# Official Journal C 297/29 N

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 297 |
| | |
| English edition | Information and Notices | Volume 4829 November 2005 |

ISSN 1725-2423

Official Journal

of the European Union

C 297

English edition

Information and Notices

Volume 4829 November 2005

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2005/C 297/1 | Euro exchange rates | 1 |
| 2005/C 297/2 | Final report of the Hearing Officer in Case COMP/M.3625 — Blackstone/Acetex (pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)
   (
  1
  ) | 2 |
| 2005/C 297/3 | Opinion of the Advisory Committee on concentrations given at its 132nd meeting on 22 June 2005 concerning a draft decision relating to Case COMP/M.3625 — Blackstone/Acetex (
  1
  ) | 3 |
| 2005/C 297/4 | Community framework for State aid in the form of public service compensation | 4 |
| 2005/C 297/5 | Prior notification of a concentration (Case COMP/M.4045 — Deutsche Bahn/BAX Global) (
  1
  ) | 8 |
| 2005/C 297/6 | Prior notification of a concentration (Case COMP/M.4002 — OMV/Aral ČR) (
  1
  ) | 9 |
| 2005/C 297/7 | Prior notification of a concentration (Case COMP/M.4056 — Hochtief AirPort/CDPQ/Budapest Airport) — Candidate case for simplified procedure (
  1
  ) | 10 |
| 2005/C 297/8 | Prior notification of a concentration (Case COMP/M.4019 — Fraport/Deutsche Bank/Budapest Airport) — Candidate case for simplified procedure (
  1
  ) | 11 |
| 2005/C 297/9 | Prior notification of a concentration (Case COMP/M.3978 — Oracle/Siebel) (
  1
  ) | 12 |
| 2005/C 297/0 | Prior notification of a concentration (Case COMP/M.4032 — VSE/Cegedel/JV) — Candidate case for simplified procedure (
  1
  ) | 13 |

Notice No

Contents

page

I   Information

Commission

2005/C 297/1

Euro exchange rates

1

2005/C 297/2

Final report of the Hearing Officer in Case COMP/M.3625 — Blackstone/Acetex (pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)
   (
  1
  )

(pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

1

2

2005/C 297/3

Opinion of the Advisory Committee on concentrations given at its 132nd meeting on 22 June 2005 concerning a draft decision relating to Case COMP/M.3625 — Blackstone/Acetex (
  1
  )

1

3

2005/C 297/4

Community framework for State aid in the form of public service compensation

4

2005/C 297/5

Prior notification of a concentration (Case COMP/M.4045 — Deutsche Bahn/BAX Global) (
  1
  )

1

8

2005/C 297/6

Prior notification of a concentration (Case COMP/M.4002 — OMV/Aral ČR) (
  1
  )

1

9

2005/C 297/7

Prior notification of a concentration (Case COMP/M.4056 — Hochtief AirPort/CDPQ/Budapest Airport) — Candidate case for simplified procedure (
  1
  )

1

10

2005/C 297/8

Prior notification of a concentration (Case COMP/M.4019 — Fraport/Deutsche Bank/Budapest Airport) — Candidate case for simplified procedure (
  1
  )

1

11

2005/C 297/9

Prior notification of a concentration (Case COMP/M.3978 — Oracle/Siebel) (
  1
  )

1

12

2005/C 297/0

Prior notification of a concentration (Case COMP/M.4032 — VSE/Cegedel/JV) — Candidate case for simplified procedure (
  1
  )

1

13

| | III   Notices |
| --- | --- |
| | Commission |
| 2005/C 297/1 | Call for proposals for modal shift, catalyst and common learning actions under the Marco Polo Programme (Regulation (EC) No 1382/2003 of the European Parliament and of the Council of 22 July 2003, OJ L 196 of 2.8.2003, p. 1) | 14 |

III   Notices

Commission

2005/C 297/1

Call for proposals for modal shift, catalyst and common learning actions under the Marco Polo Programme (Regulation (EC) No 1382/2003 of the European Parliament and of the Council of 22 July 2003, OJ L 196 of 2.8.2003, p. 1)

14

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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I Information

Commission

| 29.11.2005 | EN | Official Journal of the European Union | C 297/1 |
| --- | --- | --- | --- |

29.11.2005

EN

Official Journal of the European Union

C 297/1

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Euro exchange rates (1)

28 November 2005

(2005/C 297/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1726 |
| JPY | Japanese yen | 140,39 |
| DKK | Danish krone | 7,4570 |
| GBP | Pound sterling | 0,68550 |
| SEK | Swedish krona | 9,4585 |
| CHF | Swiss franc | 1,5471 |
| ISK | Iceland króna | 74,45 |
| NOK | Norwegian krone | 7,8700 |
| BGN | Bulgarian lev | 1,9560 |
| CYP | Cyprus pound | 0,5735 |
| CZK | Czech koruna | 28,963 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 251,03 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6962 |
| MTL | Maltese lira | 0,4293 |
| PLN | Polish zloty | 3,8870 |
| RON | Romanian leu | 3,6547 |
| SIT | Slovenian tolar | 239,51 |
| SKK | Slovak koruna | 37,751 |
| TRY | Turkish lira | 1,5960 |
| AUD | Australian dollar | 1,5949 |
| CAD | Canadian dollar | 1,3716 |
| HKD | Hong Kong dollar | 9,0928 |
| NZD | New Zealand dollar | 1,6797 |
| SGD | Singapore dollar | 1,9890 |
| KRW | South Korean won | 1 217,86 |
| ZAR | South African rand | 7,6427 |
| CNY | Chinese yuan renminbi | 9,4775 |
| HRK | Croatian kuna | 7,4018 |
| IDR | Indonesian rupiah | 11 790,49 |
| MYR | Malaysian ringgit | 4,432 |
| PHP | Philippine peso | 63,660 |
| RUB | Russian rouble | 33,8050 |
| THB | Thai baht | 48,387 |

Currency

Exchange rate

USD

US dollar

1,1726

JPY

Japanese yen

140,39

DKK

Danish krone

7,4570

GBP

Pound sterling

0,68550

SEK

Swedish krona

9,4585

CHF

Swiss franc

1,5471

ISK

Iceland króna

74,45

NOK

Norwegian krone

7,8700

BGN

Bulgarian lev

1,9560

CYP

Cyprus pound

0,5735

CZK

Czech koruna

28,963

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

251,03

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6962

MTL

Maltese lira

0,4293

PLN

Polish zloty

3,8870

RON

Romanian leu

3,6547

SIT

Slovenian tolar

239,51

SKK

Slovak koruna

37,751

TRY

Turkish lira

1,5960

AUD

Australian dollar

1,5949

CAD

Canadian dollar

1,3716

HKD

Hong Kong dollar

9,0928

NZD

New Zealand dollar

1,6797

SGD

Singapore dollar

1,9890

KRW

South Korean won

1 217,86

ZAR

South African rand

7,6427

CNY

Chinese yuan renminbi

9,4775

HRK

Croatian kuna

7,4018

IDR

Indonesian rupiah

11 790,49

MYR

Malaysian ringgit

4,432

PHP

Philippine peso

63,660

RUB

Russian rouble

33,8050

THB

Thai baht

48,387

---

(1)

Source: reference exchange rate published by the ECB.

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| 29.11.2005 | EN | Official Journal of the European Union | C 297/2 |
| --- | --- | --- | --- |

29.11.2005

EN

Official Journal of the European Union

C 297/2

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Final report of the Hearing Officer in Case COMP/M.3625 — Blackstone/Acetex

(pursuant to Articles 15 and 16 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

(2005/C 297/02)

(Text with EEA relevance)

On 20 January 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Celanese Corporation (‘Celanese’) controlled by Blackstone Crystal Holdings Capital Partners, Cayman Islands (‘Blackstone’) acquires control within the meaning of Article 3(1)(b) of the Council Regulation of the whole of the undertaking Acetex Corporation, Canada (‘Acetex’) by way of purchase of shares.

Having examined the information submitted by the parties to the proposed merger and conducted an initial market investigation, the Commission concluded that the notified operation raised serious doubts as to its compatibility with the common market and with the EEA Agreement. On 10 March 2005, the Commission therefore initiated proceedings in accordance with Article 6(1)(c) of the Merger Regulation.

Following a detailed market investigation, the Commission services concluded that the proposed concentration did not significantly impede effective competition on the markets concerned by the case. Accordingly, no statement of objections was sent to the parties.

In the course of the market investigation, the parties were granted access to key documents under section 7.2 of DG Competition's best practices on the conduct of merger control proceedings.

The case does not call for any particular comments as regards rights to be heard.

Brussels, 29 June 2005.

Karen WILLIAMS

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

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| 29.11.2005 | EN | Official Journal of the European Union | C 297/3 |
| --- | --- | --- | --- |

29.11.2005

EN

Official Journal of the European Union

C 297/3

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Opinion of the Advisory Committee on concentrations given at its 132nd meeting on 22 June 2005 concerning a draft decision relating to Case COMP/M.3625 — Blackstone/Acetex

(2005/C 297/03)

(Text with EEA relevance)

| 1. | The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration with a Community dimension within the meaning of Article 1(3) and Article 3(1)(b) of the EC Merger Regulation, and that it also constitutes a case of cooperation under the EEA Agreement. |
| --- | --- |

1.

The Advisory Committee agrees with the Commission that the notified operation constitutes a concentration with a Community dimension within the meaning of Article 1(3) and Article 3(1)(b) of the EC Merger Regulation, and that it also constitutes a case of cooperation under the EEA Agreement.

| 2. | The Advisory Committee agrees with the Commission's definitions of the relevant product markets as stated in the draft decision, namely:






  — | acetic acid, |
| --- | --- | --- |

2.

The Advisory Committee agrees with the Commission's definitions of the relevant product markets as stated in the draft decision, namely:

—

acetic acid,

| — | VAM, |
| --- | --- |

—

VAM,

| — | acetic anhydride, |
| --- | --- |

—

acetic anhydride,

| — | PVOH. |
| --- | --- |

—

PVOH.

| 3. | The Advisory Committee agrees with the Commission's definitions of the relevant geographic markets as stated in the draft decision, notably with regard to:






  — | acetic acid, |
| --- | --- | --- |

3.

The Advisory Committee agrees with the Commission's definitions of the relevant geographic markets as stated in the draft decision, notably with regard to:

—

acetic acid,

| — | VAM, |
| --- | --- |

—

VAM,

| — | acetic anhydride, |
| --- | --- |

—

acetic anhydride,

| — | PVOH, |
| --- | --- |

—

PVOH,

as being of worldwide dimension instead of limited to the EEA.

| 4. | The Advisory Committee agrees with the Commission that the concentration as notified does not significantly impede effective competition in the common market or in a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, and thus that the concentration should be declared compatible with the common market and with the functioning of the EEA Agreement in accordance with Article 2(2) and Article 8(1) of the Merger Regulation and Article 57 of the EEA Agreement. |
| --- | --- |

4.

The Advisory Committee agrees with the Commission that the concentration as notified does not significantly impede effective competition in the common market or in a substantial part of it, in particular as a result of the creation or strengthening of a dominant position, and thus that the concentration should be declared compatible with the common market and with the functioning of the EEA Agreement in accordance with Article 2(2) and Article 8(1) of the Merger Regulation and Article 57 of the EEA Agreement.

| 5. | The Advisory Committee asks the Commission to take into account all the other points raised during the discussion. |
| --- | --- |

5.

The Advisory Committee asks the Commission to take into account all the other points raised during the discussion.

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| 29.11.2005 | EN | Official Journal of the European Union | C 297/4 |
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29.11.2005

EN

Official Journal of the European Union

C 297/4

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Community framework for State aid in the form of public service compensation

(2005/C 297/04)

1.   PURPOSE AND SCOPE

| 1. | It is apparent from the case-law of the Court of Justice of the European Communities (1), that public service compensation does not constitute State aid within the meaning of Article 87(1) of the EC Treaty if it fulfils certain conditions. However, if public service compensation does not meet these conditions and if the general criteria for the applicability of Article 87(1) are satisfied, such compensation constitutes State aid. |
| --- | --- |

1.

It is apparent from the case-law of the Court of Justice of the European Communities (1), that public service compensation does not constitute State aid within the meaning of Article 87(1) of the EC Treaty if it fulfils certain conditions. However, if public service compensation does not meet these conditions and if the general criteria for the applicability of Article 87(1) are satisfied, such compensation constitutes State aid.

| 2. | Commission Decision 2005/842/EC of 28 November 2005 on the application of Article 86(2) of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (2) lays down the conditions under which certain types of public service compensation constitute State aid compatible with Article 86(2) of the EC Treaty and exempts compensation satisfying those conditions from the prior notification requirement. Public service compensation which constitutes State aid and does not fall within the scope of Decision 2005/842/EC on the application of Article 86(2) of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest will still be subject to the prior notification requirement. The purpose of this framework is to spell out the conditions under which such State aid can be found compatible with the common market pursuant to Article 86(2). |
| --- | --- |

2.

Commission Decision 2005/842/EC of 28 November 2005 on the application of Article 86(2) of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (2) lays down the conditions under which certain types of public service compensation constitute State aid compatible with Article 86(2) of the EC Treaty and exempts compensation satisfying those conditions from the prior notification requirement. Public service compensation which constitutes State aid and does not fall within the scope of Decision 2005/842/EC on the application of Article 86(2) of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest will still be subject to the prior notification requirement. The purpose of this framework is to spell out the conditions under which such State aid can be found compatible with the common market pursuant to Article 86(2).

| 3. | This framework is applicable to public service compensation granted to undertakings in connexion with activities subject to the rules of the EC Treaty, with the exception of the transport sector, and the public service broadcasting sector covered by the Communication from the Commission on the application of State aid rules to public service broadcasting (3). |
| --- | --- |

3.

This framework is applicable to public service compensation granted to undertakings in connexion with activities subject to the rules of the EC Treaty, with the exception of the transport sector, and the public service broadcasting sector covered by the Communication from the Commission on the application of State aid rules to public service broadcasting (3).

| 4. | The provisions of this framework apply without prejudice to the stricter specific provisions relating to public service obligations contained in sectoral Community legislation and measures. |
| --- | --- |

4.

The provisions of this framework apply without prejudice to the stricter specific provisions relating to public service obligations contained in sectoral Community legislation and measures.

| 5. | This framework applies without prejudice to the Community provisions in force in the field of public procurement and competition (in particular Articles 81 and 82 of the EC Treaty). |
| --- | --- |

5.

This framework applies without prejudice to the Community provisions in force in the field of public procurement and competition (in particular Articles 81 and 82 of the EC Treaty).

2.   CONDITIONS GOVERNING THE COMPATIBILITY OF PUBLIC SERVICE COMPENSATION THAT CONSTITUTES STATE AID

2.1.   General provisions

| 6. | In its judgment in Altmark, the Court laid down the conditions under which public service compensation does not constitute State aid as follows:
  ‘[...] First, the recipient undertaking must actually have public service obligations to discharge, and the obligations must be clearly defined. [...].
  [...] Second, the parameters on the basis of which the compensation is calculated must be established in advance in an objective and transparent manner, to avoid it conferring an economic advantage which may favour the recipient undertaking over competing undertakings. [...] Payment by a Member State of compensation for the loss incurred by an undertaking without the parameters of such compensation having been established beforehand, where it turns out after the event that the operation of certain services in connection with the discharge of public service obligations was not economically viable, therefore constitutes a financial measure which falls within the concept of State aid within the meaning of Article 87(1) of the Treaty.
  [...] Third, the compensation cannot exceed what is necessary to cover all or part of the costs incurred in the discharge of public service obligations, taking into account the relevant receipts and a reasonable profit [...].
  [...] Fourth, where the undertaking which is to discharge public service obligations, in a specific case, is not chosen pursuant to a public procurement procedure which would allow for the selection of the tenderer capable of providing those services at the least cost to the community, the level of compensation needed must be determined on the basis of an analysis of the costs which a typical undertaking, well run and adequately provided with means of transport so as to be able to meet the necessary public service requirements, would have incurred in discharging those obligations, taking into account the relevant receipts and a reasonable profit for discharging the obligations.’ |
| --- | --- |

6.

In its judgment in Altmark, the Court laid down the conditions under which public service compensation does not constitute State aid as follows:

‘[...] First, the recipient undertaking must actually have public service obligations to discharge, and the obligations must be clearly defined. [...].

[...] Second, the parameters on the basis of which the compensation is calculated must be established in advance in an objective and transparent manner, to avoid it conferring an economic advantage which may favour the recipient undertaking over competing undertakings. [...] Payment by a Member State of compensation for the loss incurred by an undertaking without the parameters of such compensation having been established beforehand, where it turns out after the event that the operation of certain services in connection with the discharge of public service obligations was not economically viable, therefore constitutes a financial measure which falls within the concept of State aid within the meaning of Article 87(1) of the Treaty.

[...] Third, the compensation cannot exceed what is necessary to cover all or part of the costs incurred in the discharge of public service obligations, taking into account the relevant receipts and a reasonable profit [...].

[...] Fourth, where the undertaking which is to discharge public service obligations, in a specific case, is not chosen pursuant to a public procurement procedure which would allow for the selection of the tenderer capable of providing those services at the least cost to the community, the level of compensation needed must be determined on the basis of an analysis of the costs which a typical undertaking, well run and adequately provided with means of transport so as to be able to meet the necessary public service requirements, would have incurred in discharging those obligations, taking into account the relevant receipts and a reasonable profit for discharging the obligations.’

| 7. | Where these four criteria are met, public service compensation does not constitute State aid, and Articles 87 and 88 of the EC Treaty do not apply. If the Member States do not respect these criteria and if the general criteria for the applicability of Article 87(1) of the EC Treaty are met, public service compensation constitutes State aid. |
| --- | --- |

7.

Where these four criteria are met, public service compensation does not constitute State aid, and Articles 87 and 88 of the EC Treaty do not apply. If the Member States do not respect these criteria and if the general criteria for the applicability of Article 87(1) of the EC Treaty are met, public service compensation constitutes State aid.

| 8. | The Commission considers that at the current stage of development of the common market, such State aid may be declared compatible with the Treaty under Article 86(2) of the EC Treaty if it is necessary to the operation of the services of general economic interest and does not affect the development of trade to such an extent as would be contrary to the interests of the Community. The following conditions should be met in order to achieve such balance. |
| --- | --- |

8.

The Commission considers that at the current stage of development of the common market, such State aid may be declared compatible with the Treaty under Article 86(2) of the EC Treaty if it is necessary to the operation of the services of general economic interest and does not affect the development of trade to such an extent as would be contrary to the interests of the Community. The following conditions should be met in order to achieve such balance.

2.2.   Genuine service of general economic interest within the meaning of Article 86 of the EC Treaty

| 9. | It is apparent from the case-law of the Court of Justice that with the exception of the sectors in which there are Community rules governing the matter, Member States have a wide margin of discretion regarding the nature of services that could be classified as being services of general economic interest. Thus, the Commission's task is to ensure that this margin of discretion is applied without manifest error as regards the definition of services of general economic interest. |
| --- | --- |

9.

It is apparent from the case-law of the Court of Justice that with the exception of the sectors in which there are Community rules governing the matter, Member States have a wide margin of discretion regarding the nature of services that could be classified as being services of general economic interest. Thus, the Commission's task is to ensure that this margin of discretion is applied without manifest error as regards the definition of services of general economic interest.

| 10. | It transpires from Article 86(2) that undertakings (4) entrusted with the operation of services of general economic interest are undertakings entrusted with ‘a particular task’. When defining public service obligations and in assessing whether those obligations are met by the undertakings concerned, the Member States are encouraged to consult widely, with a particular emphasis on users. |
| --- | --- |

10.

It transpires from Article 86(2) that undertakings (4) entrusted with the operation of services of general economic interest are undertakings entrusted with ‘a particular task’. When defining public service obligations and in assessing whether those obligations are met by the undertakings concerned, the Member States are encouraged to consult widely, with a particular emphasis on users.

2.3.   Need for an instrument specifying the public service obligations and the methods of calculating compensation

| 11. | The concept of service of general economic interest within the meaning of Article 86 of the EC Treaty means that the undertakings in question have been entrusted with a special task by the State (5). Public authorities remain responsible — with the exception of the sectors in which there are Community rules governing the matter — for setting the framework of criteria and conditions for the provision of services, regardless of the legal status of the provider and of whether the service is provided on the basis of free competition. Accordingly, a public service assignment is necessary in order to define the obligations of the undertakings in question and of the State. The term ‘State’ covers the central, regional and local authorities. |
| --- | --- |

11.

The concept of service of general economic interest within the meaning of Article 86 of the EC Treaty means that the undertakings in question have been entrusted with a special task by the State (5). Public authorities remain responsible — with the exception of the sectors in which there are Community rules governing the matter — for setting the framework of criteria and conditions for the provision of services, regardless of the legal status of the provider and of whether the service is provided on the basis of free competition. Accordingly, a public service assignment is necessary in order to define the obligations of the undertakings in question and of the State. The term ‘State’ covers the central, regional and local authorities.

| 12. | Responsibility for operation of the service of general economic interest must be entrusted to the undertaking concerned by way of one or more official acts, the form of which may be determined by each Member State. The act or acts must specify, in particular:






  (a) | the precise nature and the duration of the public service obligations; |
| --- | --- | --- |

12.

Responsibility for operation of the service of general economic interest must be entrusted to the undertaking concerned by way of one or more official acts, the form of which may be determined by each Member State. The act or acts must specify, in particular:

(a)

the precise nature and the duration of the public service obligations;

| (b) | the undertakings and territory concerned; |
| --- | --- |

(b)

the undertakings and territory concerned;

| (c) | the nature of any exclusive or special rights assigned to the undertaking; |
| --- | --- |

(c)

the nature of any exclusive or special rights assigned to the undertaking;

| (d) | the parameters for calculating, controlling and reviewing the compensation; |
| --- | --- |

(d)

the parameters for calculating, controlling and reviewing the compensation;

| (e) | the arrangements for avoiding and repaying any over-compensation. |
| --- | --- |

(e)

the arrangements for avoiding and repaying any over-compensation.

| 13. | When defining public service obligations and in assessing whether those obligations are met by the undertakings concerned, Member States are invited to consult widely, with particular emphasis on users. |
| --- | --- |

13.

When defining public service obligations and in assessing whether those obligations are met by the undertakings concerned, Member States are invited to consult widely, with particular emphasis on users.

2.4.   Amount of compensation

| 14. | The amount of compensation may not exceed what is necessary to cover the costs incurred in discharging the public service obligations, taking into account the relevant receipts and reasonable profit for discharging those obligations. The amount of compensation includes all the advantages granted by the State or through State resources in any form whatsoever. The reasonable profit may include all or some of the productivity gains achieved by the undertakings concerned during an agreed limited period without reducing the level of quality of the services entrusted to the undertaking by the State. |
| --- | --- |

14.

The amount of compensation may not exceed what is necessary to cover the costs incurred in discharging the public service obligations, taking into account the relevant receipts and reasonable profit for discharging those obligations. The amount of compensation includes all the advantages granted by the State or through State resources in any form whatsoever. The reasonable profit may include all or some of the productivity gains achieved by the undertakings concerned during an agreed limited period without reducing the level of quality of the services entrusted to the undertaking by the State.

| 15. | In any event, compensation must be actually used for the operation of the service of general economic interest concerned. Public service compensation granted for the operation of a service of general economic interest, but actually used to operate on other markets is not justified, and consequently constitutes incompatible State aid. The undertaking receiving public service compensation may, however, enjoy a reasonable profit. |
| --- | --- |

15.

In any event, compensation must be actually used for the operation of the service of general economic interest concerned. Public service compensation granted for the operation of a service of general economic interest, but actually used to operate on other markets is not justified, and consequently constitutes incompatible State aid. The undertaking receiving public service compensation may, however, enjoy a reasonable profit.

| 16. | The costs to be taken into consideration include all the costs incurred in the operation of the service of general economic interest. Where the activities of the undertaking in question are confined to the service of general economic interest, all its costs may be taken into consideration. Where the undertaking also carries out activities falling outside the scope of the service of general economic interest, only the costs associated with the service of general economic interest may be taken into consideration. The costs allocated to the service of general economic interest may cover all the variable costs incurred in providing the service of general economic interest, an appropriate contribution to fixed costs common to both the service of general economic interest and other activities and an adequate return on the own capital assigned to the service of general economic interest (6). The costs linked with investments, notably concerning infrastructure, may be taken into account when necessary for the functioning of the service of general economic interest. The costs linked to any activities outside the scope of the service of general economic interest must cover all the variable costs, an appropriate contribution to fixed common costs and an adequate return on capital. These costs may, under no circumstances, be imputed to the service of general economic interest. The calculation of costs must follow criteria which have previously been defined and be based on generally accepted cost accounting principles which must be brought to the knowledge of the Commission in the context of the notification pursuant to Article 88(3) of the EC Treaty. |
| --- | --- |

16.

The costs to be taken into consideration include all the costs incurred in the operation of the service of general economic interest. Where the activities of the undertaking in question are confined to the service of general economic interest, all its costs may be taken into consideration. Where the undertaking also carries out activities falling outside the scope of the service of general economic interest, only the costs associated with the service of general economic interest may be taken into consideration. The costs allocated to the service of general economic interest may cover all the variable costs incurred in providing the service of general economic interest, an appropriate contribution to fixed costs common to both the service of general economic interest and other activities and an adequate return on the own capital assigned to the service of general economic interest (6). The costs linked with investments, notably concerning infrastructure, may be taken into account when necessary for the functioning of the service of general economic interest. The costs linked to any activities outside the scope of the service of general economic interest must cover all the variable costs, an appropriate contribution to fixed common costs and an adequate return on capital. These costs may, under no circumstances, be imputed to the service of general economic interest. The calculation of costs must follow criteria which have previously been defined and be based on generally accepted cost accounting principles which must be brought to the knowledge of the Commission in the context of the notification pursuant to Article 88(3) of the EC Treaty.

| 17. | The revenue to be taken into account must include at least the entire revenue earned from the service of general economic interest. If the undertaking in question holds special or exclusive rights linked to a service of general economic interest that generates profit in excess of the reasonable profit, or benefits from other advantages granted by the State, these must be taken into consideration, irrespective of their classification for the purposes of Article 87 of the EC Treaty, and are added to its revenue. The Member State may also decide that the profits accruing from other activities outside the scope of the service of general economic interest must be allocated in whole or in part to the financing of the service of general economic interest. |
| --- | --- |

17.

The revenue to be taken into account must include at least the entire revenue earned from the service of general economic interest. If the undertaking in question holds special or exclusive rights linked to a service of general economic interest that generates profit in excess of the reasonable profit, or benefits from other advantages granted by the State, these must be taken into consideration, irrespective of their classification for the purposes of Article 87 of the EC Treaty, and are added to its revenue. The Member State may also decide that the profits accruing from other activities outside the scope of the service of general economic interest must be allocated in whole or in part to the financing of the service of general economic interest.

| 18. | ‘Reasonable profit’ should be taken to mean a rate of return on own capital that takes account of the risk, or absence of risk, incurred by the undertaking by virtue of the intervention by the Member State, particularly if the latter grants exclusive or special rights. This rate must normally not exceed the average rate for the sector concerned in recent years. In sectors where there is no undertaking comparable to the undertaking entrusted with the operation of the service of general economic interest, a comparison may be made with undertakings situated in other Member States, or if necessary, in other sectors, provided that the particular characteristics of each sector are taken into account. In determining what amounts to a reasonable profit, the Member State may introduce incentive criteria relating, among other things, to the quality of service provided and gains in productive efficiency. |
| --- | --- |

18.

‘Reasonable profit’ should be taken to mean a rate of return on own capital that takes account of the risk, or absence of risk, incurred by the undertaking by virtue of the intervention by the Member State, particularly if the latter grants exclusive or special rights. This rate must normally not exceed the average rate for the sector concerned in recent years. In sectors where there is no undertaking comparable to the undertaking entrusted with the operation of the service of general economic interest, a comparison may be made with undertakings situated in other Member States, or if necessary, in other sectors, provided that the particular characteristics of each sector are taken into account. In determining what amounts to a reasonable profit, the Member State may introduce incentive criteria relating, among other things, to the quality of service provided and gains in productive efficiency.

| 19. | When a company carries out activities falling both inside and outside the scope of the service of general economic interest, the internal accounts must show separately the costs and receipts associated with the service of general economic interest and those associated with other services, as well as the parameters for allocating costs and revenues. Where an undertaking is entrusted with the operation of several services of general economic interest either because the authority assigning the service of general economic interest is different or because the nature of the service of general economic interest is different, the undertaking's internal accounts must make it possible to ensure that there is no over-compensation at the level of each service of general economic interest. These principles are without prejudice to the provisions of Directive 80/723/EEC in cases where that Directive applies. |
| --- | --- |

19.

When a company carries out activities falling both inside and outside the scope of the service of general economic interest, the internal accounts must show separately the costs and receipts associated with the service of general economic interest and those associated with other services, as well as the parameters for allocating costs and revenues. Where an undertaking is entrusted with the operation of several services of general economic interest either because the authority assigning the service of general economic interest is different or because the nature of the service of general economic interest is different, the undertaking's internal accounts must make it possible to ensure that there is no over-compensation at the level of each service of general economic interest. These principles are without prejudice to the provisions of Directive 80/723/EEC in cases where that Directive applies.

3.   OVER-COMPENSATION

| 20. | Member States must check regularly, or arrange for checks to be made, to ensure that there has been no over-compensation. Since over-compensation is not necessary for the operation of the service of general economic interest, it constitutes incompatible State aid that must be repaid to the State, and for the future, the parameters for the calculation of the compensation must be updated. |
| --- | --- |

20.

Member States must check regularly, or arrange for checks to be made, to ensure that there has been no over-compensation. Since over-compensation is not necessary for the operation of the service of general economic interest, it constitutes incompatible State aid that must be repaid to the State, and for the future, the parameters for the calculation of the compensation must be updated.

| 21. | Where the amount of over-compensation does not exceed 10 % of the amount of annual compensation, such over-compensation may be carried forward to the next year. Some services of general economic interest may have costs that vary significantly each year, notably as regards specific investments. In such cases, exceptionally, over-compensation in excess of 10 % in certain years may prove necessary for the operation of the service of general economic interest. The specific situation which may justify over-compensation in excess of 10 % should be explained in the notification to the Commission. However, the situation should be reviewed at intervals determined on the basis of the situation in each sector which, in any event, should not exceed four years. All over-compensation discovered at the end of that period should be repaid. |
| --- | --- |

21.

Where the amount of over-compensation does not exceed 10 % of the amount of annual compensation, such over-compensation may be carried forward to the next year. Some services of general economic interest may have costs that vary significantly each year, notably as regards specific investments. In such cases, exceptionally, over-compensation in excess of 10 % in certain years may prove necessary for the operation of the service of general economic interest. The specific situation which may justify over-compensation in excess of 10 % should be explained in the notification to the Commission. However, the situation should be reviewed at intervals determined on the basis of the situation in each sector which, in any event, should not exceed four years. All over-compensation discovered at the end of that period should be repaid.

| 22. | Any over-compensation may be used to finance another service of general economic interest operated by the same undertaking, but such a transfer must be shown in the undertaking's accounts and be carried out in accordance with the rules and principles set out in this framework, notably as regards prior notification The Member States must ensure that such transfers are subjected to proper control. The transparency rules laid down in Directive 80/723/EEC apply . |
| --- | --- |

22.

Any over-compensation may be used to finance another service of general economic interest operated by the same undertaking, but such a transfer must be shown in the undertaking's accounts and be carried out in accordance with the rules and principles set out in this framework, notably as regards prior notification The Member States must ensure that such transfers are subjected to proper control. The transparency rules laid down in Directive 80/723/EEC apply .

| 23. | The amount of over-compensation cannot remain available to an undertaking on the ground that it would rank as aid compatible with the Treaty (for example, environmental aid, employment aid and aid for small and medium-sized enterprises). If a Member State wishes to grant such aid, the prior notification procedure laid down in Article 88(3) of the EC Treaty should be complied with. Aid may be disbursed only if it has been authorised by the Commission. If such aid is compatible with a block exemption Regulation, the conditions of the relevant block exemption Regulation must be fulfilled. |
| --- | --- |

23.

The amount of over-compensation cannot remain available to an undertaking on the ground that it would rank as aid compatible with the Treaty (for example, environmental aid, employment aid and aid for small and medium-sized enterprises). If a Member State wishes to grant such aid, the prior notification procedure laid down in Article 88(3) of the EC Treaty should be complied with. Aid may be disbursed only if it has been authorised by the Commission. If such aid is compatible with a block exemption Regulation, the conditions of the relevant block exemption Regulation must be fulfilled.

4.   CONDITIONS AND OBLIGATIONS ATTACHED TO COMMISSION DECISIONS

| 24. | According to Article 7(4) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (7), the Commission may attach to a positive decision conditions subject to which an aid may be considered compatible with the common market, and lay down obligations to enable compliance with the decision to be monitored. In the field of services of general economic interest, conditions and obligations may be necessary notably to ensure that aid granted to the undertakings concerned does not actually lead to over-compensations. In this context, periodical reports or other obligations may be necessary, in the light of the specific situation of each service of general economic interest. |
| --- | --- |

24.

According to Article 7(4) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (7), the Commission may attach to a positive decision conditions subject to which an aid may be considered compatible with the common market, and lay down obligations to enable compliance with the decision to be monitored. In the field of services of general economic interest, conditions and obligations may be necessary notably to ensure that aid granted to the undertakings concerned does not actually lead to over-compensations. In this context, periodical reports or other obligations may be necessary, in the light of the specific situation of each service of general economic interest.

5.   APPLICATION OF THE FRAMEWORK

| 25. | This framework will apply for a period of six years from the date of its publication in the Official Journal of the European Union. The Commission may, after consulting the Member States, amend the framework before it expires, for important reasons linked to the development of the common market. Four years after the date of publication of this framework, the Commission will undertake an impact assessment based on factual information and the results of wide consultations conducted by the Commission on the basis, notably, of data provided by the Member States. The results of the impact assessment will be made available to the European Parliament, the Committee of Regions and the Economic and Social Committee and to the Member States. |
| --- | --- |

25.

This framework will apply for a period of six years from the date of its publication in the Official Journal of the European Union. The Commission may, after consulting the Member States, amend the framework before it expires, for important reasons linked to the development of the common market. Four years after the date of publication of this framework, the Commission will undertake an impact assessment based on factual information and the results of wide consultations conducted by the Commission on the basis, notably, of data provided by the Member States. The results of the impact assessment will be made available to the European Parliament, the Committee of Regions and the Economic and Social Committee and to the Member States.

| 26. | The Commission will apply the provisions of this framework to all aid projects notified to it and will take a decision on those projects after the framework is published in the Official Journal, even if the projects were notified prior to such publication. In the case of non-notified aid, the Commission will apply:






  (a) | the provisions of this framework, if the aid was granted after publication of the framework in the Official Journal; |
| --- | --- | --- |

26.

The Commission will apply the provisions of this framework to all aid projects notified to it and will take a decision on those projects after the framework is published in the Official Journal, even if the projects were notified prior to such publication. In the case of non-notified aid, the Commission will apply:

(a)

the provisions of this framework, if the aid was granted after publication of the framework in the Official Journal;

| (b) | the provisions in force at the time the aid was granted, in all other cases. |
| --- | --- |

(b)

the provisions in force at the time the aid was granted, in all other cases.

6.   APPROPRIATE MEASURES

| 27. | The Commission proposes as appropriate measures for the purposes of Article 88(1) of the EC Treaty that Member States bring their existing schemes regarding public service compensation into line with this framework, within 18 months following its publication in the Official Journal. Member States should confirm to the Commission within one month of publication of the framework in the Official Journal that they agree to the appropriate measures proposed. In the absence of any reply, the Commission will take it that the Member State concerned does not agree. |
| --- | --- |

27.

The Commission proposes as appropriate measures for the purposes of Article 88(1) of the EC Treaty that Member States bring their existing schemes regarding public service compensation into line with this framework, within 18 months following its publication in the Official Journal. Member States should confirm to the Commission within one month of publication of the framework in the Official Journal that they agree to the appropriate measures proposed. In the absence of any reply, the Commission will take it that the Member State concerned does not agree.

---

(1)  Judgments in Case C-280/00 Altmark Trans GmbH and Regierungspräsidium Magdeburg v Nahverkehrsgesellschaft Altmark GmbH (‘Altmark’) [2003] ECR I-7747 and Joined Cases C-34/01 to C-38/01 Enirisorse SpA v Ministero delle Finanze [2003] ECR I-14243.

(2)  OJ L 312, 29.11.2005, p. 67.

(3)  OJ C 320, 15.11.2001, p. 5.

(4)  ‘Undertaking’ is to be understood as any entity engaged in an economic activity, regardless of the legal status of the entity and the way in which it is financed. ‘Public undertaking’ is to be understood as any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it, as defined in Article 2(1)(b) of Commission Directive 80/723/EEC of 25 June 1980 on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings (OJ L 195, 29.7.1980, p. 35. Directive as last amended by Directive 2000/52/EC, OJ L 193, 29.7.2000, p. 75).

(5)  See, in particular, the judgment in Case C-127/73 BRT v SABAM [1974] ECR-313.

(6)  See Joined Cases C-83/01P, C-93/01P and C-94/01P Chronopost SA [2003] ECR I - 6993.

(7)  OJ L 83, 27.3.1999, p. 1. Regulation as amended by the 2003 Act of Accession.

---

| 29.11.2005 | EN | Official Journal of the European Union | C 297/8 |
| --- | --- | --- | --- |

29.11.2005

EN

Official Journal of the European Union

C 297/8

---

Prior notification of a concentration

(Case COMP/M.4045 — Deutsche Bahn/BAX Global)

(2005/C 297/05)

(Text with EEA relevance)

| 1. | On 22 November 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Deutsche Bahn AG (‘Deutsche Bahn’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking BAX Global Inc. (‘BAX Global’, USA) by way of purchase of shares. |
| --- | --- |

1.

On 22 November 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Deutsche Bahn AG (‘Deutsche Bahn’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking BAX Global Inc. (‘BAX Global’, USA) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for undertaking Deutsche Bahn: passenger transport, freight transport, freight forwarding and logistics; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking Deutsche Bahn: passenger transport, freight transport, freight forwarding and logistics;

| — | for undertaking BAX Global: freight forwarding and logistics. |
| --- | --- |

—

for undertaking BAX Global: freight forwarding and logistics.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4045 — Deutsche Bahn/BAX Global, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| BE-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4045 — Deutsche Bahn/BAX Global, to the following address:

European Commission

Competition DG

Merger Registry

J-70

BE-1049 Brussels

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

| 29.11.2005 | EN | Official Journal of the European Union | C 297/9 |
| --- | --- | --- | --- |

29.11.2005

EN

Official Journal of the European Union

C 297/9

---

Prior notification of a concentration

(Case COMP/M.4002 — OMV/Aral ČR)

(2005/C 297/06)

(Text with EEA relevance)

| 1. | On 17 November 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking OMV Aktiengesellschaft (‘OMV’, Austria) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Aral ČR, a.s. (‘Aral ČR’, Czech Republic) by way of purchase of shares. |
| --- | --- |

1.

On 17 November 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking OMV Aktiengesellschaft (‘OMV’, Austria) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Aral ČR, a.s. (‘Aral ČR’, Czech Republic) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for OMV: exploration, production, refining and distribution of mineral oil products, including retail sale and wholesale of fuel; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for OMV: exploration, production, refining and distribution of mineral oil products, including retail sale and wholesale of fuel;

| — | for Aral ČR: retail sale and wholesale of fuel in the Czech Republic. |
| --- | --- |

—

for Aral ČR: retail sale and wholesale of fuel in the Czech Republic.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4002 — OMV/Aral ČR, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| BE-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4002 — OMV/Aral ČR, to the following address:

European Commission

Competition DG

Merger Registry

J-70

BE-1049 Brussels

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

| 29.11.2005 | EN | Official Journal of the European Union | C 297/10 |
| --- | --- | --- | --- |

29.11.2005

EN

Official Journal of the European Union

C 297/10

---

Prior notification of a concentration

(Case COMP/M.4056 — Hochtief AirPort/CDPQ/Budapest Airport)

Candidate case for simplified procedure

(2005/C 297/07)

(Text with EEA relevance)

| 1. | On 17 November 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings HOCHTIEF AirPort GmbH (‘HOCHTIEF AirPort’, Germany), controlled by HOCHTIEF Aktiengesellschaft, and Caisse de Dépôt et Placement du Québec (‘CDPQ’, Canada) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Budapest Airport Rt. (‘Budapest Airport’, Hungary) by way of purchase of shares. |
| --- | --- |

1.

On 17 November 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings HOCHTIEF AirPort GmbH (‘HOCHTIEF AirPort’, Germany), controlled by HOCHTIEF Aktiengesellschaft, and Caisse de Dépôt et Placement du Québec (‘CDPQ’, Canada) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Budapest Airport Rt. (‘Budapest Airport’, Hungary) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for HOCHTIEF AirPort: airport management services of Athens, Düsseldorf, Hamburg, Sydney and Tirana airports; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for HOCHTIEF AirPort: airport management services of Athens, Düsseldorf, Hamburg, Sydney and Tirana airports;

| — | for CDPQ: management of funds for public and private pension and insurance funds; |
| --- | --- |

—

for CDPQ: management of funds for public and private pension and insurance funds;

| — | for Budapest Airport: airport management services of the Budapest airport. |
| --- | --- |

—

for Budapest Airport: airport management services of the Budapest airport.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4056 — Hochtief AirPort/CDPQ/Budapest Airport, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| BE-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4056 — Hochtief AirPort/CDPQ/Budapest Airport, to the following address:

European Commission

Competition DG

Merger Registry

J-70

BE-1049 Brussels

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.

---

| 29.11.2005 | EN | Official Journal of the European Union | C 297/11 |
| --- | --- | --- | --- |

29.11.2005

EN

Official Journal of the European Union

C 297/11

---

Prior notification of a concentration

(Case COMP/M.4019 — Fraport/Deutsche Bank/Budapest Airport)

Candidate case for simplified procedure

(2005/C 297/08)

(Text with EEA relevance)

| 1. | On 18 November 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Fraport AG (‘Fraport’, Germany) and Deutsche Bank AG (‘Deutsche Bank’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Budapest Airport Rt. (‘Budapest Airport’, Hungary) by way of purchase of shares. |
| --- | --- |

1.

On 18 November 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Fraport AG (‘Fraport’, Germany) and Deutsche Bank AG (‘Deutsche Bank’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Budapest Airport Rt. (‘Budapest Airport’, Hungary) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for undertaking Fraport: airport management services of the Frankfurt, Frankfurt-Hahn, Saarbrücken, Hannover, Antalya and Lima airports; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking Fraport: airport management services of the Frankfurt, Frankfurt-Hahn, Saarbrücken, Hannover, Antalya and Lima airports;

| — | for undertaking Deutsche Bank: banking; |
| --- | --- |

—

for undertaking Deutsche Bank: banking;

| — | for undertaking Budapest Airport: airport management services of the Budapest airport. |
| --- | --- |

—

for undertaking Budapest Airport: airport management services of the Budapest airport.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4019 — Fraport/Deutsche Bank/Budapest Airport, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| BE-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4019 — Fraport/Deutsche Bank/Budapest Airport, to the following address:

European Commission

Competition DG

Merger Registry

J-70

BE-1049 Brussels

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.

---

| 29.11.2005 | EN | Official Journal of the European Union | C 297/12 |
| --- | --- | --- | --- |

29.11.2005

EN

Official Journal of the European Union

C 297/12

---

Prior notification of a concentration

(Case COMP/M.3978 — Oracle/Siebel)

(2005/C 297/09)

(Text with EEA relevance)

| 1. | On 18 November 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Oracle Corporation (‘Oracle’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Siebel Systems Inc. (‘Siebel’, USA) by way of purchase of shares. |
| --- | --- |

1.

On 18 November 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Oracle Corporation (‘Oracle’, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Siebel Systems Inc. (‘Siebel’, USA) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for undertaking Oracle: Design, development and marketing of enterprise application software, databases and other infrastructure and middleware software, and related services; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking Oracle: Design, development and marketing of enterprise application software, databases and other infrastructure and middleware software, and related services;

| — | for undertaking Siebel: Design, development and marketing of customer relationship management software and business intelligence software, and related services. |
| --- | --- |

—

for undertaking Siebel: Design, development and marketing of customer relationship management software and business intelligence software, and related services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3978 — Oracle/Siebel, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| BE-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3978 — Oracle/Siebel, to the following address:

European Commission

Competition DG

Merger Registry

J-70

BE-1049 Brussels

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(1)  OJ L 24, 29.1.2004, p. 1.

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| 29.11.2005 | EN | Official Journal of the European Union | C 297/13 |
| --- | --- | --- | --- |

29.11.2005

EN

Official Journal of the European Union

C 297/13

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Prior notification of a concentration

(Case COMP/M.4032 — VSE/Cegedel/JV)

Candidate case for simplified procedure

(2005/C 297/10)

(Text with EEA relevance)

| 1. | On 22 November 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings VSE AG (‘VSE’, Germany) belonging to the German group RWE AG and CEGEDEL S.A. (‘Cegedel’, Luxembourg) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the newly created undertaking NewJV comprising of the undertakings VSE NET GmbH (‘VSENET’, Germany) belonging to VSE and Cegecom S.A. (‘Cegecom’, Luxembourg) belonging to Cegedel by way of purchase of shares. |
| --- | --- |

1.

On 22 November 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings VSE AG (‘VSE’, Germany) belonging to the German group RWE AG and CEGEDEL S.A. (‘Cegedel’, Luxembourg) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the newly created undertaking NewJV comprising of the undertakings VSE NET GmbH (‘VSENET’, Germany) belonging to VSE and Cegecom S.A. (‘Cegecom’, Luxembourg) belonging to Cegedel by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for undertaking VSE: Generation and distribution of electricity in the German region of Saarland; |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking VSE: Generation and distribution of electricity in the German region of Saarland;

| — | for undertaking Cegedel: Generation and distribution of electricity in Luxembourg; |
| --- | --- |

—

for undertaking Cegedel: Generation and distribution of electricity in Luxembourg;

| — | for undertaking VSENET: Telecommunication services; |
| --- | --- |

—

for undertaking VSENET: Telecommunication services;

| — | for undertaking Cegecom: Telecommunication services; |
| --- | --- |

—

for undertaking Cegecom: Telecommunication services;

| — | for undertaking NewJV: Telecommunication services. |
| --- | --- |

—

for undertaking NewJV: Telecommunication services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4032 — VSE/Cegedel/JV, to the following address:





  European Commission |
| --- | --- |
| Competition DG |
| Merger Registry |
| J-70 |
| BE-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4032 — VSE/Cegedel/JV, to the following address:

European Commission

Competition DG

Merger Registry

J-70

BE-1049 Brussels

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  OJ C 56, 5.3.2005, p. 32.

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III Notices

Commission

| 29.11.2005 | EN | Official Journal of the European Union | C 297/14 |
| --- | --- | --- | --- |

29.11.2005

EN

Official Journal of the European Union

C 297/14

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Call for proposals for modal shift, catalyst and common learning actions under the Marco Polo Programme (Regulation (EC) No 1382/2003 of the European Parliament and of the Council of 22 July 2003, OJ L 196 of 2.8.2003, p. 1)

(2005/C 297/11)

The European Commission is hereby launching a call for proposals for the selection procedure 2005 under the Marco Polo programme. The call is closing on 30 January 2006.

Information on the modalities of the call and guidance to proposers on how to submit projects, is available at the following Website:

http://europa.eu.int/comm/transport/marcopolo/whatsnew/index_en.htm

The helpdesk of the Marco Polo Programme can be reached via e-mail tren-marco-polo@cec.eu.int and fax: (32-2) 296 37 65.

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