# Official Journal C 45/23 F

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 45 |
| | |
| English edition | Information and Notices | Volume 4923 February 2006 |

ISSN 1725-2423

Official Journal

of the European Union

C 45

English edition

Information and Notices

Volume 4923 February 2006

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2006/C 045/1 | Euro exchange rates | 1 |
| 2006/C 045/2 | Non-opposition to a notified concentration (Case COMP/M.3869 — Tessenderlo/Siemens/Advanced Power/JV) (
  1
  ) | 2 |
| 2006/C 045/3 | Non-opposition to a notified concentration (Case COMP/M.4041 — Basell/Société du Craqueur de l'Aubette) (
  1
  ) | 2 |
| 2006/C 045/4 | Information procedure — Technical rules (
  1
  ) | 3 |
| 2006/C 045/5 | Prior notification of a concentration (Case COMP/M.4126 — LBO France/Cegelec) — Candidate case for simplified procedure (
  1
  ) | 9 |
| | EUROPEAN ECONOMIC AREA |
| | EFTA Court |
| 2006/C 045/6 | Judgment of the Court of 23 November 2004 in Case E-1/04 Fokus Bank ASA and The Norwegian State, represented by Skattedirektoratet (the Directorate of Taxes) (Free movement of capital — taxation of dividends — tax credit granted exclusively to shareholders resident in a Contracting Party — denial of procedural rights to shareholders resident in other Contracting Parties) | 10 |
| 2006/C 045/7 | Judgment of the Court of 10 December 2004 in Case E-2/04 Reidar Rasmussen, Jan Rossavik, and Johan Käldman, and Total E&P Norge AS, v/styrets formann (chairman of the board) (Transfer of undertakings — Council Directive 77/187/EEC — time of transfer — objection to transfer of employment relationship) | 11 |
| 2006/C 045/8 | Judgment of the Court of 14 December 2004 in Case E-3/04 Tsomakas Athanasios and Others with Odfjell ASA as an accessory intervener and The Norwegian State, represented by Rikstrygdeverket (The National Insurance Administration) (Freedom of movement for workers — social security for migrant workers — Title II of Regulation (EEC) No 1408/71 — form E 101 — Article 3 EEA) | 12 |
| 2006/C 045/9 | Judgment of the Court of 25 February 2005 in Case E-4/04 Pedicel AS and Sosial- og helsedirektoratet (Directorate for Health and Social Affairs) (Free movement of goods and services — prohibition against alcohol advertisement — trade in wine — Articles 8(3) and 18 EEA — ‘other technical barriers to trade’ — advertisement of wine — restriction — protection of public health — principle of proportionality — applicability of the precautionary principle) | 13 |
| 2006/C 045/10 | Judgment of the Court of 21 July 2005 in Joined Cases E-5/04, E-6/04 and E-7/04 Fesil and Finnfjord, PIL and others, and The Kingdom of Norway v EFTA Surveillance Authority (State aid — Exemptions from energy tax for the manufacturing and mining industries — Admissibility — Selectivity — Effect on trade and distortion of competition — Existing aid and new aid — Recovery — Legal certainty — Legitimate expectations — Proportionality) | 14 |
| 2006/C 045/11 | Judgment of the Court of 1 July 2005 in Case E-8/04 EFTA Surveillance Authority v the Principality of Liechtenstein (Right of establishment — Residence requirement for one member of management board and one member of executive management in banks) | 15 |
| 2006/C 045/12 | Judgment of the Court of 1 July 2005 in Case E-10/04 Paolo Piazza and Paul Schurte AG (Admissibility — security for costs before national courts — free movement of capital — freedom to provide services) | 16 |
| | EFTA Surveillance Authority |
| 2006/C 045/13 | Authorisation of State measure pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part I of Protocol 3 to the Surveillance and Court Agreement | 17 |
| | Standing Committee of the EFTA States |
| 2006/C 045/14 | EMAS — The Eco-Management and Audit Scheme — List of registered sites in Norway in accordance with Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 | 18 |

Notice No

Contents

page

I   Information

Commission

2006/C 045/1

Euro exchange rates

1

2006/C 045/2

Non-opposition to a notified concentration (Case COMP/M.3869 — Tessenderlo/Siemens/Advanced Power/JV) (
  1
  )

1

2

2006/C 045/3

Non-opposition to a notified concentration (Case COMP/M.4041 — Basell/Société du Craqueur de l'Aubette) (
  1
  )

1

2

2006/C 045/4

Information procedure — Technical rules (
  1
  )

1

3

2006/C 045/5

Prior notification of a concentration (Case COMP/M.4126 — LBO France/Cegelec) — Candidate case for simplified procedure (
  1
  )

1

9

EUROPEAN ECONOMIC AREA

EFTA Court

2006/C 045/6

Judgment of the Court of 23 November 2004 in Case E-1/04 Fokus Bank ASA and The Norwegian State, represented by Skattedirektoratet (the Directorate of Taxes) (Free movement of capital — taxation of dividends — tax credit granted exclusively to shareholders resident in a Contracting Party — denial of procedural rights to shareholders resident in other Contracting Parties)

(Free movement of capital — taxation of dividends — tax credit granted exclusively to shareholders resident in a Contracting Party — denial of procedural rights to shareholders resident in other Contracting Parties)

10

2006/C 045/7

Judgment of the Court of 10 December 2004 in Case E-2/04 Reidar Rasmussen, Jan Rossavik, and Johan Käldman, and Total E&P Norge AS, v/styrets formann (chairman of the board) (Transfer of undertakings — Council Directive 77/187/EEC — time of transfer — objection to transfer of employment relationship)

(Transfer of undertakings — Council Directive 77/187/EEC — time of transfer — objection to transfer of employment relationship)

11

2006/C 045/8

Judgment of the Court of 14 December 2004 in Case E-3/04 Tsomakas Athanasios and Others with Odfjell ASA as an accessory intervener and The Norwegian State, represented by Rikstrygdeverket (The National Insurance Administration) (Freedom of movement for workers — social security for migrant workers — Title II of Regulation (EEC) No 1408/71 — form E 101 — Article 3 EEA)

(Freedom of movement for workers — social security for migrant workers — Title II of Regulation (EEC) No 1408/71 — form E 101 — Article 3 EEA)

12

2006/C 045/9

Judgment of the Court of 25 February 2005 in Case E-4/04 Pedicel AS and Sosial- og helsedirektoratet (Directorate for Health and Social Affairs) (Free movement of goods and services — prohibition against alcohol advertisement — trade in wine — Articles 8(3) and 18 EEA — ‘other technical barriers to trade’ — advertisement of wine — restriction — protection of public health — principle of proportionality — applicability of the precautionary principle)

(Free movement of goods and services — prohibition against alcohol advertisement — trade in wine — Articles 8(3) and 18 EEA — ‘other technical barriers to trade’ — advertisement of wine — restriction — protection of public health — principle of proportionality — applicability of the precautionary principle)

13

2006/C 045/10

Judgment of the Court of 21 July 2005 in Joined Cases E-5/04, E-6/04 and E-7/04 Fesil and Finnfjord, PIL and others, and The Kingdom of Norway v EFTA Surveillance Authority (State aid — Exemptions from energy tax for the manufacturing and mining industries — Admissibility — Selectivity — Effect on trade and distortion of competition — Existing aid and new aid — Recovery — Legal certainty — Legitimate expectations — Proportionality)

(State aid — Exemptions from energy tax for the manufacturing and mining industries — Admissibility — Selectivity — Effect on trade and distortion of competition — Existing aid and new aid — Recovery — Legal certainty — Legitimate expectations — Proportionality)

14

2006/C 045/11

Judgment of the Court of 1 July 2005 in Case E-8/04 EFTA Surveillance Authority v the Principality of Liechtenstein (Right of establishment — Residence requirement for one member of management board and one member of executive management in banks)

(Right of establishment — Residence requirement for one member of management board and one member of executive management in banks)

15

2006/C 045/12

Judgment of the Court of 1 July 2005 in Case E-10/04 Paolo Piazza and Paul Schurte AG (Admissibility — security for costs before national courts — free movement of capital — freedom to provide services)

(Admissibility — security for costs before national courts — free movement of capital — freedom to provide services)

16

EFTA Surveillance Authority

2006/C 045/13

Authorisation of State measure pursuant to Article 61 of the EEA Agreement and Article 1(3) in Part I of Protocol 3 to the Surveillance and Court Agreement

17

Standing Committee of the EFTA States

2006/C 045/14

EMAS — The Eco-Management and Audit Scheme — List of registered sites in Norway in accordance with Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001

18

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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

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EN