do-me/EUR-LEX huggingface dataset:
Case C-146/01: Action brought on 30 March 2001 by the Commission of the European Communities against the Kingdom of Belgium
Date: 2001-05-19
Institutions: Court of Justice
Subjects: European Commission, action for failure to fulfil an obligation, ionising radiation, occupational health, protective equipment, radiation protection

19.5.2001

EN

Official Journal of the European Communities

C 150/19

Action brought on 30 March 2001 by the Commission
of the European Communities against the Kingdom of
Belgium

activities in controlled areas (1), the Kingdom of Belgium
has failed to fulfil its obligations under that directive.

— Order the Kingdom of Belgium to pay the costs.

(Case C-146/01)

(2001/C 150/35)

An action against the Kingdom of Belgium was brought before
the Court of Justice of the European Communities on 30 March
2001 by the Commission of the European Communities,
represented by L. Ström, acting as Agent, assisted by H. van
der Woude, lawyer, with an address for service in Luxembourg.

The Commission of the European Communities claims that
the Court should:

— Declare that, by having failed to adopt, or to inform the
Commission of, within the prescribed period, the laws,
regulations and administrative provisions which are
necessary in order to comply with the provisions of
Article 4(2) of, Annexes I and II to and Articles 5 and 6
of Council Directive 90/641/Euratom of 4 December
1990 on the operational protection of outside workers
exposed to the risk of ionising radiation during their

Pleas in law and main arguments

A Member State’s obligation to take the measures necessary in
order to achieve the result prescribed by a directive is a
mandatory obligation. In the present case, the Commission
considers that the Kingdom of Belgium has not carried out a
complete transposition of:

— Article 4(2) and Annexes I and II, on account of the
absence of any provisions relating to the establishment
of a radiological monitoring system;

— Articles 5 and 6,

in that the provisions adopted do
not take account of outside workers employed by an
undertaking whose principal place of business is in
another Member State, where those workers already hold
a radiological monitoring document.

The period for transposition laid down by Article 8 of the
directive expired on 31 December 1993.

(1) OJ L 349 of 13.12.1990, p. 21.
Non-opposition to a notified concentration (Case COMP/M.1930 — Ahlstrom/Andritz) (Text with EEA relevance)
Date: 2001-05-19
Institutions: European Commission
Subjects: Publications Office of the European Union, database, dissemination of EU information, economic concentration, merger control, restrictive-practice authorisation

19.5.2001

EN

Official Journal of the European Communities

C 149/23

Non-opposition to a notified concentration

(Case COMP/M.1930 (cid:151) Ahlstrom/Andritz)

(2001/C 149/08)

(Text with EEA relevance)

On 30 May 2000 the Commission decided not to oppose the above notified concentration and to declare
it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation
(EEC) No 4064/89. The full text of the decision is only available in English and will be made public after it
is cleared of any business secrets it may contain. It will be available:

(cid:151) as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

(cid:151) in electronic form in the (cid:145)CEN(cid:146) version of the CELEX database, under document No 300M1930. CELEX

is the computerised documentation system of European Community law.

For more information concerning subscriptions please contact:

EUR-OP,
Information, Marketing and Public Relations,
2, rue Mercier,
L-2985 Luxembourg.
Tel. (352) 29 29 427 18, fax (352) 29 29 427 09.

Non-opposition to a notified concentration

(Case COMP/M.2312 (cid:151) Abbott/BASF)

(2001/C 149/09)

(Text with EEA relevance)

On 28 February 2001 the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council
Regulation (EEC) No 4064/89. The full text of the decision is only available in English and will be
made public after it is cleared of any business secrets it may contain. It will be available:

(cid:151) as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

(cid:151) in electronic form in the (cid:145)CEN(cid:146) version of the CELEX database, under document No 301M2312. CELEX

is the computerised documentation system of European Community law.

For more information concerning subscriptions please contact:

EUR-OP,
Information, Marketing and Public Relations,
2, rue Mercier,
L-2985 Luxembourg.
Tel. (352) 29 29 427 18, fax (352) 29 29 427 09.
Non-opposition to a notified concentration (Case COMP/M.2312 — Abbott/BASF) (Text with EEA relevance)
Date: 2001-05-19
Institutions: European Commission
Subjects: Publications Office of the European Union, database, dissemination of EU information, economic concentration, merger control, restrictive-practice authorisation

19.5.2001

EN

Official Journal of the European Communities

C 149/23

Non-opposition to a notified concentration

(Case COMP/M.1930 (cid:151) Ahlstrom/Andritz)

(2001/C 149/08)

(Text with EEA relevance)

On 30 May 2000 the Commission decided not to oppose the above notified concentration and to declare
it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation
(EEC) No 4064/89. The full text of the decision is only available in English and will be made public after it
is cleared of any business secrets it may contain. It will be available:

(cid:151) as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

(cid:151) in electronic form in the (cid:145)CEN(cid:146) version of the CELEX database, under document No 300M1930. CELEX

is the computerised documentation system of European Community law.

For more information concerning subscriptions please contact:

EUR-OP,
Information, Marketing and Public Relations,
2, rue Mercier,
L-2985 Luxembourg.
Tel. (352) 29 29 427 18, fax (352) 29 29 427 09.

Non-opposition to a notified concentration

(Case COMP/M.2312 (cid:151) Abbott/BASF)

(2001/C 149/09)

(Text with EEA relevance)

On 28 February 2001 the Commission decided not to oppose the above notified concentration and to
declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council
Regulation (EEC) No 4064/89. The full text of the decision is only available in English and will be
made public after it is cleared of any business secrets it may contain. It will be available:

(cid:151) as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

(cid:151) in electronic form in the (cid:145)CEN(cid:146) version of the CELEX database, under document No 301M2312. CELEX

is the computerised documentation system of European Community law.

For more information concerning subscriptions please contact:

EUR-OP,
Information, Marketing and Public Relations,
2, rue Mercier,
L-2985 Luxembourg.
Tel. (352) 29 29 427 18, fax (352) 29 29 427 09.
List of approved firms — First subparagraph of Article 92(3) of Commission Regulation (EC) No 1623/2000 (public sale of wine alcohol for use as bioethanol in the fuel sector within the European Community)
Date: 2001-05-19
Institutions: European Commission
Subjects: Spain, Sweden, alcohol, substitute fuel, viticulture

C 149/22

EN

Official Journal of the European Communities

19.5.2001

CONCLUSIONS

This examination has shown that reciprocal treatment within
the meaning of Article 5(1)(d) and 5(3) of the Community
trade mark Regulation can be accorded to the Cayman Islands.

treatment
This examination has also shown that reciprocal
within the meaning of Article 29(5) of the Community trade
mark Regulation cannot be accorded to the Cayman Islands.

These findings are effective as of 14 April 1998.

LIST OF APPROVED FIRMS

First subparagraph of Article 92(3) of Commission Regulation (EC) No 1623/2000

(public sale of wine alcohol for use as bioethanol
Community)

in the fuel sector within the European

(2001/C 149/07)

(This list replaces the list published in Official Journal of the European Communities C 83 of 14 March 2001,
page 15)

1. ECOCARBURANTES ESPA(cid:209)OLES SA

(cid:151) administrative address: Poligono Industrial Cabezo Cortado, Avenida del Este S/N, E-30100

Espinardo (Murcia),

(cid:151) address of plant: Valle de Escombreras, E-30350 Cartagena (Murcia)

2. SEKAB (SVENSK ETANOLKEMI AB)

(cid:151) administrative and plant address: H(cid:246)rneborgsv(cid:228)gen 11, S-891 26 (cid:214)rnsk(cid:246)ldsvik,

(cid:151) address of other plant: c/o IMA srl (Industria Meridionale Alcolici), via Isolella 1, I-91100 Trapani.
Prior notification of a concentration (Case COMP/M.2413 — BHP/Billiton) (Text with EEA relevance)
Date: 2001-05-19
Institutions: European Commission
Subjects: European Commission, application of EU law, economic concentration, exchange of information, merger control, mining industry

C 149/26

EN

Official Journal of the European Communities

19.5.2001

Prior notification of a concentration

(Case COMP/M.2413 (cid:151) BHP/Billiton)

(2001/C 149/12)

(Text with EEA relevance)

1.
On 10 May 2001 the Commission received notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2),
by which the undertaking Broken Hill Proprietary Company Ltd (BHP), Australia, entres into a full merger
within the meaning of Article 3(1)(b) of the Regulation with Billiton plc, United Kingdom, by way of
creation of a single economic unit through a dual listing companies strucutre.

2.

The business activities of the undertakings concerned are:

(cid:151) BHP: mining company active inter alia in the exploration, production and processing of a number of
metals and minerals (including copper and coal), hydrocarbon exploration and production, and steel
production,

(cid:151) Billition: mining company active inter alia in the exploration and production of a variety of metals and

minerals (including copper and coal).

On preliminary examination, the Commission finds that the notified concentration could fall within

3.
the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit

4.
proposed operation.

their possible observations on the

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference
COMP/M.2413 (cid:151) BHP/Billiton, to:

European Commission,
Directorate-General for Competition,
Directorate B (cid:151) Merger Task Force,
Rue Joseph II/Jozef II-straat 70,
B-1000 Brussels.

(1) OJ L 395, 30.12.1989, p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9.7.1997, p. 1; corrigendum: OJ L 40, 13.2.1998, p. 17.
Prior notification of a concentration (Case COMP/M.2460 — IBM/Informix) (Text with EEA relevance)
Date: 2001-05-19
Institutions: European Commission
Subjects: European Commission, database management system, economic concentration, exchange of information, information technology industry, merger control

19.5.2001

EN

Official Journal of the European Communities

C 149/27

Prior notification of a concentration

(Case COMP/M.2460 (cid:151) IBM/Informix)

(2001/C 149/13)

(Text with EEA relevance)

1.
On 14 May 2001 the Commission received notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2),
by which the undertaking International Business Machines Corporation (IBM, USA) acquires, within the
meaning of Article 3(1)(b) of the Regulation, control of the whole of Informix Software Inc. (Informix,
USA), an undertaking belonging to the Informix Corporation Group, by purchase of assets.

2.

The business activities of the undertakings concerned are:

(cid:151) IBM: development, production and marketing of information technology (IT) systems, equipment,

computer software including database management systems, and related services,

(cid:151) Informix: development, manufacture and supply of distributed database management systems (in
particular, database management systems running on the Unix and Windows NT operating systems).

On preliminary examination, the Commission finds that the notified concentration could fall within

3.
the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved.

The Commission invites interested third parties to submit

4.
proposed operation.

their possible observations on the

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference
COMP/M.2460 (cid:151) IBM/Informix, to:

European Commission,
Directorate-General for Competition,
Directorate B (cid:151) Merger Task Force,
Rue Joseph II/Jozef II-straat 70,
B-1000 Brussels.

(1) OJ L 395, 30.12.1989, p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9.7.1997, p. 1; corrigendum: OJ L 40, 13.2.1998, p. 17.
Information on the entry into force of the Road Transit Agreement between the European Community and the Republic of Hungary for the carriage of goods
Date: 2001-05-19
Institutions: Council of the European Union
Subjects: Hungary, agreement (EU), bilateral agreement, carriage of goods, combined transport, road transport, transport policy

19.5.2001

EN

Official Journal of the European Communities

L 137/27

Information on the entry into force of the Road Transit Agreement between the European
Community and the Republic of Hungary for the carriage of goods

The Road Transit Agreement between the European Community and the Republic of Hungary, which was
signed on 12 July 2000, and which the Council decided to conclude on 19 March 2001 (1), will come into
force on 1 June 2001, the procedures provided for in Article 19 of the Agreement having been completed
on 26 April 2001.

(1) OJ L 108, 18.4.2001, p. 27.
Renotification of a previously notified concentration (Case COMP/M.2300 — YLE/TDF/Digita/JV) (Text with EEA relevance)
Date: 2001-05-19
Institutions: European Commission
Subjects: France, dissemination of information, economic concentration, exchange of information, merger control, telecommunications

C 149/24

EN

Official Journal of the European Communities

19.5.2001

Renotification of a previously notified concentration

(Case COMP/M.2300 (cid:151) YLE/TDF/Digita/JV)

(2001/C 149/10)

(Text with EEA relevance)

1.
On 19 March 2001 the Commission received notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2),
by which the French undertaking TØlØdifusion de France SA (TDF) acquires, within the meaning of Article
3(1)(b) of the Regulation, joint control of the Finnish undertaking Digita Oy (Digita), by way of purchase
of shares. Digita is currently solely controlled by the Finnish company Yleisradio Oy (YLE).

2.
This notification was declared incomplete on 9 April 2001. The undertakings concerned have now
provided the further information required. The notification became complete within the meaning of Article
10(1) of Regulation (EEC) No 4064/89 on 8 May 2001. Accordingly, the notification became effective on
10 May 2001.

The Commission invites interested third parties to submit

3.
proposed operation.

their possible observations on the

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference
COMP/M.2300 (cid:151) YLE/TDF/Digita/JV, to:

European Commission,
Directorate-General for Competition,
Directorate B (cid:151) Merger Task Force,
Rue Joseph II/Jozef II-straat 70,
B-1000 Brussels.

(1) OJ L 395, 30.12.1989, p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9.7.1997, p. 1; corrigendum: OJ L 40, 13.2.1998, p. 17.
Prior notification of a concentration (Case COMP/M.2430 — Schroder Ventures/Grammer) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2001-05-19
Institutions: European Commission
Subjects: economic concentration, exchange of information, holding company, merger control, service industry, vehicle parts

C 149/28

EN

Official Journal of the European Communities

19.5.2001

Prior notification of a concentration

(Case COMP/M.2430 (cid:151) Schroder Ventures/Grammer)

Candidate case for simplified procedure

(2001/C 149/14)

(Text with EEA relevance)

On 10 May 2001 the Commission received notification of a proposed concentration pursuant to
1.
Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2),
by which the undertaking Goliath Einhundertsiebzehnte Beteiligungs- und Verwaltungsgesellschaft mbH
(Goliath 117), Germany, controlled by Schroder Ventures Limited (SVL), Guernsey, acquires, within the
meaning of Article 3(1)(b) of the Regulation, control of the whole of Grammer AG (Grammer), Germany,
by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

(cid:151) Goliath 117: holding comany,

(cid:151) SVL: management, advisory and consultancy services,

(cid:151) Grammer: driver seats, passenger seats and automotive equipment.

3.
On preliminary examination, the Commission finds that the notified concentration could fall within
the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved. Pursuant
to the Commission Notice on a simplified procedure for treatment of certain concentrations under
Regulation (EEC) No 4064/89 (3), it should be noted that this case is a candidate for treatment under
the procedure set out in the notice.

The Commission invites interested third parties to submit

4.
proposed operation.

their possible observations on the

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference
COMP/M.2430 (cid:151) Schroder Ventures/Grammer, to:

European Commission,
Directorate-General for Competition,
Directorate B (cid:151) Merger Task Force,
Rue Joseph II/Jozef II-straat 70,
B-1000 Brussels.

(1) OJ L 395, 30.12.1989, p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.
(2) OJ L 180, 9.7.1997, p. 1; corrigendum: OJ L 40, 13.2.1998, p. 17.
(3) OJ C 217, 29.7.2000, p. 32.
Removal from the Register of Cases T-63/00 and T-90/00
Date: 2001-05-19
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), allowances and expenses, national election, vote

19.5.2001

EN

Official Journal of the European Communities

C 150/35

Pleas in law and main arguments

The applicant argues first of all that, given that the first written
test entailed dealing with a subject which falls within an area
in which he has been working for a long time and in which he
is recognised as being highly qualified and competent, the
mark which he was awarded (21 out of 50, the minimum
required being 25)
is beyond comprehension, unless the
Selection Board for the competition committed a manifest
error of appraisal. He adds that, by marking his test in a
manner that is clearly incorrect, the defendant treated his test
differently as compared to the tests submitted by the other
candidates, which amounts to discrimination.

furthermore relies on infringement of

The applicant
the
obligation to provide reasons and the general principle of
transparency, in so far as the defendant did not provide him
with any adequate or useful information as regards the exact
and detailed criteria applied by the Selection Board and as
regards the actual application of the evaluation criteria in his
case.

Finally, the applicant claims that, by adopting the contested
its duty to have
decision,

failed to fulfil

the defendant

regard for the welfare of officials and the principles of good
management and sound administration which require that an
agent with a background such as his be retained in the
Commission’s employ.

Removal

from the Register of Cases T-63/00 and

T-90/00 (1)

(2001/C 150/67)

(Language of the case: French)

By order of 23 January 2001, the President of the First
Chamber of the Court of First Instance of the European
Communities has ordered the removal from the Register of
Cases T-63/00 and T-90/00, Lars Bo Rasmussen v Commission
of the European Communities.

(1) OJ C 135 of 13.5.00 and OJ C 163 of 10.6.00.
Commission Regulation (EC) No 982/2001 of 19 May 2001 applying a reduction coefficient to refund certificates for goods not covered by Annex I to the Treaty, as provided for by Article 8(5) of Regulation (EC) No 1520/2000
Date: 2001-05-19
Institutions: European Commission
Subjects: agricultural product, agro-industry, export licence, export refund, primary product

19.5.2001

EN

Official Journal of the European Communities

L 137/21

COMMISSION REGULATION (EC) No 982/2001

of 19 May 2001

applying a reduction coefficient to refund certificates for goods not covered by Annex I to the
Treaty, as provided for by Article 8(5) of Regulation (EC) No 1520/2000

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 3448/93 of 6
December 1993 laying down the trade arrangements applicable
to certain goods resulting from the processing of agricultural
products (1), as last amended by Regulation (EC) No 2580/
2000 (2),

Having regard to Commission Regulation (EC) No 1520/2000
of 13 July 2000 laying down common detailed rules for the
application of the system of granting export refunds on certain
agricultural products exported in the form of goods not
covered by Annex I to the Treaty and the criteria for fixing the
amount of such refunds (3), as amended by Regulation (EC) No
2390/2000 (4), and in particular Article 8(5),

Whereas:

(1)

The total amount of applications for refund certificates
valid from 1 June 2001 exceeds the maximum referred
to in Article 8(4) of Regulation (EC) No 1520/2000.

A reduction coefficient shall be calculated on the basis
of Article 8(3) and (4) of Regulation (EC) No 1520/
2000. Such coefficient should therefore be applied to
amounts requested in the form of refund certificates
valid from 1 June 2001 as established in Article 8(6) of
Regulation (EC) No 1520/2000,

HAS ADOPTED THIS REGULATION:

Article 1

The amounts for applications of refund certificates valid from 1
June 2001 are subject to a reduction coefficient of 0,33.

Article 2

This Regulation shall enter into force on 21 May 2001.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 May 2001.

For the Commission

Erkki LIIKANEN

Member of the Commission

(1) OJ L 318, 20.12.1993, p. 18.
(2) OJ L 298, 25.11.2000, p. 5.
(3) OJ L 177, 15.7.2000, p. 1.
(4) OJ L 276, 28.10.2000, p. 3.
Euro exchange rates
Date: 2001-05-19
Institutions: European Commission
Subjects: EU Member State, euro, exchange rate, national currency

19.5.2001

EN

Official Journal of the European Communities

C 149/5

COMMISSION

Euro exchange rates (1)

18 May 2001

(2001/C 149/02)

1 euro

=

=

=

=

=

=

=

=

=

=

=

=

7,4609

Danish krone

9,012

Swedish krona

0,6137

Pound sterling

0,8777

United States dollar

1,3486

Canadian dollar

108,35

Japanese yen

1,5341

Swiss franc

7,9605

Norwegian krone

88,35

Icelandic kr(cid:243)na (2)

1,6687

Australian dollar

2,0594

New Zealand dollar

6,9661

South African rand (2)

(1) Source: reference exchange rate published by the ECB.
(2) Source: Commission.