do-me/EUR-LEX huggingface dataset:
Case C-135/01: Action brought on 22 March 2001 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2001-06-02
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, horticulture, plant health control, plant propagation

C 161/10

EN

Official Journal of the European Communities

2.6.2001

Action brought on 22 March 2001 by the Commission of
the European Communities against the Federal Republic
of Germany

Action brought on 22 March 2001 by the Commission of
the European Communities against the Federal Republic
of Germany

(Case C-134/01)

(Case C-135/01)

(2001/C 161/18)

(2001/C 161/19)

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 22 March 2001 by the Commission of the European
Communities, represented by Gerald Braun, of its Legal Service,
with an address for service in Luxembourg at the office of
Gérard Berscheid, Legal Adviser in the Legal Service of the
European Commission, Wagner Centre C 254, Kirchberg.

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 22 March 2001 by the Commission of the European
Communities, represented by Gerald Braun, of its Legal Service,
with an address for service in Luxembourg at the office of
Gérard Berscheid, Legal Adviser in the Legal Service of the
European Commission, Wagner Centre C 254, Kirchberg.

The applicant claims that the Court should:

The applicant claims that the Court should:

the laws,

(1) declare that, by failing within the prescribed time-limit to
regulations and administrative
adopt all
measures necessary in order to transpose into national
law the provisions of Council Directive 98/57/EC of
20 July 1998 (1) on the control of Ralstonia solanacearum
(Smith) Yabuuchi et al., the Federal Republic of Germany
has failed to fulfil its obligations under the EC Treaty and
under the said directive;

the laws,

(1) declare that, by failing within the prescribed time-limit to
regulations and administrative
adopt all
measures necessary in order to transpose into national
law the provisions of Council Directive 98/56/EC of
20 July 1998 (1) on the marketing of propagating material
of ornamental plants, the Federal Republic of Germany
has failed to fulfil its obligations under the EC Treaty and
under the said directive;

(2) order the defendant to pay the costs.

(2) order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The pleas in law and main arguments are analogous to those
in Case C-132/01 (2); the time-limit for transposition prescribed
by Article 12(1) of the directive expired on 21 August 1999.

The pleas in law and main arguments are analogous to those
in Case C-134/01 (2); the time-limit for transposition prescribed
by Article 19(1) of the directive expired on 1 July 1999.

(1) OJ L 235, 1998, p. 1.
(2) See p. 9 of the Official Journal.

(1) OJ L 226, 1998, p. 16.
(2) See p. 10 of this Official Journal.
Removal from the register of Case C-182/95
Date: 2001-06-02
Institutions: Court of Justice
Subjects: GATT, common commercial policy, interpretation of the law, tariff quota, tropical fruit

C 161/12

EN

Official Journal of the European Communities

2.6.2001

Removal from the register of Case C-237/00 (1)

Removal from the register of Case C-344/99 (1)

(2001/C 161/22)

(2001/C 161/25)

By order of 9 January 2001 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-237/00: Commission of the
European Communities v Grand Duchy of Luxembourg.

By order of 12 March 2001 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-344/99: Italian Republic v Com-
mission of the European Communities.

(1) OJ C 233 of 12.8.2000.

(1) OJ C 333 of 20.11.1999.

Removal from the register of Case C-120/00 (1)

Removal from the register of Case C-359/00 (1)

(2001/C 161/23)

(2001/C 161/26)

By order of 9 March 2001 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-120/00: Commission of the European
Communities v French Republic.

(1) OJ C 163 of 10.6.2000.

By order of 12 March 2001 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-359/00: (reference for a preliminary
ruling from the Tribunal de Commerce, Foix and l’Ariège,
France): Réunion des Assureurs Maladie v Jean-Marc Laboup.

(1) OJ C 335 of 25.11.2000.

Removal from the register of Case C-182/95 (1)

(2001/C 161/24)

Removal from the register of Case C-21/00 (1)

By order of 12 March 2001 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-182/95: (reference for a preliminary
ruling from Finanzgericht Hamburg): T. Port GmbH & Co v
Hauptzollamt Hamburg-Jonas.

(1) OJ C 208 of 12.8.1995.

(2001/C 161/27)

By order of 13 March 2001 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-21/00: (reference for a preliminary
ruling from the Giudice di pace di Massa): Hamadeh Adnan v
Sociétà Fiat Sava SpA.

(1) OJ C 79 of 18.3.2000.
Removal from the Register of Case T-150/00
Date: 2001-06-02
Institutions: Court of First Instance
Subjects: European Commission, Italy, action for annulment (EU), investment aid, producer organisation, regional aid

C 161/26

EN

Official Journal of the European Communities

2.6.2001

Removal from the Register of Case T-350/99 (1)

Removal from the Register of Case T-150/00 (1)

(2001/C 161/51)

(2001/C 161/54)

(Language of the case: English)

(Language of the case: French)

By order of 6 March 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 Case T-350/99,
Bogoljub Karic and Others v Council of the European Union.

(1) OJ C 79 of 18.3.2000.

By order of 13 March 2001, the President of the First Chamber
Extended Composition of the Court of First Instance of the
European Communities has ordered the removal from the
Register of Case T-150/00, Groupement Européen des Produc-
teurs de Verre Plat (GEPV) v Commission of the European
Communities.

(1) OJ C 247 of 26.8.2000.

Removal from the Register of Case T-29/00 (1)

Removal from the Register of Case T-168/00 (1)

(2001/C 161/52)

(2001/C 161/55)

(Language of the case: German)

(Language of the case: German)

By order of 15 February 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
Case T-29/00, Deutsche Post AG v Commission of
the
European Communities.

By order of 7 March 2001, the President of the Fourth
Chamber of the Court of First Instance of the European
Communities has ordered the removal from the Register of
Case T-168/00, Düsseldorfer Senfspezialitäten v Office for
(Trade Marks and
Harmonisation in the Internal Market
Designs).

(1) OJ C 135 of 13.5.2000.

(1) OJ C 259 of 9.9.2000.

Removal from the Register of Case T-91/00 (1)

Removal from the Register of Case T-189/00 (1)

(2001/C 161/53)

(2001/C 161/56)

(Language of the case: Italian)

(Language of the case: German)

By order of 15 February 2001, the President of the Second
Chamber of the Court of First Instance of the European
Communities has ordered the removal from the Register of
Case T-91/00, Adolfo Kind v Commission of the European
Communities.

By order of 22 February 2001, the President of the Second
Chamber of the Court of First Instance of the European
Communities has ordered the removal from the Register of
Case T-189/00,
‘Invest’ Import und Export Gmbh et Invest
Commerce SARL v Commission of the European Communi-
ties.

(1) OJ C 176 of 24.6.2000.

(1) OJ C 285 of 7.10.2000.
Removal from the register of Case C-237/00
Date: 2001-06-02
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, carriage of passengers, national implementing measure, prevention of pollution

C 161/12

EN

Official Journal of the European Communities

2.6.2001

Removal from the register of Case C-237/00 (1)

Removal from the register of Case C-344/99 (1)

(2001/C 161/22)

(2001/C 161/25)

By order of 9 January 2001 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-237/00: Commission of the
European Communities v Grand Duchy of Luxembourg.

By order of 12 March 2001 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-344/99: Italian Republic v Com-
mission of the European Communities.

(1) OJ C 233 of 12.8.2000.

(1) OJ C 333 of 20.11.1999.

Removal from the register of Case C-120/00 (1)

Removal from the register of Case C-359/00 (1)

(2001/C 161/23)

(2001/C 161/26)

By order of 9 March 2001 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-120/00: Commission of the European
Communities v French Republic.

(1) OJ C 163 of 10.6.2000.

By order of 12 March 2001 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-359/00: (reference for a preliminary
ruling from the Tribunal de Commerce, Foix and l’Ariège,
France): Réunion des Assureurs Maladie v Jean-Marc Laboup.

(1) OJ C 335 of 25.11.2000.

Removal from the register of Case C-182/95 (1)

(2001/C 161/24)

Removal from the register of Case C-21/00 (1)

By order of 12 March 2001 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-182/95: (reference for a preliminary
ruling from Finanzgericht Hamburg): T. Port GmbH & Co v
Hauptzollamt Hamburg-Jonas.

(1) OJ C 208 of 12.8.1995.

(2001/C 161/27)

By order of 13 March 2001 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-21/00: (reference for a preliminary
ruling from the Giudice di pace di Massa): Hamadeh Adnan v
Sociétà Fiat Sava SpA.

(1) OJ C 79 of 18.3.2000.
Prior notification of a concentration (Case COMP/M.2404 — Elkem/Sapa) (Text with EEA relevance)
Date: 2001-06-02
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, metallurgical industry, plastics industry, vehicle parts

2.6.2001

EN

Official Journal of the European Communities

C 160/49

Prior notification of a concentration

(Case COMP/M.2404 (cid:151) Elkem/Sapa)

(2001/C 160/20)

(Text with EEA relevance)

1.
On 21 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 Norwegian undertaking Elkem ASA acquires, within the meaning of Article 3(1)(b) of the
Regulation, control of the undertaking Sapa AB of Sweden, by of purchase of shares.

2.

The business activities of the undertakings concerned are:

(cid:151) Elkem: production and marketing of various ferro-alloys, silicon metals, microsilica, carbon, energy and

primary aluminium,

(cid:151) Sapa: aluminium extrusions and flat-rolled products, plastic components for the automotive industry.

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.2404 (cid:151) Elkem/Sapa, 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.
Non-opposition to a notified concentration (Case COMP/M.2374 — Telenor/ErgoGroup/DNB/Accenture/JV) (Text with EEA relevance)
Date: 2001-06-02
Institutions: European Commission
Subjects: Publications Office of the European Union, database, dissemination of EU information, economic concentration, merger control, restrictive-practice authorisation

2.6.2001

EN

Official Journal of the European Communities

C 160/45

Non-opposition to a notified concentration

(Case COMP/M.2398 (cid:151) Linde/Jungheinrich/JV)

(2001/C 160/13)

(Text with EEA relevance)

On 25 April 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 German 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)CDE(cid:146) version of the CELEX database, under document No 301M2398. 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.2374 (cid:151) Telenor/ErgoGroup/DNB/Accenture/JV)

(2001/C 160/14)

(Text with EEA relevance)

On 2 May 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 301M2374. 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.
Interest rate applied by the European Central Bank to its main refinancing operations: 4,55 % on 1 June 2001 — Euro exchange rates
Date: 2001-06-02
Institutions: European Commission
Subjects: EU Member State, European Central Bank, Internet, euro, exchange rate, national currency

2.6.2001

EN

Official Journal of the European Communities

C 160/1

I

(Information)

COMMISSION

Interest rate applied by the European Central Bank to its main refinancing operations (1):

4,55 % on 1 June 2001

Euro exchange rates (2)

1 June 2001

(2001/C 160/01)

1 euro

=

=

=

=

=

=

=

=

=

=

=

=

7,4564

Danish krone

9,1725

Swedish krona

0,5978

Pound sterling

0,8478

United States dollar

1,3009

Canadian dollar

100,62

Japanese yen

1,5209

Swiss franc

7,982

Norwegian krone

87,84

Icelandic kr(cid:243)na (3)

1,666

2,06

6,791

Australian dollar

New Zealand dollar

South African rand (3)

(1) Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender,

the interest rate is the marginal rate.

(2) Source: reference exchange rate published by the ECB.
(3) Source: Commission.
Case C-134/01: Action brought on 22 March 2001 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2001-06-02
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, plant disease, plant health control, protection of plant life

C 161/10

EN

Official Journal of the European Communities

2.6.2001

Action brought on 22 March 2001 by the Commission of
the European Communities against the Federal Republic
of Germany

Action brought on 22 March 2001 by the Commission of
the European Communities against the Federal Republic
of Germany

(Case C-134/01)

(Case C-135/01)

(2001/C 161/18)

(2001/C 161/19)

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 22 March 2001 by the Commission of the European
Communities, represented by Gerald Braun, of its Legal Service,
with an address for service in Luxembourg at the office of
Gérard Berscheid, Legal Adviser in the Legal Service of the
European Commission, Wagner Centre C 254, Kirchberg.

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 22 March 2001 by the Commission of the European
Communities, represented by Gerald Braun, of its Legal Service,
with an address for service in Luxembourg at the office of
Gérard Berscheid, Legal Adviser in the Legal Service of the
European Commission, Wagner Centre C 254, Kirchberg.

The applicant claims that the Court should:

The applicant claims that the Court should:

the laws,

(1) declare that, by failing within the prescribed time-limit to
regulations and administrative
adopt all
measures necessary in order to transpose into national
law the provisions of Council Directive 98/57/EC of
20 July 1998 (1) on the control of Ralstonia solanacearum
(Smith) Yabuuchi et al., the Federal Republic of Germany
has failed to fulfil its obligations under the EC Treaty and
under the said directive;

the laws,

(1) declare that, by failing within the prescribed time-limit to
regulations and administrative
adopt all
measures necessary in order to transpose into national
law the provisions of Council Directive 98/56/EC of
20 July 1998 (1) on the marketing of propagating material
of ornamental plants, the Federal Republic of Germany
has failed to fulfil its obligations under the EC Treaty and
under the said directive;

(2) order the defendant to pay the costs.

(2) order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The pleas in law and main arguments are analogous to those
in Case C-132/01 (2); the time-limit for transposition prescribed
by Article 12(1) of the directive expired on 21 August 1999.

The pleas in law and main arguments are analogous to those
in Case C-134/01 (2); the time-limit for transposition prescribed
by Article 19(1) of the directive expired on 1 July 1999.

(1) OJ L 235, 1998, p. 1.
(2) See p. 9 of the Official Journal.

(1) OJ L 226, 1998, p. 16.
(2) See p. 10 of this Official Journal.
Non-opposition to a notified concentration (Case COMP/M.2159 — Creditanstalt/Lufthansa Airplus Servicekarten/AUA Beteiligungen/Airplus) (Text with EEA relevance)
Date: 2001-06-02
Institutions: European Commission
Subjects: Publications Office of the European Union, database, dissemination of EU information, economic concentration, merger control, restrictive-practice authorisation

2.6.2001

EN

Official Journal of the European Communities

C 160/47

Non-opposition to a notified concentration

(Case COMP/M.2206 (cid:151) Ratos/Quality-Laboratories)

(2001/C 160/17)

(Text with EEA relevance)

On 7 December 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 300M2206. 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.2159 (cid:151) Creditanstalt/Lufthansa Airplus Servicekarten/AUA Beteiligungen/Airplus)

(2001/C 160/18)

(Text with EEA relevance)

On 8 December 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 German 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)CDE(cid:146) version of the CELEX database, under document No 300M2159. 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.2398 — Linde/Jungheinrich/JV) (Text with EEA relevance)
Date: 2001-06-02
Institutions: European Commission
Subjects: Publications Office of the European Union, database, dissemination of EU information, economic concentration, merger control, restrictive-practice authorisation

2.6.2001

EN

Official Journal of the European Communities

C 160/45

Non-opposition to a notified concentration

(Case COMP/M.2398 (cid:151) Linde/Jungheinrich/JV)

(2001/C 160/13)

(Text with EEA relevance)

On 25 April 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 German 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)CDE(cid:146) version of the CELEX database, under document No 301M2398. 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.2374 (cid:151) Telenor/ErgoGroup/DNB/Accenture/JV)

(2001/C 160/14)

(Text with EEA relevance)

On 2 May 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 301M2374. 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.