do-me/EUR-LEX huggingface dataset:
Removal from the Register of Case T-313/00
Date: 2001-12-22
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), administrator, equal treatment, regulations for civil servants, staff assessment

22.12.2001

EN

Official Journal of the European Communities

C 369/15

The applicant claims that the Court should:

Pleas in law and main arguments

— annul the decision adopted by the appointing authority
on 25 June 2001 and notified to the applicant on 3 July
2001 rejecting the complaint lodged by the applicant on
the disciplinary decision of
19 March 2001 against
19 December 2000 imposing on the applicant
the
disciplinary measure of relegation by two steps, pursuant
to Article 86(2)(D) of the Staff Regulations;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his application, the applicant claims infringement
of Article 21 of the Staff Regulations and manifest error
of assessment. According to the applicant, the documents
attributed to him in the context of the award of a contract for
the security of Commission buildings were issued by a
hierarchical superior who was perfectly well aware of the
situation. Accordingly, those documents cannot be attributed
to the applicant.

Action brought on 19 October 2001 by Léon Rappe
against Commission of the European Communities

(Case T-264/01)

(2001/C 369/25)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 19 October 2001 by Léon Rappe,
residing in Orp-Jauche (Belgium), represented by Jean-Noël
Louis and Véronique Peere, lawyers.

The applicant claims that the Court should:

— annul

the decision of

the appointing authority of
18 December 2000 not to promote the applicant to
Grade A in the 1998 promotions procedure;

The applicant contests the decision adopted in compliance
with the judgment of the Court of First Instance in Case
T-202/99 annulling the decision of the Commission not to
promote the applicant in the 1998 promotions procedure.

In support of his application, the applicant pleads infringement
of Article 45 of the Staff Regulations and breach of the
principle of equal treatment, as well as manifest error of
assessment and breach of the principle of legitimate expec-
tations.

Removal from the Register of Case T-313/00 (1)

(2001/C 369/26)

(Language of the case: French)

By order of 13 June 2001, the Court of First Instance of
the European Communities (Single Judge: M. Forwood), has
ordered the removal from the Register of Case T-313/00,
Sjoerd Feenstra v Commission of the European Communities.

(1) OJ C 355 of 9.12.00.

Removal from the Register of Case T-90/01 (1)

(2001/C 369/27)

(Language of the case: German)

By order of 6 July 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-90/01,
Christine Janush v European Central Bank.

— order the defendant to pay the costs.

(1) OJ C 227 of 11.8.01.
Case T-219/01: Action brought on 24 September 2001 by the Commerzbank AG against the Commission of the European Communities
Date: 2001-12-22
Institutions: Court of First Instance
Subjects: European Commission, Germany, access to information, action for annulment (EU), bank

22.12.2001

EN

Official Journal of the European Communities

C 369/13

ORDER OF THE PRESIDENT OF THE COURT OF FIRST
INSTANCE

Pleas in law and main arguments

of 9 August 2001

in Case T-120/01 R: Carlo De Nicola v European Invest-
ment Bank

(Procedure for interim relief — Suspension from duties —
Fumus boni juris — Urgency — None)

The pleas in law and main arguments are the same as those
in Case T-216/01 (ReiseBank AG v Commission, not yet
published).

(2001/C 369/20)

(Language of the case: Italian)

Action brought on 18 September 2001 by Alcon Univer-
sal Ltd against the Office for Harmonisation in the Internal
Market

In Case T-120/01 R: Carlo De Nicola, residing in Rome,
represented by L. Isola, avocat, against European Investment
Bank (Agents: C. Go´ mez de la Cruz and C. Camilli) —
application for suspension of the operation of a number of
measures adopted by the EIB concerning the applicant — the
President of the Court of First Instance has made an order on
9 August 2001, in which he:

1. Dismissed the application for interim relief;

2. Ordered that the costs be reserved.

Action brought on 24 September 2001 by the Commerz-
bank AG against the Commission of the European Com-
munities

(Case T-219/01)

(2001/C 369/21)

(Language of the case: German)

(Case T-237/01)

(2001/C 369/22)

(Language of the case: English)

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 18 September 2001 by Alcon
Universal Ltd, represented by Hamish Porter of Theodore
Goddard, London (United Kingdom).

A further party to the proceedings before the Board of Appeal
was Dr. Robert Winzer Pharma GmbH.

The applicant claims that the Court should:

— .annul the decision of 18 July 2001 of the Board of
Appeal in case R0273/2000-1 and require the Office to
refuse the cancellation of the Community trade mark.

— order the Office to pay the costs.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 24 September 2001 by Commerz-
bank AG, Frankfurt am Main (Germany), represented by
H. Satzky and B. Maassen, Rechtsanwälte.

Pleas in law and main arguments

Proprietor of the Com-
munity trade mark:

Alcon Universal Ltd.

The applicant claims that the Court should:

— annul the Commission Decision of 17 August 2001 in
Case COMP/E-1/37.919 addressed to the applicant relat-
ing to the refusal of a supplementary request to see
documents;

— order the Commission to pay the costs.

The Community trade
mark concerned:

word mark ‘BSS’ for certain goods
in class 5 (registration no 90134)

Applicant for the declar-
ation for invalidity:

Dr Robert Winzer Pharma GmbH.

Decision of the Cancel-
lation Division:

Invalidity of the Community trade
mark
Non-opposition to a notified concentration (Case COMP/M.2507 — Xchange/BAE Systems/Procur) (Text with EEA relevance)
Date: 2001-12-22
Institutions: European Commission
Subjects: Publications Office of the European Union, database, dissemination of EU information, economic concentration, merger control, restrictive-practice authorisation

C 368/12

EN

Official Journal of the European Communities

22.12.2001

Non-opposition to a notified concentration

(Case COMP/M.2507 (cid:151) Xchange/BAE Systems/Procur)

(2001/C 368/05)

(Text with EEA relevance)

On 15 october 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 301M2507. 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.2577 (cid:151) GE Capital/Heller Financial)

(2001/C 368/06)

(Text with EEA relevance)

On 23 October 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 301M2577. 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.
Removal from the Register of Case T-90/01
Date: 2001-12-22
Institutions: Court of First Instance
Subjects: European Central Bank, European official, action for annulment (EU), assistant, staff assessment

22.12.2001

EN

Official Journal of the European Communities

C 369/15

The applicant claims that the Court should:

Pleas in law and main arguments

— annul the decision adopted by the appointing authority
on 25 June 2001 and notified to the applicant on 3 July
2001 rejecting the complaint lodged by the applicant on
the disciplinary decision of
19 March 2001 against
19 December 2000 imposing on the applicant
the
disciplinary measure of relegation by two steps, pursuant
to Article 86(2)(D) of the Staff Regulations;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his application, the applicant claims infringement
of Article 21 of the Staff Regulations and manifest error
of assessment. According to the applicant, the documents
attributed to him in the context of the award of a contract for
the security of Commission buildings were issued by a
hierarchical superior who was perfectly well aware of the
situation. Accordingly, those documents cannot be attributed
to the applicant.

Action brought on 19 October 2001 by Léon Rappe
against Commission of the European Communities

(Case T-264/01)

(2001/C 369/25)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 19 October 2001 by Léon Rappe,
residing in Orp-Jauche (Belgium), represented by Jean-Noël
Louis and Véronique Peere, lawyers.

The applicant claims that the Court should:

— annul

the decision of

the appointing authority of
18 December 2000 not to promote the applicant to
Grade A in the 1998 promotions procedure;

The applicant contests the decision adopted in compliance
with the judgment of the Court of First Instance in Case
T-202/99 annulling the decision of the Commission not to
promote the applicant in the 1998 promotions procedure.

In support of his application, the applicant pleads infringement
of Article 45 of the Staff Regulations and breach of the
principle of equal treatment, as well as manifest error of
assessment and breach of the principle of legitimate expec-
tations.

Removal from the Register of Case T-313/00 (1)

(2001/C 369/26)

(Language of the case: French)

By order of 13 June 2001, the Court of First Instance of
the European Communities (Single Judge: M. Forwood), has
ordered the removal from the Register of Case T-313/00,
Sjoerd Feenstra v Commission of the European Communities.

(1) OJ C 355 of 9.12.00.

Removal from the Register of Case T-90/01 (1)

(2001/C 369/27)

(Language of the case: German)

By order of 6 July 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-90/01,
Christine Janush v European Central Bank.

— order the defendant to pay the costs.

(1) OJ C 227 of 11.8.01.
Non-opposition to a notified concentration (Case COMP/M.2577 — GE Capital/Heller Financial) (Text with EEA relevance)
Date: 2001-12-22
Institutions: European Commission
Subjects: Publications Office of the European Union, database, dissemination of EU information, economic concentration, merger control, restrictive-practice authorisation

C 368/12

EN

Official Journal of the European Communities

22.12.2001

Non-opposition to a notified concentration

(Case COMP/M.2507 (cid:151) Xchange/BAE Systems/Procur)

(2001/C 368/05)

(Text with EEA relevance)

On 15 october 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 301M2507. 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.2577 (cid:151) GE Capital/Heller Financial)

(2001/C 368/06)

(Text with EEA relevance)

On 23 October 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 301M2577. 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.
Euro exchange rates
Date: 2001-12-22
Institutions: European Commission
Subjects: EU Member State, euro, exchange rate, national currency

22.12.2001

EN

Official Journal of the European Communities

C 368/1

I

(Information)

COMMISSION

Euro exchange rates (1)

21 December 2001

(2001/C 368/01)

1 euro

=

=

=

=

=

=

=

=

=

=

=

=

7,4404

Danish krone

9,5065

Swedish krona

0,6176

Pound sterling

0,8943

United States dollar

1,4145

Canadian dollar

115,88

Japanese yen

1,4642

Swiss franc

7,987

Norwegian krone

90,88

Icelandic kr(cid:243)na (2)

1,7649

Australian dollar

2,1621

New Zealand dollar

11,134

South African rand (2)

(1) Source: reference exchange rate published by the ECB.
(2) Source: Commission.
Case T-264/01: Action brought on 19 October 2001 by Léon Rappe against Commission of the European Communities
Date: 2001-12-22
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), power to appoint, promotion

22.12.2001

EN

Official Journal of the European Communities

C 369/15

The applicant claims that the Court should:

Pleas in law and main arguments

— annul the decision adopted by the appointing authority
on 25 June 2001 and notified to the applicant on 3 July
2001 rejecting the complaint lodged by the applicant on
the disciplinary decision of
19 March 2001 against
19 December 2000 imposing on the applicant
the
disciplinary measure of relegation by two steps, pursuant
to Article 86(2)(D) of the Staff Regulations;

— order the defendant to pay the costs.

Pleas in law and main arguments

In support of his application, the applicant claims infringement
of Article 21 of the Staff Regulations and manifest error
of assessment. According to the applicant, the documents
attributed to him in the context of the award of a contract for
the security of Commission buildings were issued by a
hierarchical superior who was perfectly well aware of the
situation. Accordingly, those documents cannot be attributed
to the applicant.

Action brought on 19 October 2001 by Léon Rappe
against Commission of the European Communities

(Case T-264/01)

(2001/C 369/25)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 19 October 2001 by Léon Rappe,
residing in Orp-Jauche (Belgium), represented by Jean-Noël
Louis and Véronique Peere, lawyers.

The applicant claims that the Court should:

— annul

the decision of

the appointing authority of
18 December 2000 not to promote the applicant to
Grade A in the 1998 promotions procedure;

The applicant contests the decision adopted in compliance
with the judgment of the Court of First Instance in Case
T-202/99 annulling the decision of the Commission not to
promote the applicant in the 1998 promotions procedure.

In support of his application, the applicant pleads infringement
of Article 45 of the Staff Regulations and breach of the
principle of equal treatment, as well as manifest error of
assessment and breach of the principle of legitimate expec-
tations.

Removal from the Register of Case T-313/00 (1)

(2001/C 369/26)

(Language of the case: French)

By order of 13 June 2001, the Court of First Instance of
the European Communities (Single Judge: M. Forwood), has
ordered the removal from the Register of Case T-313/00,
Sjoerd Feenstra v Commission of the European Communities.

(1) OJ C 355 of 9.12.00.

Removal from the Register of Case T-90/01 (1)

(2001/C 369/27)

(Language of the case: German)

By order of 6 July 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-90/01,
Christine Janush v European Central Bank.

— order the defendant to pay the costs.

(1) OJ C 227 of 11.8.01.
Prior notification of a concentration (Case COMP/M.2668 — Endesa Energía/Spinveste/Ecocicloendesa Energía) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2001-12-22
Institutions: European Commission
Subjects: European Commission, economic concentration, electrical industry, exchange of information, merger control, provision of services

22.12.2001

EN

Official Journal of the European Communities

C 368/11

Prior notification of a concentration

(Case COMP/M.2668 (cid:151) Endesa Energ(cid:237)a/Spinveste/Ecocicloendesa Energ(cid:237)a)

Candidate case for simplified procedure

(2001/C 368/04)

(Text with EEA relevance)

On 13 December 2001 the Commission received notification of a proposed concentration pursuant
1.
to Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No
1310/97 (2), by which the Spanish undertakings Endesa Energ(cid:237)a SA (Endesa Energ(cid:237)a) controlled by the
Spanish undertaking Endesa SA and the Portuguese undertaking Spinveste SGPS, SA (Spinveste SGPS, SA
(Spinveste), belonging to the Portuguese group SONAE SGPS, SA acquire within the meaning of Article
3(1)b of that Regulation joint control of the undertaking Ecocicloendesa Energ(cid:237)a SA (Ecocicloendesa) by
way of purchase of shares in a newly created company constituting a joint venture.

2.

The business activities of the undertakings concerned are:

(cid:151) Endesa Energ(cid:237)a: trade and supply of electricity to eligible customers,

(cid:151) Spinveste: company belonging to SONAE SGPS, SA which is a Portuguese group holding equities in the
wood and derivatives sector, retail of food, construction and operation of shopping centres, telecom-
munications, media, tourism, transport, energy and other activities,

(cid:151) Ecocicloendesa: trade and supply of electricity to eligible customers and value-added services linked to

this activity.

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. Pursuant
to the Commission notice on a simplified procedure for treatment of certain concentrations under Regu-
lation (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.2668 (cid:151) Endesa Energ(cid:237)a/Spinveste/Ecocicloendesa Energ(cid:237)a, to the following address:

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.