do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.2759 — Industri Kapital/Gardena) (Text with EEA relevance)
Date: 2002-05-04
Institutions: European Commission
Subjects: Publications Office of the European Union, database, dissemination of EU information, economic concentration, merger control, restrictive-practice authorisation

4.5.2002

EN

Official Journal of the European Communities

C 108/9

Non-opposition to a notified concentration

(Case COMP/M.2789 — RWE Power/Lucchini/Elettra GLL JV)

(2002/C 108/10)

(Text with EEA relevance)

On 26 April 2002 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:

— as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

— in electronic form in the ‘CEN’ version of the CELEX database, under document No 302M2789. 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.2759 — Industri Kapital/Gardena)

(2002/C 108/11)

(Text with EEA relevance)

On 26 April 2002 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:

— as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

— in electronic form in the ‘CEN’ version of the CELEX database, under document No 302M2759. 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 C-382/01
Date: 2002-05-04
Institutions: Court of Justice
Subjects: EU control, European Commission, United Kingdom, action for failure to fulfil an obligation, financial solvency, insurance company

4.5.2002

EN

Official Journal of the European Communities

C 109/41

Removal from the register of Case C-115/01 (1)

ruling by the Employment Tribunal, Leeds (United Kingdom)):
P. Breckon and M. Barrett v Secretary of State for Employment.

(2002/C 109/78)

(1) OJ C 173 of 16.6.2001.

By order of 17 January 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-115/01: Commission of the
European Communities v United Kingdom of Great Britain
and Northern Ireland.

(1) OJ C 150 of 19.5.2001.

Removal from the register of Case C-127/01 (1)

(2002/C 109/79)

By order of 30 January 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-127/01: Commission of the
European Communities v Hellenic Republic.

Removal from the register of Case C-183/01 (1)

(2002/C 109/81)

By order of 8 January 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-183/01: Commission of the
European Communities v Hellenic Republic.

(1) OJ C 200 of 14.7.2001.

(1) OJ C 150 of 19.5.2001.

Removal from the register of Case C-382/01 (1)

(2002/C 109/82)

Removal from the register of Case C-137/01 (1)

(2002/C 109/80)

By order of 16 January 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-137/01 (Reference for a preliminary

By order of 6 February 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-382/01: Commission of the
European Communities v United Kingdom of Great Britain
and Northern Ireland.

(1) OJ C 331 of 24.11.2001.
Case T-76/02: Action brought on 18 March 2002 by Mara Messina against the Commission of the European Communities
Date: 2002-05-04
Institutions: Court of First Instance
Subjects: European Commission, State aid, access to EU information, action for annulment (EU), control of State aid, provision of documents

C 109/68

EN

Official Journal of the European Communities

4.5.2002

ments of public education. Such one-sided funding
distorts competition and affects trade between the Mem-
ber States.

— Infringement of the principle of equality under Article 12
EC: exclusive funding of public bodies dispensing occu-
pational and technical education introduces unlawful
discrimination against the private bodies dispensing occu-
pational training, inasmuch as that discrimination is not
necessitated by any overriding public interest.

— Infringement of the principle of subsidiarity.

Action brought on 18 March 2002 by Mara Messina
against the Commission of the European Communities

(Case T-76/02)

(2002/C 109/127)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 18 March 2002 by Mara Messina,
represented by Michele Arcangelo Calabrese.

The applicant claims that the Court should:

December

— annul the Commission’s first refusal of access to docu-
ments communicated to the applicant by letter of
19
D/55293
2001,
COMP/G1/PI/cpbD(01)1704 and the second refusal of
access pursuant upon the absence of any reply to the
applicant’s confirmatory application sent to the Secretary-
General of the Commission by letter of 14 January 2002;

prot.

— order the Commission of the European Communities to

pay the costs of these proceedings.

Pleas in law and main arguments

In this action, the applicant challenges the defendant’s refusal
to grant access to certain documents relating to the State aid
regime which was the subject of the Commission’s decision of
2 August 2000 concerning measures to promote investment
in less-favoured regions of
Italy referred to in Law
No 488/1992 (State Aid no N 715/99).

— In support of that claim, the applicant argues infringe-
ment of Article 4(2) of Regulation (EC) No 1049/2001 of
the European Parliament and of the Council of 30 May
2001 regarding public access to European Parliament,
Council and Commission documents in that:

— no reply was given within the prescribed time-limit to the
confirmatory application concerning the application for
access;

— disclosure of the documents requested would in no way
harm the public interest in protecting inspections and
investigations or court proceedings.
Removal from the register of Case C-85/01
Date: 2002-05-04
Institutions: Court of Justice
Subjects: European Commission, European standard, United Kingdom, action for failure to fulfil an obligation, bathing water, water pollution

C 109/40

EN

Official Journal of the European Communities

4.5.2002

Removal from the register of Case C-234/00 (1)

Removal from the register of Case C-31/01 (1)

(2002/C 109/72)

(2002/C 109/75)

By order of 22 January 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-234/00 (Reference for a preliminary
ruling by the High Court of Justice (England & Wales), Queen’s
Bench Division (Crown Office)): The Queen v Minister of
Agriculture, Fisheries and Food, ex parte: F. Machin & Sons
Ltd.

By order of 15 January 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-31/01: Commission of
the
European Communities v United Kingdom of Great Britain
and Northern Ireland.

(1) OJ C 79 of 10.3.2001.

(1) OJ C 247 of 26.8.2000.

Removal from the register of Case C-239/00 P (1)

(2002/C 109/73)

Removal from the register of Case C-41/01 (1)

(2002/C 109/76)

By order of 7 February 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-239/00 P: Aldo Kuijer v Council of
the European Union.

By order of 23 November 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-41/01: Commission of
the
European Communities v Federal Republic of Germany.

(1) OJ C 247 of 26.8.2000.

(1) OJ C 79 of 10.3.2001.

Removal from the register of Case C-449/00 (1)

(2002/C 109/74)

Removal from the register of Case C-85/01 (1)

(2002/C 109/77)

By order of 7 December 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-449/00: Commission of the
European Communities v French Republic.

By order of 5 February 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-85/01: Commission of
the
European Communities v United Kingdom of Great Britain
and Northern Ireland.

(1) OJ C 45 of 10.2.2001.

(1) OJ C 134 of 5.5.2001.
Removal from the register of Case C-105/98 P
Date: 2002-05-04
Institutions: Court of Justice
Subjects: General Court (EU), action for annulment (EU), agricultural holding, dairy production, indemnification, sale

4.5.2002

EN

Official Journal of the European Communities

C 109/39

Removal from the register of Case C-105/98 P (1)

Removal from the register of Case C-295/99 (1)

(2002/C 109/66)

(2002/C 109/69)

By order of 27 November 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-105/98 P: Günther Bühring v
Council of the European Union and Commission of the
European Communities

By order of 12 October 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-295/99: Kingdom of Belgium v
Commission of the European Communities.

(1) OJ C 209 of 4.7.1998.

(1) OJ C 299 of 16.10.1999.

Removal from the register of Case C-24/99 (1)

(2002/C 109/67)

Removal from the register of Case C-461/99 (1)

(2002/C 109/70)

By order of 18 February 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-24/99: Commission of
the
European Communities v Federal Republic of Germany.

By order of 1 February 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-461/99: Commission of the
European Communities v Ireland.

(1) OJ C 86 of 27.3.1999.

(1) OJ C 47 of 19.2.2000.

Removal from the register of Case C-140/99 (1)

(2002/C 109/68)

Removal from the register of Case C-77/00 (1)

(2002/C 109/71)

By order of 6 December 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-140/99: Commission of the
European Communities v French Republic.

By order of 6 December 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-77/00 (Referral for a preliminary
ruling by the Arbeitsgericht Wiesbaden (Germany)): Urlaubs
— und Lohnausgleichskasse der Bauwirtschaft v Viscondense
Construçoes, Lda.

(1) OJ C 174 of 19.6.1999.

(1) OJ C 135 of 13.5.2000.
Removal from the register of Case C-449/00
Date: 2002-05-04
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, cross-frontier data flow, fundamental rights, personal data, protection of privacy

C 109/40

EN

Official Journal of the European Communities

4.5.2002

Removal from the register of Case C-234/00 (1)

Removal from the register of Case C-31/01 (1)

(2002/C 109/72)

(2002/C 109/75)

By order of 22 January 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-234/00 (Reference for a preliminary
ruling by the High Court of Justice (England & Wales), Queen’s
Bench Division (Crown Office)): The Queen v Minister of
Agriculture, Fisheries and Food, ex parte: F. Machin & Sons
Ltd.

By order of 15 January 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-31/01: Commission of
the
European Communities v United Kingdom of Great Britain
and Northern Ireland.

(1) OJ C 79 of 10.3.2001.

(1) OJ C 247 of 26.8.2000.

Removal from the register of Case C-239/00 P (1)

(2002/C 109/73)

Removal from the register of Case C-41/01 (1)

(2002/C 109/76)

By order of 7 February 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-239/00 P: Aldo Kuijer v Council of
the European Union.

By order of 23 November 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-41/01: Commission of
the
European Communities v Federal Republic of Germany.

(1) OJ C 247 of 26.8.2000.

(1) OJ C 79 of 10.3.2001.

Removal from the register of Case C-449/00 (1)

(2002/C 109/74)

Removal from the register of Case C-85/01 (1)

(2002/C 109/77)

By order of 7 December 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-449/00: Commission of the
European Communities v French Republic.

By order of 5 February 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-85/01: Commission of
the
European Communities v United Kingdom of Great Britain
and Northern Ireland.

(1) OJ C 45 of 10.2.2001.

(1) OJ C 134 of 5.5.2001.
Removal from the register of Case C-77/00
Date: 2002-05-04
Institutions: Court of Justice
Subjects: Germany, bonus payment, collective agreement, interpretation of the law, paid leave, transnational corporation

4.5.2002

EN

Official Journal of the European Communities

C 109/39

Removal from the register of Case C-105/98 P (1)

Removal from the register of Case C-295/99 (1)

(2002/C 109/66)

(2002/C 109/69)

By order of 27 November 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-105/98 P: Günther Bühring v
Council of the European Union and Commission of the
European Communities

By order of 12 October 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-295/99: Kingdom of Belgium v
Commission of the European Communities.

(1) OJ C 209 of 4.7.1998.

(1) OJ C 299 of 16.10.1999.

Removal from the register of Case C-24/99 (1)

(2002/C 109/67)

Removal from the register of Case C-461/99 (1)

(2002/C 109/70)

By order of 18 February 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-24/99: Commission of
the
European Communities v Federal Republic of Germany.

By order of 1 February 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-461/99: Commission of the
European Communities v Ireland.

(1) OJ C 86 of 27.3.1999.

(1) OJ C 47 of 19.2.2000.

Removal from the register of Case C-140/99 (1)

(2002/C 109/68)

Removal from the register of Case C-77/00 (1)

(2002/C 109/71)

By order of 6 December 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-140/99: Commission of the
European Communities v French Republic.

By order of 6 December 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-77/00 (Referral for a preliminary
ruling by the Arbeitsgericht Wiesbaden (Germany)): Urlaubs
— und Lohnausgleichskasse der Bauwirtschaft v Viscondense
Construçoes, Lda.

(1) OJ C 174 of 19.6.1999.

(1) OJ C 135 of 13.5.2000.
Removal from the register of Case C-24/99
Date: 2002-05-04
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, environmental protection, project evaluation

4.5.2002

EN

Official Journal of the European Communities

C 109/39

Removal from the register of Case C-105/98 P (1)

Removal from the register of Case C-295/99 (1)

(2002/C 109/66)

(2002/C 109/69)

By order of 27 November 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-105/98 P: Günther Bühring v
Council of the European Union and Commission of the
European Communities

By order of 12 October 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-295/99: Kingdom of Belgium v
Commission of the European Communities.

(1) OJ C 209 of 4.7.1998.

(1) OJ C 299 of 16.10.1999.

Removal from the register of Case C-24/99 (1)

(2002/C 109/67)

Removal from the register of Case C-461/99 (1)

(2002/C 109/70)

By order of 18 February 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-24/99: Commission of
the
European Communities v Federal Republic of Germany.

By order of 1 February 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-461/99: Commission of the
European Communities v Ireland.

(1) OJ C 86 of 27.3.1999.

(1) OJ C 47 of 19.2.2000.

Removal from the register of Case C-140/99 (1)

(2002/C 109/68)

Removal from the register of Case C-77/00 (1)

(2002/C 109/71)

By order of 6 December 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-140/99: Commission of the
European Communities v French Republic.

By order of 6 December 2001 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-77/00 (Referral for a preliminary
ruling by the Arbeitsgericht Wiesbaden (Germany)): Urlaubs
— und Lohnausgleichskasse der Bauwirtschaft v Viscondense
Construçoes, Lda.

(1) OJ C 174 of 19.6.1999.

(1) OJ C 135 of 13.5.2000.
Non-opposition to a notified concentration (Case COMP/M.2784 — Jabil/Alcatel) (Text with EEA relevance)
Date: 2002-05-04
Institutions: European Commission
Subjects: Publications Office of the European Union, database, dissemination of EU information, economic concentration, merger control, restrictive-practice authorisation

C 108/8

EN

Official Journal of the European Communities

4.5.2002

Non-opposition to a notified concentration

(Case COMP/M.2770 — First Aqua Holding Ltd/Southern Water plc)

(2002/C 108/08)

(Text with EEA relevance)

On 23 April 2002 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:

— as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

— in electronic form in the ‘CEN’ version of the CELEX database, under document No 302M2770. 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.2784 — Jabil/Alcatel)

(2002/C 108/09)

(Text with EEA relevance)

On 24 April 2002 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:

— as a paper version through the sales offices of the Office for Official Publications of the European

Communities (see list on the last page),

— in electronic form in the ‘CEN’ version of the CELEX database, under document No 302M2784. 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.
Case T-42/02: Action brought on 21 February 2002 by Banca Monte dei Paschi di Siena Spa against the Commission of the European Communities
Date: 2002-05-04
Institutions: Court of First Instance
Subjects: European Commission, Italy, State aid, action for annulment (EU), bank, control of State aid, sanction (EU)

C 109/60

EN

Official Journal of the European Communities

4.5.2002

— order the defendant to pay the costs of these proceedings

and all other consequential expenses.

interest is to be paid, at least that interest which accrued
prior to the demand for reimbursement, and in any event
the interest prescribed.

Pleas in law and main arguments

— In any event:

The pleas in law and main arguments are the same as those
put forward in Case T-36/02 ABI v Commission.

make all further consequential orders or such further
orders as it shall consider appropriate or legally necessary.

Action brought on 21 February 2002 by Banca Monte dei
Paschi di Siena Spa against the Commission of the
European Communities

(Case T-42/02)

(2002/C 109/115)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 21 February 2002 by Banca Monte
dei Paschi di Siena Spa, represented by Cristoforo Osti,
Giuseppe Pizzonia, Alessandra Prastaro and Marcello Valenti,
lawyers.

The applicant claims that the Court should:

— Primarily:

— (1)

annul the decision of the Commission of the Euro-
pean Communities of 11 December 2001;

(2) order the Commission to pay the costs.

— Alternatively:

(1)

(2)

annul Article 1 of the contested decision, inasmuch
as it holds Article 24(1) of the ‘Legge Ciampi’ to be
incompatible with the common market;

annul Article 4 of the contested decision, ordering
the recovery of the aid granted together with interest
from the date on which the aid became available;

— In the further alternative:

Pleas in law and main arguments

The pleas in law and main arguments are the same as those
put forward in Case T-36/02 ABI v Commission.

Action brought on 26 February 2002 by Dresdner Bank
AG against the Commission of the European Communi-
ties

(Case T-44/02)

(2002/C 109/116)

(Language of the case: German)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 26 February 2002 by Dresdner
Bank AG, of Frankfurt am Main (Germany), represented by
M. Hirsch and W. Bosch, lawyers.

The applicant claims that the Court should:

— annul

the decision of 11 December 2001 in Case
COMP/E-1/37.919 — Bank charges
currency
exchange within the Euro zone: Germany (Dresdner Bank
AG) pursuant to the first paragraph of Article 231 EC,
alternatively cancel the fine imposed on Dresdner Bank
AG by Article 3 of that decision;

for

annul the contested decision in so far as it provides that,
in addition to the amount of the aid to be recovered,

— order the Commission to pay the costs of Dresdner Bank
AG pursuant to Article 87(2) of the Rules of Procedure
of the Court of First Instance.