do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.2816 — Ernst & Young France/Andersen France) (Text with EEA relevance)
Date: 2002-09-28
Institutions: European Commission
Subjects: accounting, economic concentration, management, merger control, restrictive-practice authorisation

C 232/6

EN

Official Journal of the European Communities

28.9.2002

Non-opposition to a notified concentration

(Case COMP/M.2816 — Ernst & Young France/Andersen France)

(2002/C 232/04)

(Text with EEA relevance)

On 5 September 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 302M2816. 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.2927 — Macquarie Airports Luxembourg/Aeroporti di Roma)

(2002/C 232/05)

(Text with EEA relevance)

On 20 September 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 302M2927. 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-352/00
Date: 2002-09-28
Institutions: Court of Justice
Subjects: Italy, action for annulment (EU), fixing of prices, intervention price, white sugar

C 233/20

EN

Official Journal of the European Communities

28.9.2002

Removal from the register of Case C-289/00 (1)

Removal from the register of Case C-210/01 (1)

(2002/C 233/32)

(2002/C 233/35)

By order of 3 July 2002 the President of the Court of Justice of
the European Communities ordered the removal from the
register of Case C-289/00 (Reference for a preliminary ruling
by the Corte d’appello di Genova): Fincantieri — Cantieri
Navali Italiani SpA and Finmeccanica SpA v Federico Bianchi
and Others.

By order of 15 July 2002 the President of the First Chamber of
the Court of Justice of the European Communities ordered the
removal from the register of Case C-210/01: Commission of
the European Communities v Italian Republic.

(1) OJ C 212 of 28.7.2001.

( 1) OJ C 285 of 7.10.2000.

Removal from the register of Case C-352/00 (1)

(2002/C 233/33)

Removal from the register of Case C-458/01 (1)

(2002/C 233/36)

By order of 2 July 2002 the President of the Court of Justice of
the European Communities ordered the removal from the
register of Case C-352/00: Italian Republic v Council of the
European Union.

By order of 19 June 2002 the President of the Court of Justice
of the European Communities ordered the removal from the
register of Case C-458/01: Commission of the European
Communities v Italian Republic.

( 1) OJ C 355 of 9.12.2000.

(1) OJ C 84 of 6.4.2002.

Removal from the register of Case C-86/01 (1)

Removal from the register of Case C-50/02 (1)

(2002/C 233/34)

(2002/C 233/37)

By order of 2 July 2002 the President of the Court of Justice of
the European Communities ordered the removal from the
register of Case C-86/01: Commission of the European Com-
munities v Republic of Austria.

By order of 11 July 2002 the President of the Court of Justice
of the European Communities ordered the removal
from
the register of Case C-50/02: Commission of the European
Communities v Italian Republic.

( 1) OJ C 118 of 21.4.2001.

(1) OJ C 84 of 6.4.2002.
Order of the Court (Sixth Chamber) of 2 May 2002 in Case C-129/01 (reference for a preliminary ruling from the Tribunale di Bologna): Condominio Facchini Orsini v Kone Ascensori SpA (Preliminary ruling — Inadmissibility)
Date: 2002-09-28
Institutions: Court of Justice
Subjects: consumer protection, contract, interpretation of the law, joint ownership, unfair terms of contract

28.9.2002

EN

Official Journal of the European Communities

C 233/11

2. Orders the Hellenic Republic to pay the costs.

ORDER OF THE COURT

( 1) OJ C 212 of 28.7.2001.

ORDER OF THE COURT

(Sixth Chamber)

of 2 May 2002

(Second Chamber)

of 18 July 2002

in Case C-136/01 P: Autosalone Ispra dei Fratelli Rossi
Snc v European Atomic Energy Community (1)

(Appeal — Claim for compensation — Non-contractual
liability — Flooding — Blocked drain — Limitation period
— No interruption of limitation period)

in Case C-129/01 (reference for a preliminary ruling from
the Tribunale di Bologna): Condominio Facchini Orsini v
Kone Ascensori SpA (1)

(2002/C 233/17)

(Language of the case: Italian)

(Preliminary ruling — Inadmissibility)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

(2002/C 233/16)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-129/01: reference to the Court under Article 234
EC from the Tribunale di Bologna (Italy) for a preliminary
ruling in the proceedings pending before that court between
Condominio Facchini Orsini and Kone Ascensori SpA — on
the interpretation of Article 2(b) of Council Directive 93/13/
EEC of 5 April 1993 on unfair terms in consumer contracts
(OJ 1993 L 95, p. 29) — the Court (Sixth Chamber), composed
of: F. Macken, President of the Chamber, N. Colneric, C. Gul-
mann,
Judges; J. Mischo,
Advocate General; R. Grass, Registrar, has made an order on
2 May 2002, in which it has ruled:

J.-P. Puissochet and V. Skouris,

In Case C-136/01 P: Autosalone Ispra dei Fratelli Rossi Snc,
established in Ispra (Italy), (Lawyer: F. Venuti), appeal against
the order of the Court of First Instance of the European
Communities (Second Chamber) of 17 January 2001 in Case
T-124/99 Autosalone Ispra dei Fratelli Rossi v EAEC [2001]
ECR II-53, seeking to have that order set aside, the other
party to the proceedings being: European Atomic Energy
Community, represented by the Commission of the European
Communities (Agents: H. Speyart and P. Stancanelli) —
the Court
(Second Chamber), composed of: N. Colneric
(Rapporteur), President of the Chamber, R. Schintgen and
V. Skouris, Judges; D. Ruiz-Jarabo Colomer, Advocate General;
R. Grass, Registrar, has given a judgment on 18 July 2002, the
operative part of which is as follows:

1.

The appeal is dismissed.

2. Autosalone Ispra dei Fratelli Rossi Snc is ordered to pay the

The question submitted for a preliminary ruling by the Tribunale di
Bologna, by order of 20 February 2001, is inadmissible.

costs.

( 1) OJ C 173, 16.6.2001.

(1) OJ C 150, 19.5.2001.
Information relating to the entry into force of the Agreement in the form of an Exchange of Letters between the European Community and the Republic of Slovenia concerning the certificate referred to in point 6, Annex I, of the Additional Protocol on reciprocal preferential trade concessions for certain wines
Date: 2002-09-28
Institutions: European Commission
Subjects: Slovenia, agreement (EU), tariff quota, wine

28.9.2002

EN

Official Journal of the European Communities

C 232/7

Information relating to the entry into force of the Agreement in the form of an Exchange of
Letters between the European Community and the Republic of Slovenia concerning the certificate
referred to in point 6, Annex I, of the Additional Protocol on reciprocal preferential trade
concessions for certain wines

(2002/C 232/06)

The notification of the Slovenian Government relating to the completion of the procedures necessary for
the entry into force of the Agreement in the form of an Exchange of Letters between the European
Community and the Republic fo Slovenia concerning the certificate referred to in point 6, Annex I, of
the Additional Protocol on reciprocal preferential trade concessions for certain wines (1), which was signed
in Brussels on 19 March 2002, took place on 26 July 2002. The Exchange of Letters entered into force on
26 July 2002.

(1) OJ L 101, 17.4.2002, p. 38.
Non-opposition to a notified concentration (Case COMP/M.2927 — Macquarie Airports Luxembourg/Aeroporti di Roma) (Text with EEA relevance)
Date: 2002-09-28
Institutions: European Commission
Subjects: building industry, commercial bank, economic concentration, energy industry, marketing, merger control, petroleum product, restrictive-practice authorisation, steel, transport company

C 232/6

EN

Official Journal of the European Communities

28.9.2002

Non-opposition to a notified concentration

(Case COMP/M.2816 — Ernst & Young France/Andersen France)

(2002/C 232/04)

(Text with EEA relevance)

On 5 September 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 302M2816. 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.2927 — Macquarie Airports Luxembourg/Aeroporti di Roma)

(2002/C 232/05)

(Text with EEA relevance)

On 20 September 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 302M2927. 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-458/01
Date: 2002-09-28
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, egg, import, poultry

C 233/20

EN

Official Journal of the European Communities

28.9.2002

Removal from the register of Case C-289/00 (1)

Removal from the register of Case C-210/01 (1)

(2002/C 233/32)

(2002/C 233/35)

By order of 3 July 2002 the President of the Court of Justice of
the European Communities ordered the removal from the
register of Case C-289/00 (Reference for a preliminary ruling
by the Corte d’appello di Genova): Fincantieri — Cantieri
Navali Italiani SpA and Finmeccanica SpA v Federico Bianchi
and Others.

By order of 15 July 2002 the President of the First Chamber of
the Court of Justice of the European Communities ordered the
removal from the register of Case C-210/01: Commission of
the European Communities v Italian Republic.

(1) OJ C 212 of 28.7.2001.

( 1) OJ C 285 of 7.10.2000.

Removal from the register of Case C-352/00 (1)

(2002/C 233/33)

Removal from the register of Case C-458/01 (1)

(2002/C 233/36)

By order of 2 July 2002 the President of the Court of Justice of
the European Communities ordered the removal from the
register of Case C-352/00: Italian Republic v Council of the
European Union.

By order of 19 June 2002 the President of the Court of Justice
of the European Communities ordered the removal from the
register of Case C-458/01: Commission of the European
Communities v Italian Republic.

( 1) OJ C 355 of 9.12.2000.

(1) OJ C 84 of 6.4.2002.

Removal from the register of Case C-86/01 (1)

Removal from the register of Case C-50/02 (1)

(2002/C 233/34)

(2002/C 233/37)

By order of 2 July 2002 the President of the Court of Justice of
the European Communities ordered the removal from the
register of Case C-86/01: Commission of the European Com-
munities v Republic of Austria.

By order of 11 July 2002 the President of the Court of Justice
of the European Communities ordered the removal
from
the register of Case C-50/02: Commission of the European
Communities v Italian Republic.

( 1) OJ C 118 of 21.4.2001.

(1) OJ C 84 of 6.4.2002.
Removal from the register of Case C-86/01
Date: 2002-09-28
Institutions: Court of Justice
Subjects: Austria, access to information, action for failure to fulfil an obligation, environmental policy, right to information

C 233/20

EN

Official Journal of the European Communities

28.9.2002

Removal from the register of Case C-289/00 (1)

Removal from the register of Case C-210/01 (1)

(2002/C 233/32)

(2002/C 233/35)

By order of 3 July 2002 the President of the Court of Justice of
the European Communities ordered the removal from the
register of Case C-289/00 (Reference for a preliminary ruling
by the Corte d’appello di Genova): Fincantieri — Cantieri
Navali Italiani SpA and Finmeccanica SpA v Federico Bianchi
and Others.

By order of 15 July 2002 the President of the First Chamber of
the Court of Justice of the European Communities ordered the
removal from the register of Case C-210/01: Commission of
the European Communities v Italian Republic.

(1) OJ C 212 of 28.7.2001.

( 1) OJ C 285 of 7.10.2000.

Removal from the register of Case C-352/00 (1)

(2002/C 233/33)

Removal from the register of Case C-458/01 (1)

(2002/C 233/36)

By order of 2 July 2002 the President of the Court of Justice of
the European Communities ordered the removal from the
register of Case C-352/00: Italian Republic v Council of the
European Union.

By order of 19 June 2002 the President of the Court of Justice
of the European Communities ordered the removal from the
register of Case C-458/01: Commission of the European
Communities v Italian Republic.

( 1) OJ C 355 of 9.12.2000.

(1) OJ C 84 of 6.4.2002.

Removal from the register of Case C-86/01 (1)

Removal from the register of Case C-50/02 (1)

(2002/C 233/34)

(2002/C 233/37)

By order of 2 July 2002 the President of the Court of Justice of
the European Communities ordered the removal from the
register of Case C-86/01: Commission of the European Com-
munities v Republic of Austria.

By order of 11 July 2002 the President of the Court of Justice
of the European Communities ordered the removal
from
the register of Case C-50/02: Commission of the European
Communities v Italian Republic.

( 1) OJ C 118 of 21.4.2001.

(1) OJ C 84 of 6.4.2002.
Removal from the register of Case C-76/02
Date: 2002-09-28
Institutions: Court of Justice
Subjects: Austria, action for failure to fulfil an obligation, air quality, diesel fuel, environmental protection, motor fuel, product quality

28.9.2002

EN

Official Journal of the European Communities

C 233/21

Removal from the register of Case C-76/02 (1)

Removal from the register of Case C-121/02 (1)

(2002/C 233/38)

(2002/C 233/39)

By order of 2 July 2002 the President of the Court of Justice of
the European Communities ordered the removal from the
register of Case C-76/02: Commission of the European Com-
munities v Republic of Austria.

( 1) OJ C 109 of 4.5.2002.

By order of 10 July 2002 the President of the Court of Justice
of the European Communities ordered the removal from the
register of Case C-121/02: Commission of the European
Communities v Grand Duchy of Luxembourg.

(1) OJ C 131 of 1.6.2002.
Case T-250/02: Action brought on 20 August 2002 by Autosalone Ispra snc against Commission of the European Communities
Date: 2002-09-28
Institutions: Court of First Instance
Subjects: EAEC, action for annulment (EU), damages, flood, liability

28.9.2002

EN

Official Journal of the European Communities

C 233/37

In the alternative, the applicant alleges breach of the principles
of equality, proportionality and the protection of legitimate
expectations.

an appropriate and equitable rate in the view of the Court
and order the defendant to pay the costs.

Action brought on 20 August 2002 by Autosalone Ispra
snc against Commission of the European Communities

(Case T-250/02)

(2002/C 233/64)

(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 20 August 2002 by Autosalone
Ispra snc, represented by Barbara Casu, lawyer.

Pleas in law and main arguments

The purpose of these proceedings is to obtain a declaration
that the EAEC is liable in delict or tort in its own right and/or
jointly and/or severally with other bodies which may be found
liable for the events which took place in Ispra on 3 May 2002
and the damage suffered as a result. The applicant recalls that
on that date it rained extremely heavily in the municipality of
Ispra. The premises of the applicant was unexpectedly flooded
following the overflowing of the sewer belonging to the Joint
Research Centre of the EAEC-Euratom.

The applicant points to the danger posed by that sewer and to
its obvious insufficient capacity to carry off water. The
proprietors moreover negligently,
recklessly and incom-
petently failed over the years to provide maintenance intended
to prevent a recurrence and thus undermined also the safety
of the adjacent population.

The applicant claims that the Court should:

— order the EAEC-Euratom to compensate Autosalone Ispra
snc for the all the damage suffered and to be suffered at

On the basis of those considerations the applicant takes the
view that the Community has incurred non-contractual liability
under Article 188(2) of the EAEC Treaty.
Prior notification of a concentration (Case COMP/M.2968 — Jabil/Philips Contract Manufacturing Services) (Text with EEA relevance)
Date: 2002-09-28
Institutions: European Commission
Subjects: economic concentration, electronic component, electronics industry, exchange of information, merger control, provision of services, sale

28.9.2002

EN

Official Journal of the European Communities

C 232/5

Prior notification of a concentration

(Case COMP/M.2968 — Jabil/Philips Contract Manufacturing Services)

(2002/C 232/03)

(Text with EEA relevance)

1.
On 18 September 2002 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 Jabil Circuit Inc. (Jabil, USA) acquires, within the meaning of
Article 3(1)(b) of
the undertaking Contract Manufacturing
Services International BV (CMS, the Netherlands), which is currently controlled by Koninklijke Philips
Electronics NV (Philips, the Netherlands) by way of purchase of shares.

the Regulation, control of

the whole of

2.

The business activities of the undertakings concerned are:

— Jabil: electronics manufacturing and assembly services,

— CMS: manufacture, assembly and sale of printed circuit boards to the consumer electronics industry,

— Philips: manufacture and sale of electronic products especially for consumer electronics.

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.2968 — Jabil/Philips Contract Manufacturing Services, to:

European Commission,
Directorate-General for Competition,
Directorate B — Merger Task Force,
J-70,
B-1049 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.
Removal from the register of Case C-50/02
Date: 2002-09-28
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, rail transport, transport of dangerous goods, transport safety

C 233/20

EN

Official Journal of the European Communities

28.9.2002

Removal from the register of Case C-289/00 (1)

Removal from the register of Case C-210/01 (1)

(2002/C 233/32)

(2002/C 233/35)

By order of 3 July 2002 the President of the Court of Justice of
the European Communities ordered the removal from the
register of Case C-289/00 (Reference for a preliminary ruling
by the Corte d’appello di Genova): Fincantieri — Cantieri
Navali Italiani SpA and Finmeccanica SpA v Federico Bianchi
and Others.

By order of 15 July 2002 the President of the First Chamber of
the Court of Justice of the European Communities ordered the
removal from the register of Case C-210/01: Commission of
the European Communities v Italian Republic.

(1) OJ C 212 of 28.7.2001.

( 1) OJ C 285 of 7.10.2000.

Removal from the register of Case C-352/00 (1)

(2002/C 233/33)

Removal from the register of Case C-458/01 (1)

(2002/C 233/36)

By order of 2 July 2002 the President of the Court of Justice of
the European Communities ordered the removal from the
register of Case C-352/00: Italian Republic v Council of the
European Union.

By order of 19 June 2002 the President of the Court of Justice
of the European Communities ordered the removal from the
register of Case C-458/01: Commission of the European
Communities v Italian Republic.

( 1) OJ C 355 of 9.12.2000.

(1) OJ C 84 of 6.4.2002.

Removal from the register of Case C-86/01 (1)

Removal from the register of Case C-50/02 (1)

(2002/C 233/34)

(2002/C 233/37)

By order of 2 July 2002 the President of the Court of Justice of
the European Communities ordered the removal from the
register of Case C-86/01: Commission of the European Com-
munities v Republic of Austria.

By order of 11 July 2002 the President of the Court of Justice
of the European Communities ordered the removal
from
the register of Case C-50/02: Commission of the European
Communities v Italian Republic.

( 1) OJ C 118 of 21.4.2001.

(1) OJ C 84 of 6.4.2002.