do-me/EUR-LEX huggingface dataset:
Case T-300/02: Action brought on 30 September 2002 by Amga — Azienda Mediterranea Gas e Acqua SpA against the Commission of the European Communities
Date: 2002-11-23
Institutions: Court of First Instance
Subjects: Italy, State aid, action for annulment (EU), public service, tax exemption

23.11.2002

EN

Official Journal of the European Communities

C 289/39

Action brought on 30 September 2002 by Amga —
Azienda Mediterranea Gas e Acqua SpA against the
Commission of the European Communities

Action brought on 30 September 2002 by AEM S.p.A.
against the Commission of the European Communities

(Case T-300/02)

(2002/C 289/70)

(Language of the case: Italian)

(Case T-301/02)

(2002/C 289/71)

(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 30 September 2002 by Amga
— Azienda Mediterranea Gas e Acqua SpA, represented by
Luca G. Radicati di Brozolo and Massimo Merola, lawyers.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 30 September 2002 by AEM
S.p.A., represented by Andrea Giardina, Carlo Croff, Alberto
Santa Maria and Giuseppe Pizzonia, lawyers.

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul the Commission’s decision of 5 June 2002 (State
Aid No C.27/99) in so far as it declares unlawful and
incompatible with the common market the three-year
exemption from tax on profits granted by Italy to local
public service undertakings the majority of the shares
in which are publicly owned within the meaning of
Article 3(70) of Law No 549/1995, and loans granted on
preferential terms pursuant to Article 9a of Decree-Law
No 488/1986, and in so far as it requires Italy to recover
the aid in question from the recipients thereof, including
the applicant (Articles 2 and 3 of the decision);

— annul the Commission’s decision of 5 June 2002 (State
Aid No C.27/99) in so far as it declares that the three-
year tax regime relating to the profits of local public
service undertakings the majority of the shares in which
are publicly owned, as introduced by Article 3(70) of Law
No 549 of 28 December 1995 and Article 66(14) of
Decree-Law No 331 of 30 August 1993 (converted into
Law No 427 of 29 October 1993), constitutes State aid
which is incompatible with the common market (Article 2
of the decision), and in so far as it requires Italy to recover
the aid in question from the recipients thereof (Article 3
of the decision);

— order the Commission to pay the costs.

— order the Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The pleas in law and main arguments are similar to those
advanced in Case T-292/02 Confederazione Nazionale dei
Servizi v Commission and Case T-297/02 ACEA S.p.A. v
Commission.

The pleas in law and main arguments are similar to those
advanced in Case T-292/02 Confederazione Nazionale dei
Servizi v Commission, Case T-297/02 ACEA S.p.A. v Com-
mission and Case T-300/02 Amga S.p.A. v Commission.
Removal from the register of Case C-295/01
Date: 2002-11-23
Institutions: Court of Justice
Subjects: foodstuff, interpretation of the law, labelling, producer's liability, product life

23.11.2002

EN

Official Journal of the European Communities

C 289/19

Under the first paragraph of Article 10 EC, Member States are
to take all appropriate measures, whether general or particular,
to ensure fulfilment of the obligations arising out of the Treaty
or resulting from action taken by the institutions of the
Community.

Removal from the register of Case C-335/01 (1)

(2002/C 289/35)

It is not disputed by the Hellenic Republic that it must adopt
measures to comply with the abovementioned directive.

The Commission records that until now the Hellenic Republic
has not adopted the appropriate measures for the full incorpor-
ation of the directive into Greek law.

( 1) OJ L 127 of 9.5.2001, p. 42.

By order of 23 September 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-335/01: Commission of the
European Communities v French Republic.

(1) OJ C 317 of 10.11.2001.

Removal from the register of Case C-141/01 P (1)

(2002/C 289/33)

Removal from the register of Case C-43/02 (1)

(2002/C 289/36)

By order of 24 July 2002 the President of the Court of Justice
of the European Communities ordered the removal
from
the register of Case C-141/01 P: Confederazione Generale
dell’Industria Italiana (Confindustria) and Others v Com-
mission of the European Communities.

By order of 29 August 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-43/02 (Referral for a preliminary
ruling by the Landgericht Stuttgart): Landesbausparkasse
Baden-Württemberg v Elisabeth Huttenlocher.

( 1) OJ C 186 of 30.6.2001.

(1) OJ C 109 of 4.5.2002.

Removal from the register of Case C-295/01 (1)

Removal from the register of Case C-59/02 (1)

(2002/C 289/34)

(2002/C 289/37)

By order of 24 July 2002 the President of the Court of Justice
of the European Communities ordered the removal from the
register of Case C-295/01 (Referral for a preliminary ruling by
the Giudice di pace di Casale Monferrato): Fontaneto Industria
Alimentare Srl v ASL No 21 — Dipartimento di Prevenzione
Servizio Igiene Alimenti e Nutrizione.

By order of 12 July 2002 the President of the Court of Justice
of the European Communities ordered the removal
from
the register of Case C-59/02: Commission of the European
Communities v Hellenic Republic.

( 1) OJ C 289 of 13.10.2001.

(1) OJ C 97 of 20.4.2002.
Corrigendum to Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants (OJ L 309 of 27.11.2001)
Date: 2002-11-23
Institutions: Council of the European Union, European Parliament
Subjects: air quality, combustion gases, environmental protection, industrial pollution, pollution control, public health

L 319/30

EN

Official Journal of the European Communities

23.11.2002

CORRIGENDA

Corrigendum to Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on
the limitation of emissions of certain pollutants into the air from large combustion plants

(Official Journal of the European Communities L 309 of 27 November 2001)

On page 8, in Article 14(3):

for:
read:

‘3.
‘3.

In the cases referred to in Article 5(2) and (3), the rates …’,
In the cases referred to in Article 5(2), the rates …’;

on page 9, in Article 17(2):

for:
read:

‘… before 27 November 2002 Article 4(1) …’,
‘… before 27 November 2002 as specified in Article 4(1) …’.
Holidays in 2003
Date: 2002-11-23
Institutions: European Commission
Subjects: public holiday

C 288/18

EN

Official Journal of the European Communities

23.11.2002

Non-opposition to a notified concentration

(Case COMP/M.2781 — Northrop Grumman/TRW)

(2002/C 288/09)

(Text with EEA relevance)

On 16 October 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 302M2781. 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.

HOLIDAYS IN 2003

(2002/C 288/10)

COMMISSION

Brussels/Luxembourg

Wednesday, New Year's Day

Thursday, day following New Year's Day

Maundy Thursday

Good Friday

Easter Monday

Thursday, Labour Day

Friday, Anniversary of the Declaration made by President Robert
Schuman in 1950

Thursday, Ascension

Friday, day following Ascension

Whit Monday

Monday, Luxembourg National Holiday

Monday, Belgian National Holiday

Friday, Assumption

Christmas and New Year's Eve: six days

1 January

2 January

17 April

18 April

21 April

1 May

9 May

29 May

30 May

9 June

23 June

21 July

15 August

24 December to
31 December

Total: 18 days

(cid:1)
Removal from the register of Case C-84/02
Date: 2002-11-23
Institutions: Court of Justice
Subjects: free movement of goods, interpretation of the law, labelling, medicinal product, pharmaceutical legislation, pharmaceutical product

C 289/20

EN

Official Journal of the European Communities

23.11.2002

Removal from the register of Case C-68/02 (1)

Removal from the register of Case C-84/02 (1)

(2002/C 289/38)

(2002/C 289/39)

By order of 3 September 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-68/02: Commission of
the
European Communities v Republic of Austria.

( 1) OJ C 109 of 4.5.2002.

By order of 4 September 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-84/02 (Referral for a preliminary
ruling by the Verwaltungsgericht Braunschweig): Schaper &
Brümmer GmbH & Co KG v Bezirksregierung Braunschweig.

(1) OJ C 180 of 27.2.2002.
Prior notification of a concentration (Case COMP/M.2903 — DaimlerChrysler/Deutsche Telekom/JV) (Text with EEA relevance)
Date: 2002-11-23
Institutions: European Commission
Subjects: Germany, economic concentration, exchange of information, merger control, motor vehicle industry, road transport, telecommunications, toll

23.11.2002

EN

Official Journal of the European Communities

C 288/15

Prior notification of a concentration

(Case COMP/M.2903 — DaimlerChrysler/Deutsche Telekom/JV)

(2002/C 288/06)

(Text with EEA relevance)

1.
On 11 November 2002 the Commission received a 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 German undertakings DaimlerChrysler Services, belonging to the Daimler
Chrysler AG group, and Deutsche Telekom AG, acquire, within the meaning of Article 3(1)(b) of the
Regulation, joint control of the undertaking Toll Collect GmbH, Germany, by way of purchase of shares in
the newly created company constituting a joint venture.

2.

The business activities of the undertakings concerned are:

— DaimlerChrysler AG: development, construction and distribution of cars,

trucks, buses, motors,

financial services, aviation, space and defence industry,

— Deutsche Telekom AG: telecommunications,

— Toll Collect GmbH: development and operation of a toll collect system for heavy goods vehicles on

German motorways on behalf of Germany.

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.2903 — DaimlerChrysler/Deutsche Telekom/JV, 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.
Prior notification of a concentration (Case COMP/M.3025 — Bain Capital/Dor Chemicals/Trespaphan JV) (Text with EEA relevance)
Date: 2002-11-23
Institutions: European Commission
Subjects: consumer goods, economic concentration, exchange of information, investment, merger control, packaging product, petrochemicals

C 288/16

EN

Official Journal of the European Communities

23.11.2002

Prior notification of a concentration

(Case COMP/M.3025 — Bain Capital/Dor Chemicals/Trespaphan JV)

(2002/C 288/07)

(Text with EEA relevance)

1.
On 18 November 2002 the Commission received a 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 undertakings Bain Capital Fund VII-E (UK) LP (Bain, UK), belonging to the
US-based Bain Capital Investors group, and Dor Chemicals Ltd (Dor, Israel), acquire, within the meaning of
Article 3(1)(b) of the Regulation, joint control of a newly created company composed of the Trespaphan
group (Trespaphan, Germany), belonging to the German Celanese AG group, and Moplefan SpA
(Moplefan) and Dor Film Australia Pty (Dor Film), both wholly owned by Dor, by way of purchase of
shares.

2.

The business activities of the undertakings concerned are:

— Bain: investment fund,

— Dor: petrochemical products,

— Trespaphan: flexible packaging materials for consumer goods,

— Moplefan: flexible packaging materials for consumer goods,

— Dor Film: flexible packaging materials for consumer goods.

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.3025 — Bain Capital/Dor Chemicals/Trespaphan JV, 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.
Euro exchange rates
Date: 2002-11-23
Institutions: European Commission
Subjects: euro, exchange rate

23.11.2002

EN

Official Journal of the European Communities

C 288/1

I

(Information)

COMMISSION

Euro exchange rates (1)

22 November 2002

(2002/C 288/01)

1 euro =

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CYP

CZK

EEK

HUF

LTL

Currency

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Cyprus pound

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Exchange
rate

1,0024

122,88

7,4268

0,6335

9,0181

1,4718

86,26

7,3045

1,954

LVL

MTL

PLN

ROL

SIT

SKK

TRL

AUD

CAD

Currency

Latvian lats

Maltese lira

Polish zloty

Romanian leu

Slovenian tolar

Slovak koruna

Turkish lira

Australian dollar

Canadian dollar

0,57225

HKD

Hong Kong dollar

30,665

NZD

New Zealand dollar

15,6466

SGD

Singapore dollar

Exchange
rate

0,6016

0,4142

3,9415

33647

229,7227

41,575

1584000

1,7788

1,5837

7,8176

1,9915

1,773

236,98

KRW

South Korean won

1207,29

3,4528

ZAR

South African rand

9,5228

___________
(1) Source: reference exchange rate published by the ECB.
Removal from the register of Case C-43/02
Date: 2002-11-23
Institutions: Court of Justice
Subjects: consumer protection, contract, door-to-door selling, interpretation of the law, loan

23.11.2002

EN

Official Journal of the European Communities

C 289/19

Under the first paragraph of Article 10 EC, Member States are
to take all appropriate measures, whether general or particular,
to ensure fulfilment of the obligations arising out of the Treaty
or resulting from action taken by the institutions of the
Community.

Removal from the register of Case C-335/01 (1)

(2002/C 289/35)

It is not disputed by the Hellenic Republic that it must adopt
measures to comply with the abovementioned directive.

The Commission records that until now the Hellenic Republic
has not adopted the appropriate measures for the full incorpor-
ation of the directive into Greek law.

( 1) OJ L 127 of 9.5.2001, p. 42.

By order of 23 September 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-335/01: Commission of the
European Communities v French Republic.

(1) OJ C 317 of 10.11.2001.

Removal from the register of Case C-141/01 P (1)

(2002/C 289/33)

Removal from the register of Case C-43/02 (1)

(2002/C 289/36)

By order of 24 July 2002 the President of the Court of Justice
of the European Communities ordered the removal
from
the register of Case C-141/01 P: Confederazione Generale
dell’Industria Italiana (Confindustria) and Others v Com-
mission of the European Communities.

By order of 29 August 2002 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-43/02 (Referral for a preliminary
ruling by the Landgericht Stuttgart): Landesbausparkasse
Baden-Württemberg v Elisabeth Huttenlocher.

( 1) OJ C 186 of 30.6.2001.

(1) OJ C 109 of 4.5.2002.

Removal from the register of Case C-295/01 (1)

Removal from the register of Case C-59/02 (1)

(2002/C 289/34)

(2002/C 289/37)

By order of 24 July 2002 the President of the Court of Justice
of the European Communities ordered the removal from the
register of Case C-295/01 (Referral for a preliminary ruling by
the Giudice di pace di Casale Monferrato): Fontaneto Industria
Alimentare Srl v ASL No 21 — Dipartimento di Prevenzione
Servizio Igiene Alimenti e Nutrizione.

By order of 12 July 2002 the President of the Court of Justice
of the European Communities ordered the removal
from
the register of Case C-59/02: Commission of the European
Communities v Hellenic Republic.

( 1) OJ C 289 of 13.10.2001.

(1) OJ C 97 of 20.4.2002.
Case C-349/02: Action brought on 30 September 2002 by the Commission of the European Communities against the Italian Republic
Date: 2002-11-23
Institutions: Court of Justice
Subjects: Italy, action for failure to fulfil an obligation, national implementing measure, noise protection

C 289/16

EN

Official Journal of the European Communities

23.11.2002

Action brought on 30 September 2002 by the Com-
mission of the European Communities against the Italian
Republic

Action brought on 2 October 2002 by the Commission of
the European Communities against the Hellenic Republic

(Case C-349/02)

(2002/C 289/26)

(Case C-351/02)

(2002/C 289/27)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 20 Septem-
ber 2002 by the Commission of the European Communities,
represented by Gregorio Valero Jordana and Roberto Amorosi,
acting as Agent.

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 2 Octo-
ber 2002 by the Commission of the European Communities,
represented by Minas Konstantinidis, of its Legal Service.

The applicant claims that the Court of Justice should:

The Commission claims that the Court should:

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2000/14/EC (1) of the European Parliament and
of the Council of 8 May 2000 on the approximation of
the laws of the Member States relating to the noise
emission in the environment by equipment for use
outdoors, the Italian Republic has failed to fulfil
its
obligations under Article 22 of that directive;

— order the Italian Republic to pay the costs.

— declare that, by failing to adopt, and in any event to
communicate, the laws, regulations and administrative
provisions necessary to comply with Council Directive
1999/31/EC (1) of 26 April 1999 on the landfill of waste,
the Hellenic Republic has failed to fulfil its obligations
under that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Article 249 EC, by virtue of which directives are binding upon
the Member States to which they are addressed, requires
Member States to observe the time-limits for transposition laid
down in the directives. The period prescribed in this case
expired on 3 July 2000 without the Italian Republic’s having
promulgated the provisions necessary to comply with the
directive referred to in the forms of order sought by the
Commission.

The Member States are required by the binding character of
the third paragraph of Article 249 EC and Article 10 EC to
adopt the measures needed to transpose directives into national
law before the expiry of the time-limit laid down for that
purpose and to communicate those measures immediately to
the Commission. That time-limit expired on 16 July 2001
without the Hellenic Republic having notified to the Com-
mission the provisions transposing the directive in question
into national law.

( 1) OJ L 162 of 3.7.2000, p. 1.

(1) OJ L 182 of 16.7.1999, p. 1.
Case T-309/02: Action brought on 9 October 2002 by AC.E.GA.S. S.p.A. against the Commission of the European Communities
Date: 2002-11-23
Institutions: Court of First Instance
Subjects: Italy, action for annulment (EU), loan, public service, tariff preference, tax exemption

C 289/40

EN

Official Journal of the European Communities

23.11.2002

Action brought on 9 October 2002 by AC.E.GA.S. S.p.A.
against the Commission of the European Communities

(Case T-309/02)

(2002/C 289/72)

(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 9 October 2002 by AC.E.GA.S.
S.p.A., represented by Fabrizio Devescovi, Franco Ferletic and
Luigi Daniele, lawyers.

The applicant claims that the Court should:

— annul in its entirety the Commission’s decision of 5 June
2002 (State Aid No C.27/99, ex NN 69/98), relating to

tax exemptions and loans on preferential terms granted
by Italy in favour of public service undertakings the
majority of the shares in which are publicly owned
(not published in the Official Journal of the European
Communities);

— in the alternative, annul Article 3 of the contested decision
in so far as it requires the Italian State to recover the aid
in question from the recipients thereof;

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those
advanced in Case T-292/02 Confederazione Nazionale dei
Servizi v Commission, Case T-297/02 ACEA S.p.A. v Com-
mission, Case T-300/02 AMGA S.p.A. v Commission and Case
T-301/02 AEM S.p.A. v Commission.