do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.3114 — Unión Fenosa/ENI/Unión Fenosa Gas) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2003-04-26
Institutions: European Commission
Subjects: economic concentration, electrical industry, exchange of information, gas industry, information technology, merger control, oil industry, telecommunications

C 100/22

EN

Official Journal of the European Union

26.4.2003

Prior notification of a concentration

(Case COMP/M.3114 — Unión Fenosa/ENI/Unión Fenosa Gas)

Candidate case for simplified procedure

(2003/C 100/09)

(Text with EEA relevance)

On 11 April 2003 the Commission received notification of a proposed concentration pursuant to
1.
Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2),
by which the Italian undertaking ENI SpA (ENI), acquires, within the meaning of Article 3(1)(b) of the
Regulation, joint control of the Spanish undertaking Unión Fenosa Gas SA (UF Gas), controlled by the
Spanish undertaking Unión Fenosa SA (UF), by way of purchase of shares. Following the concentration UF
Gas will be jointly controlled by ENI and UF.

2.

The business activities of the undertakings concerned are:

— ENI: exploration and production of oil and natural gas worldwide,

— UF: generation and sale of electricity; activities related to the gas sector, telecommunications, engin-

eering and information technology and management consulting,

— UF Gas: gas related activities.

3.
On preliminary examination, the Commission finds that the notified concentration could fall within
the scope of Regulation (EEC) No 4064/89. However, the final decision on this point is reserved. Pursuant
to the Commission Notice on simplified procedure for treatment of certain concentrations under Council
Regulation (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.3114 — Unión Fenosa/ENI/Unión Fenosa Gas, 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.
(3) OJ C 217, 29.7.2000, p. 32.
Removal from the register of Case C-331/02
Date: 2003-04-26
Institutions: Court of Justice
Subjects: United Kingdom, action for failure to fulfil an obligation, air quality, anhydride, dangerous substance, lead, national implementing measure, oxide, pollution control

26.4.2003

EN

Official Journal of the European Union

C 101/31

Removal from the register of Case C-331/02 (1)

from the register of Case C-339/02: Commission of the
European Communities v Portuguese Republic.

(2003/C 101/53)

(1) OJ C 305 of 7.12.2002.

By order of 31 January 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-331/02: Commission of the
European Communities v United Kingdom of Great Britain
and Northern Ireland.

( 1) OJ C 274 of 9.11.2002.

Removal from the register of Case C-344/02 (1)

(2003/C 101/55)

Removal from the register of Case C-339/02 (1)

(2003/C 101/54)

By order of 6 February 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-344/02: Commission of the
European Communities v French Republic.

By order of 13 February 2003 the President of the Court of
Justice of the European Communities ordered the removal

(1) OJ C 261 of 26.10.2002.
Non-opposition to a notified concentration (Case COMP/M.3139 — Carlyle/Breed Technologies) (Text with EEA relevance)
Date: 2003-04-26
Institutions: European Commission
Subjects: economic concentration, electronic component, investment company, merger control, motor car, private investment, restrictive-practice authorisation, vehicle parts

26.4.2003

EN

Official Journal of the European Union

C 100/23

Non-opposition to a notified concentration

(Case COMP/M.3100 — Mediaset/Telecinco/Publiespaña)

(2003/C 100/10)

(Text with EEA relevance)

On 28 March 2003 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 Spanish 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 ‘CES’ version of the CELEX database, under document No 303M3100. 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.3139 — Carlyle/Breed Technologies)

(2003/C 100/11)

(Text with EEA relevance)

On 10 April 2003, 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 303M3139. 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-305/01
Date: 2003-04-26
Institutions: Court of First Instance
Subjects: China, appeal to the Court (EU), damages, fishery product, import restriction, public limited company

26.4.2003

EN

Official Journal of the European Union

C 101/53

— order the defendant to make good the non-material
damage suffered, evaluated provisionally at EUR 50 000,
subject to adjustment;

ation allowance and, therefore, the other realted allow-
ances, in accordance with the Lozano case-law;

— order the defendant to pay the costs.

— order the defendant to pay the costs.

Pleas in law and main arguments

Until 1 May 2002, the applicant, an official at the Office for
Harmonization in the Internal Market (OHIM), held the post
of Head of Service of the Cancellation Division. By the decision
being contested in the present action,
the applicant was
transferred as legal adviser to Vice-President for Legal Affairs.
In support of his claims for annulment, the applicant pleads:

— erroneous and inadequate statement of reasons for the

decision of 22 April 2002;

— breach of the principle of proportionality and of freedom

of expression;

— infringement of the rights of defence, in particular the

right to be heard;

— breach of the principle of sound administration; and

— breach of the duty to have regard for the welfare of

officials.

Pleas in law and main arguments

The pleas in law and main arguments are those put forward
earlier in Case T-205/02 Salvador García v Commission (1),
Case T-298/02 Ana Herero Romeu v Commission (2) and
T-299/02 Dedeu v Commission (2).

(1) OJ C 219 of 14 September 2002, p. 22.
(2) OJ C 289 of 23 November 2002, p. 38.

Removal from the register of Case T-305/01 (1)

(2003/C 101/93)

(Language of the Case: French)

By order of 29 January 2003 the President of the Third
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-305/01: Thalassa Seafoods S.A. v Commission of
the
European Communities.

Action brought on 3 March by Tomás Salazar Brier
against Commission of the European Communities

(1) OJ C 56 of 2.3.2002.

(Case T-83/03)

(2003/C 101/92)

(Language of the case: Spanish)

An action against Commission of the European Communities
was brought before the Court of First Instance of the European
Communities on 3 March 2003 by Tomás Salazar Brier,
residing in Brussels, represented by Ramón García-Gallardo
Gil-Fournier and Dolores Domínguez Pérez, Members of the
Madrid and La Coruña Bars respectively.

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

(2003/C 101/94)

(Language of the Case: French)

By order of 30 January 2003 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal
from the register of Case T-84/02:
Armand de Buck v Commission of the European Communities.

The applicant claims that the Court should:

— declare invalid the decision of 24 February 2003, implicit
in the Commission’s silence, refusing to grant an expatri-

(1) OJ C 131 of 1.6.2002.
Prior notification of a concentration (Case COMP/M.3130 — Arla Foods/Express Dairies) (Text with EEA relevance)
Date: 2003-04-26
Institutions: European Commission
Subjects: dairy industry, economic concentration, exchange of information, merger control

26.4.2003

EN

Official Journal of the European Union

C 100/21

7. Further information regarding the notification can be obtained from:

Janine van Aalst (tel. (31-70) 351 93 06),
Wini Broadbelt (tel. (31-70) 351 83 68)

Contact point in the European Commission:

Giovanni Indirli
European Commission
Directorate-General ‘Enterprise’
Unit E3 ‘Chemicals’
AN 88 4/39
B-1049 Brussels
tel. (32-2) 295 12 65
fax (32-2) 295 02 81
e-mail: giovanni.indirli@cec.eu.int

Prior notification of a concentration

(Case COMP/M.3130 — Arla Foods/Express Dairies)

(2003/C 100/08)

(Text with EEA relevance)

1.
On 16 April 2003 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 Arla Foods amba (Arla Foods), Denmark, acquires, within the meaning of Article
3(1)(b) of the Regulation, control of the whole of the undertaking Express Dairies plc (Express Dairies),
United Kingdom, by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— Arla Foods: production and supply of various dairy products such as fresh milk, butter and cheese

primarily in Denmark, Sweden and the United Kingdom,

— Express Dairies: production and supply of various dairy products primarily fresh liquid milk and cream

in the United Kingdom.

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.3130 — Arla Foods/Express Dairies, 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: 2003-04-26
Institutions: European Commission
Subjects: euro, exchange rate

C 100/2

EN

Official Journal of the European Union

26.4.2003

COMMISSION

Euro exchange rates (1)

25 April 2003

(2003/C 100/02)

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

1,0973

132,73

7,4234

0,6914

9,1095

1,5021

83,24

7,812

1,9461

0,5888

31,555

LVL

MTL

PLN

ROL

SIT

SKK

TRL

AUD

CAD

HKD

NZD

Currency

Latvian lats

Maltese lira

Polish zloty

Romanian leu

Slovenian tolar

Slovak koruna

Turkish lira

Australian dollar

Canadian dollar

Hong Kong dollar

New Zealand dollar

15,6466

SGD

Singapore dollar

Exchange
rate

0,6334

0,425

4,2773

36 660

232,3872

40,925

1 749 000

1,782

1,599

8,5586

1,9821

1,9611

245,73

KRW

South Korean won

1 358,35

3,4533

ZAR

South African rand

8,0487

___________
(1) Source: reference exchange rate published by the ECB.
Case T-83/03: Action brought on 3 March by Tomás Salazar Brier against Commission of the European Communities
Date: 2003-04-26
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), equal treatment, indemnification, regulations for civil servants

26.4.2003

EN

Official Journal of the European Union

C 101/53

— order the defendant to make good the non-material
damage suffered, evaluated provisionally at EUR 50 000,
subject to adjustment;

ation allowance and, therefore, the other realted allow-
ances, in accordance with the Lozano case-law;

— order the defendant to pay the costs.

— order the defendant to pay the costs.

Pleas in law and main arguments

Until 1 May 2002, the applicant, an official at the Office for
Harmonization in the Internal Market (OHIM), held the post
of Head of Service of the Cancellation Division. By the decision
being contested in the present action,
the applicant was
transferred as legal adviser to Vice-President for Legal Affairs.
In support of his claims for annulment, the applicant pleads:

— erroneous and inadequate statement of reasons for the

decision of 22 April 2002;

— breach of the principle of proportionality and of freedom

of expression;

— infringement of the rights of defence, in particular the

right to be heard;

— breach of the principle of sound administration; and

— breach of the duty to have regard for the welfare of

officials.

Pleas in law and main arguments

The pleas in law and main arguments are those put forward
earlier in Case T-205/02 Salvador García v Commission (1),
Case T-298/02 Ana Herero Romeu v Commission (2) and
T-299/02 Dedeu v Commission (2).

(1) OJ C 219 of 14 September 2002, p. 22.
(2) OJ C 289 of 23 November 2002, p. 38.

Removal from the register of Case T-305/01 (1)

(2003/C 101/93)

(Language of the Case: French)

By order of 29 January 2003 the President of the Third
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-305/01: Thalassa Seafoods S.A. v Commission of
the
European Communities.

Action brought on 3 March by Tomás Salazar Brier
against Commission of the European Communities

(1) OJ C 56 of 2.3.2002.

(Case T-83/03)

(2003/C 101/92)

(Language of the case: Spanish)

An action against Commission of the European Communities
was brought before the Court of First Instance of the European
Communities on 3 March 2003 by Tomás Salazar Brier,
residing in Brussels, represented by Ramón García-Gallardo
Gil-Fournier and Dolores Domínguez Pérez, Members of the
Madrid and La Coruña Bars respectively.

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

(2003/C 101/94)

(Language of the Case: French)

By order of 30 January 2003 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal
from the register of Case T-84/02:
Armand de Buck v Commission of the European Communities.

The applicant claims that the Court should:

— declare invalid the decision of 24 February 2003, implicit
in the Commission’s silence, refusing to grant an expatri-

(1) OJ C 131 of 1.6.2002.
Notice of the impending expiry of certain anti-dumping measures
Date: 2003-04-26
Institutions: European Commission
Subjects: Central and Eastern Europe, anti-dumping duty, building slab, import, originating product

26.4.2003

EN

Official Journal of the European Union

C 100/11

Notice of the impending expiry of certain anti-dumping measures

(2003/C 100/04)

1.
The Commission gives notice that, unless a review is initiated in accordance with the following
procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table
below, as provided in Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 (1) on
protection against dumped imports from countries not members of the European Community.

2. Procedure

Community producers may lodge a written request for a review. This request must contain sufficient
evidence that the removal of the measures would be likely to result in a continuation or recurrence of
dumping and injury.

Should the Commission decide to review the measures concerned, importers, exporters, representatives of
the exporting country and Community producers will then be provided with the opportunity to amplify,
rebut or comment on the matters set out in the review request.

3. Time limit

Community producers may submit a written request for a review on the above basis, to reach the
European Commission, Directorate-General for Trade (Division B-1), J-79 5/16, B-1049 Brussels (2) at
any time from the date of the publication of the present notice but no later than three months before
the date mentioned in the table below.

This notice is published in accordance with Article 11(2) of Regulation (EC) No 384/96 of 22

4.
December 1995.

Product

Country(ies) of origin
or exportation

Measures

Reference

Date of expiry

Hardboard

Bulgaria
Estonia
Latvia
Lithuania
Poland
Russia

Bulgaria
Estonia
Lithuania
Poland

29.1.2004

Duty

Undertaking

Regulation (EC) No 194/1999
(OJ L 22, 29.1.1999)
as last amended by Regulation
(EC) No 1899/2001
(OJ L 261, 29.9.2001)

Decision No 1999/71/EC
(OJ L 22, 29.1.1999)
as last amended by Decision No
2001/707/EC
(OJ L 261, 29.9.2001)

(1) OJ L 56, 6.3.1996, p. 1, as last amended by Council Regulation (EC) No 1972/2002 (OJ L 305, 7.11.2002, p. 1).
(2) Telex COMEU B 21877; Fax (32-2) 295 65 05.
Non-opposition to a notified concentration (Case COMP/M.3100 — Mediaset/Telecinco/Publiespaña) (Text with EEA relevance)
Date: 2003-04-26
Institutions: European Commission
Subjects: advertising, audiovisual production, economic concentration, film industry, merger control, pay television, press agency, restrictive-practice authorisation, telecommunications, television

26.4.2003

EN

Official Journal of the European Union

C 100/23

Non-opposition to a notified concentration

(Case COMP/M.3100 — Mediaset/Telecinco/Publiespaña)

(2003/C 100/10)

(Text with EEA relevance)

On 28 March 2003 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 Spanish 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 ‘CES’ version of the CELEX database, under document No 303M3100. 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.3139 — Carlyle/Breed Technologies)

(2003/C 100/11)

(Text with EEA relevance)

On 10 April 2003, 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 303M3139. 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-84/02
Date: 2003-04-26
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), blood disease, health risk, occupational disease

26.4.2003

EN

Official Journal of the European Union

C 101/53

— order the defendant to make good the non-material
damage suffered, evaluated provisionally at EUR 50 000,
subject to adjustment;

ation allowance and, therefore, the other realted allow-
ances, in accordance with the Lozano case-law;

— order the defendant to pay the costs.

— order the defendant to pay the costs.

Pleas in law and main arguments

Until 1 May 2002, the applicant, an official at the Office for
Harmonization in the Internal Market (OHIM), held the post
of Head of Service of the Cancellation Division. By the decision
being contested in the present action,
the applicant was
transferred as legal adviser to Vice-President for Legal Affairs.
In support of his claims for annulment, the applicant pleads:

— erroneous and inadequate statement of reasons for the

decision of 22 April 2002;

— breach of the principle of proportionality and of freedom

of expression;

— infringement of the rights of defence, in particular the

right to be heard;

— breach of the principle of sound administration; and

— breach of the duty to have regard for the welfare of

officials.

Pleas in law and main arguments

The pleas in law and main arguments are those put forward
earlier in Case T-205/02 Salvador García v Commission (1),
Case T-298/02 Ana Herero Romeu v Commission (2) and
T-299/02 Dedeu v Commission (2).

(1) OJ C 219 of 14 September 2002, p. 22.
(2) OJ C 289 of 23 November 2002, p. 38.

Removal from the register of Case T-305/01 (1)

(2003/C 101/93)

(Language of the Case: French)

By order of 29 January 2003 the President of the Third
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-305/01: Thalassa Seafoods S.A. v Commission of
the
European Communities.

Action brought on 3 March by Tomás Salazar Brier
against Commission of the European Communities

(1) OJ C 56 of 2.3.2002.

(Case T-83/03)

(2003/C 101/92)

(Language of the case: Spanish)

An action against Commission of the European Communities
was brought before the Court of First Instance of the European
Communities on 3 March 2003 by Tomás Salazar Brier,
residing in Brussels, represented by Ramón García-Gallardo
Gil-Fournier and Dolores Domínguez Pérez, Members of the
Madrid and La Coruña Bars respectively.

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

(2003/C 101/94)

(Language of the Case: French)

By order of 30 January 2003 the President of the First Chamber
of the Court of First Instance of the European Communities
ordered the removal
from the register of Case T-84/02:
Armand de Buck v Commission of the European Communities.

The applicant claims that the Court should:

— declare invalid the decision of 24 February 2003, implicit
in the Commission’s silence, refusing to grant an expatri-

(1) OJ C 131 of 1.6.2002.