do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.3172 — Ferrovial/Amey) (Text with EEA relevance)
Date: 2003-07-19
Institutions: European Commission
Subjects: construction equipment, economic concentration, exchange of information, management, merger control, public works, service

C 170/8

EN

Official Journal of the European Union

19.7.2003

Farmers raising Agneau du Poitou Charentes lambs decide on crosses between these breeds on the
basis of pedo-climatic conditions, but in all cases aim for a stocky lamb with well-formed legs.
Producer organisations carry out
technical measures to help farmers with selection and
slaughterers are closely involved in the choice of breeding animals, the objective always
being to produce a fine skeleton so as to obtain fine muscle fibres and a good yield of
high-quality cuts.

4.7. Inspection body:

Name: QUALISUD

Address: 2, rue des Remparts — F-40000 Mont de Marsan

Tel. (33-5) 58 06 15 21, fax (33-5) 58 75 13 36

4.8. Labelling:

Product name: Agneau du Poitou-Charentes

Geographical reference: ‘Nés, élevés et abattus en Poitou Charentes’ (Born, raised and slaughtered in
Poitou-Charentes)

4.9. National requirements: —

EC No: FR/00177/00.12.21.

Date of receipt of the full application: 16 May 2003.

Non-opposition to a notified concentration

(Case COMP/M.3172 — Ferrovial/Amey)

(2003/C 170/06)

(Text with EEA relevance)

On 27 May 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 303M3172. 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-24/03
Date: 2003-07-19
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, EU financing, European Commission, Italy, action for annulment (EU), expenditure, fruit, public stock, tobacco, vegetable

C 171/42

EN

Official Journal of the European Union

19.7.2003

that Sogecable would offer its shareholders the option of
participating in a subordinated loan of EUR 175 million, to be
underwritten in its entirety by Telefónica. Finally, the parties
agreed that neither of their debts should exceed, prior to the
concentration, EUR 425 million and 705 million respectively,
with a maximum limit of EUR 1 130 million.

Removal from the register of Case T-253/01 (1)

(2003/C 171/70)

(Language of the case: English)

In support of their claims, the applicants allege that the
contested decisions contain manifest errors of assessment of
the facts complained of. They also take the view that the
Commission has been negligent inasmuch as it did not fully
analyse the facts. Moreover, the defendant’s assessment also
infringes the principle of equality in that it diverges from
previous decisions in which it was held that it was necessary
to submit a new notification.

Finally, the applicant companies allege that the Commission
misused its powers.

( 1) Case T-346/02 Cableuropa and Others (OJ 2003 C 19, p. 40) and
Case T-347/02 Aunacable and Others (OJ 2003 C 19, p. 40).

By order of 30 April 2003 the President of the Fourth Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-253/01: UPS
Europe NV/SA v Commission of the European Communities.

(1) OJ C 31 of 02.02.2002.

Removal from the register of Case T-24/03 (1)

(2003/C 171/71)

(Language of the case: Italian)

By order of 30 April 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-24/03:
Antonio Aresu v Commission of the European Communities.

(1) OJ C 70 of 22.03.2003.
Case T-153/03: Action brought on 18 April 2003 by Inex N.V. against the Office for Harmonisation in the Internal Market
Date: 2003-07-19
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), milk product, trade-mark law

C 171/36

EN

Official Journal of the European Union

19.7.2003

Action brought on 18 April 2003 by Inex N.V. against the
Office for Harmonisation in the Internal Market

Decision of the Board of
Appeal:

Dismissal of the applicant’s appeal

(Case T-153/03)

(2003/C 171/60)

(Language of the case: French)

Pleas in law:

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on
18 April 2003 by Inex N.V., represented by Thierry van Innis,
lawyer.

Robert Wiseman & Sons Limited, Glasgow (United Kingdom)
was also a party to the proceedings before the Second Board
of Appeal.

The applicant claims that the Court should:

Infringement of the concept of
the likelihood of confusion as
interpreted by the Court of Justice
in the light of:

— the identity of the goods;

— the similarity between the
against which the
mark
opposition was directed and
the dominant and distinctive
element of the first mark;

— the fact that the goods are
targeted at the general public
for everyday use

— annul the decision handed down by the Second Board of
Appeal of the defendant on 4 February 2003 in Case R
106/2001-2;

Action brought on 24 April 2003 by Michael Cwik against
the Commission of the European Communities

— order the defendant to pay the costs.

Pleas in law and main arguments

Applicant
munity trade mark

for

Com-

Community trade mark
sought

Proprietor of mark or
sign cited in the oppo-
sition proceedings:

Proprietor of mark or
sign

Robert Wiseman & Sons Limited,
Glasgow (United Kingdom)

Figurative mark composed of the
graphic representation of a cow-
hide in black and white — appli-
cation no. 132, 134,
filed for
goods and services in classes 29,
32 and 39 (in particular: milk,
milk beverages, milk products,
dairy products, cream and yogh-
urt)

The plaintiff

Composite Benelux trade mark
no 580 538 comprising in part a
graphic representation of a cow-
hide in black and white registered
for goods in classes 29 and 30

(Case T-155/03)

(2003/C 171/61)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 24 April 2003 by Michael Cwik,
residing in Tervuren (Belgium), represented by Nicolas Lhoëst,
lawyer.

The applicant claims that the Court should:

— annul the decision of the Secretary General of 13 June
2002 confirming, without amendment, the applicant’s
staff report for the period running from 1 July 1995 to
30 June 1997;

— order the defendant to pay the applicant EUR 15 000 by

way of damages;

Decision of the Oppo-
sition Division:

Rejection of the opposition

— order the defendant to pay the costs.
Prior notification of a concentration (Case COMP/M.3223 — Onex/Kieft/Neue Filmpalast) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2003-07-19
Institutions: European Commission
Subjects: Germany, economic concentration, exchange of information, film industry, merger control, shareholding

C 170/10

EN

Official Journal of the European Union

19.7.2003

Prior notification of a concentration

(Case COMP/M.3223 — Onex/Kieft/Neue Filmpalast)

Candidate case for simplified procedure

(2003/C 170/09)

(Text with EEA relevance)

On 2 July 2003 the Commission received a 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 undertakings Onex Kinos GmbH (‘Onex GmbH’, Germany), controlled by Onex Corporation
(‘Onex’, Canada) and Kieft & Kieft Filmtheater GmbH (‘K&K’, Germany), jointly controlled by Amalgamated
Holdings Limited (‘AHL’, Australia) and by siblings Marlis and Hans-Heinrich Kieft, acquire joint control
the whole of Neue Filmpalast
the Council Regulation of
within the meaning of Article 3(1)(b) of
GmbH & Co. (‘Neue Filmpalast’, Germany) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— Onex: acquiring, administrating and divesting participations in undertakings,

— K&K: operating movie theaters in Germany,

— Neue Filmpalast: operating movie theaters in Germany.

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 a 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 to the Commission.

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 to the Commission by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under
reference COMP/M.3223 — Onex/Kieft/Neue Filmpalast, to the following address:

European Commission,
Directorate-General for Competition,
Merger Registry,
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.
Non-opposition to a notified concentration (Case COMP/M.3157 — ING/Sonae/Ascendente JV) (Text with EEA relevance)
Date: 2003-07-19
Institutions: European Commission
Subjects: bank, economic concentration, exchange of information, insurance, merger control, property market, supermarket, telecommunications, tourism, wood industry

19.7.2003

EN

Official Journal of the European Union

C 170/9

Non-opposition to a notified concentration

(Case COMP/M.3157 — ING/Sonae/Ascendente JV)

(2003/C 170/07)

(Text with EEA relevance)

On 27 May 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 303M3157. 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.3154 — Süd-Chemie/Sabic/Scientific Design JV)

(2003/C 170/08)

(Text with EEA relevance)

On 12 May 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 303M3154. 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.
Adoption of three reference documents for the purpose of Council Directive 96/61/EC concerning integrated pollution prevention and control
Date: 2003-07-19
Institutions: European Commission
Subjects: EU environmental policy, air quality, environmental monitoring, industrial pollution, polluter pays principle, pollution control measures, poultry, swine, textile industry, waste management

19.7.2003

EN

Official Journal of the European Union

C 170/3

7. Written submissions, questionnaire replies and corre-

Commission address for correspondence:

spondence

All submissions and requests made by interested parties must
be made in writing (not in electronic format, unless otherwise
specified), and must indicate the name, address, e-mail address,
telephone and fax, and/or telex numbers of the interested party.
All written submissions, questionnaire replies and corre-
spondence provided by interested parties on a confidential
basis shall be labelled as ‘Limited’ (1) and, in accordance with
Article 19(2) of the basic Regulation, shall be accompanied by
a non-confidential version, which will be
labelled ‘FOR
INSPECTION BY INTERESTED PARTIES’.

(1) This means that

the document

is for internal use only.

the European Parliament and of
It

is
protected pursuant to Article 4 of Regulation (EC) No 1049/2001
(OJ L 145,
of
31.5.2001, p. 43).
to
Article 19 of Council Regulation (EC) No 384/96 (OJ L 56,
6.3.1996, p. 1) and Article 6 of the WTO Agreement on Implemen-
tation of Article VI of the GATT 1994 (Anti-dumping Agreement).

is a confidential document pursuant

the Council

It

European Commission
Directorate-General for Trade
Directorate B
Office: J-79 — 05/16
B-1049 Brussels
Fax (32-2) 295 65 05
Telex COMEU B 21877

8. Non-cooperation

In cases in which any interested party refuses access to or
otherwise does not provide the necessary information within
the time limits, or significantly impedes the investigation,
findings, affirmative or negative, may be made in accordance
with Article 28 of the basic Regulation, on the basis of the
facts available.

Where it is found that any interested party has supplied false or
misleading information, the information shall be disregarded
and use may be made of the facts available.

Adoption of three reference documents for the purpose of Council Directive 96/61/EC concerning
integrated pollution prevention and control (1)

(2003/C 170/03)

On 7 July 2003 the Commission adopted the complete texts of the reference documents on

— best available techniques in textiles industry,

— best available techniques in intensive rearing of poultry and pigs,

— general principles of monitoring.

These documents are available on the Internet site http://eippcb.jrc.es

(1) OJ L 257, 10.10.1996, p. 26.
Non-opposition to a notified concentration (Case COMP/M.3154 — Süd-Chemie/Sabic/Scientific Design JV) (Text with EEA relevance)
Date: 2003-07-19
Institutions: European Commission
Subjects: chemical product, economic concentration, exchange of information, merger control, production, sale, service, technology

19.7.2003

EN

Official Journal of the European Union

C 170/9

Non-opposition to a notified concentration

(Case COMP/M.3157 — ING/Sonae/Ascendente JV)

(2003/C 170/07)

(Text with EEA relevance)

On 27 May 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 303M3157. 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.3154 — Süd-Chemie/Sabic/Scientific Design JV)

(2003/C 170/08)

(Text with EEA relevance)

On 12 May 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 303M3154. 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-253/01
Date: 2003-07-19
Institutions: Court of First Instance
Subjects: European Commission, Germany, State aid, action for failure to act, complaint to the Commission, postal service

C 171/42

EN

Official Journal of the European Union

19.7.2003

that Sogecable would offer its shareholders the option of
participating in a subordinated loan of EUR 175 million, to be
underwritten in its entirety by Telefónica. Finally, the parties
agreed that neither of their debts should exceed, prior to the
concentration, EUR 425 million and 705 million respectively,
with a maximum limit of EUR 1 130 million.

Removal from the register of Case T-253/01 (1)

(2003/C 171/70)

(Language of the case: English)

In support of their claims, the applicants allege that the
contested decisions contain manifest errors of assessment of
the facts complained of. They also take the view that the
Commission has been negligent inasmuch as it did not fully
analyse the facts. Moreover, the defendant’s assessment also
infringes the principle of equality in that it diverges from
previous decisions in which it was held that it was necessary
to submit a new notification.

Finally, the applicant companies allege that the Commission
misused its powers.

( 1) Case T-346/02 Cableuropa and Others (OJ 2003 C 19, p. 40) and
Case T-347/02 Aunacable and Others (OJ 2003 C 19, p. 40).

By order of 30 April 2003 the President of the Fourth Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-253/01: UPS
Europe NV/SA v Commission of the European Communities.

(1) OJ C 31 of 02.02.2002.

Removal from the register of Case T-24/03 (1)

(2003/C 171/71)

(Language of the case: Italian)

By order of 30 April 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-24/03:
Antonio Aresu v Commission of the European Communities.

(1) OJ C 70 of 22.03.2003.
Euro exchange rates
Date: 2003-07-19
Institutions: European Commission
Subjects: euro, exchange rate

19.7.2003

EN

Official Journal of the European Union

C 170/1

I

(Information)

COMMISSION

Euro exchange rates (1)

18 July 2003

(2003/C 170/01)

Currency

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Exchange
rate

1,1205

133,49

7,4338

LVL

MTL

PLN

Currency

Latvian lats

Maltese lira

Polish zloty

Exchange
rate

0,6427

0,4273

4,4781

0,70445

ROL

Romanian leu

36 760

9,2374

1,5366

87,35

SIT

SKK

TRL

Slovenian tolar

Slovak koruna

Turkish lira

234,535

42,18

1 564 000

Norwegian krone

8,3595

AUD

Australian dollar

Bulgarian lev

Cyprus pound

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

1,9466

0,5873

32,084

CAD

HKD

NZD

Canadian dollar

Hong Kong dollar

New Zealand dollar

15,6466

SGD

Singapore dollar

1,7303

1,5754

8,7389

1,9488

1,9751

267,35

KRW

South Korean won

1 323,31

3,4524

ZAR

South African rand

8,6331

1 euro =

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CYP

CZK

EEK

HUF

LTL

___________
(1) Source: reference exchange rate published by the ECB.