do-me/EUR-LEX huggingface dataset:
Case T-240/03: Action brought on 13 June 2003 by Cecil Sharkey against the Commission of the European Communities
Date: 2003-10-04
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), carrying capacity, fishing vessel, maritime safety

C 239/18

EN

Official Journal of the European Union

4.10.2003

Pleas in law and main arguments

The applicant invokes the same pleas in law as in Case T-218/
03 (1).

( 1) See p. 9 of this Official Journal.

Action brought on 30 June 2003 by Société des Produits
Nestlé S.A. against the Office for Harmonisation in the
Internal Market

(Case T-248/03)

(2003/C 239/36)

Action brought on 13 June 2003 by Cecil Sharkey against
the Commission of the European Communities

(Case T-240/03)

(2003/C 239/35)

(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure — language in which the application was
submitted: English)

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
30 June 2003 by Société des Produits Nestlé S.A., Vevey,
Switzerland, represented by Mr J. Evrard, lawyer.

(Language of the case: English)

Grupo Kalise Menorquina, S.A. was also a party to the
proceedings before the Board of Appeal.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 13 June 2003 by Cecil Sharkey,
Clogherhead, (Ireland), represented by P. Gallagher and A.
Collins, Barristers, and D. Barry, Solicitor.

The applicant claims that the Court should:

— annul the decision contained in Article 2 of Commission
Decision of 4 April 2003 on the requests received by the
Commission to increase in MAGP IV objectives to take
into account improvements on safety, navigation at sea,
hygiene, product quality and working conditions for
vessels of more than 12 m in length overall notified
under document number C(2003) 1113 to reject a safety
capacity application in respect of the MFV Endurance;

— order the Commission to pay the costs of these proceed-

ings.

Pleas in law and main arguments

The applicant invokes the same pleas in law as in Case T-218/
03 (1).

( 1) See p. 9 of this Official Journal.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of

28 April 2003;

— order for payment of all costs of the proceedings against

the OHIM.

Pleas in law and main arguments

Applicant for the Com-
munity trade mark:

Community trade mark
sought:

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

Mark or sign cited in
opposition:

Société des Produits Nestlé S.A.

The figurative mark ‘POLO POLO’
(application No 803429)
for
goods in class 30 (a.o. cocoa and
preparations having a base of
cocoa, chocolate products, con-
fectionery, sweets, sugar, chewing
gum).

Grupo Kalise Menorquina S.A.

The Spanish national word mark
‘POLOS’
for goods in the old
Spanish class 7 (a.o. ice creams,
cocoas, chocolate products, cara-
mels, general confectionery prod-
ucts).
Non-opposition to a notified concentration (Case COMP/M.3269 — Phoenix/Tamro) (Text with EEA relevance)
Date: 2003-10-04
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, pharmaceutical product

C 238/4

EN

Official Journal of the European Union

4.10.2003

Non-opposition to a notified concentration

(Case COMP/M.3269 — Phoenix/Tamro)

(2003/C 238/05)

(Text with EEA relevance)

On 30 September 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 German 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 ‘CDE’ version of the CELEX database, under document No 303M3269. 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.
Information communicated by Member States regarding state aid granted under Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to state aid to small and medium-sized enterprises (Text with EEA relevance)
Date: 2003-10-04
Institutions: European Commission
Subjects: Basque Country, State aid, aid to undertakings, continuing vocational training, control of State aid, small and medium-sized enterprises

4.10.2003

EN

Official Journal of the European Union

C 238/3

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2003/C 238/03)

Date of adoption of the decision:

13.8.2003

Member State:

Aid No:

Title:

Objective:

Budget:

France

N 362/02

for
Aid
Departments

producer

organisation

in the

French Overseas

To favour the organisation of production and mitigate the specific
constraints of the French Overseas Departments

EUR 3 million/year

Aid intensity or amount:

The aid covers salary and travel costs of employees of producer
organisations

Duration:

Other information:

5 years

The French authorities have pledged to submit a report on the
results achieved by the scheme within the fifth year of implemen-
tation. A prolongation of the scheme is conditional upon the
content of this report

The authentic text(s) of the decision, from which all confidential information has been removed, can be
found at

http://europa.eu.int/comm/secretariat_general/sgb/state_aids

Information communicated by Member States regarding state aid granted under Commission
Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the
EC Treaty to state aid to small and medium-sized enterprises

(2003/C 238/04)

(Text with EEA relevance)

Aid No: XS 126/02

Member State: Spain

Region: Autonomous Community of the Basque Country

Date of implementation: November 2002

Duration of scheme or individual aid award: December
2002

Title of aid scheme or name of the company receiving an
individual aid: Aid scheme for in-service training in enter-
prises (consulting services)

Objective of aid: The objective of the aid scheme is to finance
consulting services with a view to drawing up assessments of
training needs in small and medium-sized enterprises

Legal basis: Acuerdo de 25.9.2002 del pleno del Patronato de
Hobetuz (Fundación Vasca para la Formación Profesional Con-
tinua), por el que se aprueba la Convocatoria de Ayudas a la
Formación Continua dirigida a Empresas para el año 2002
(Boletín Oficial del País Vasco de 1.10.2002)

Annual expenditure planned under the scheme or overall
individual aid granted to the company:
amount of
EUR 200 000

Maximum aid intensity: 50 %

Economic sector(s) concerned: All sectors apart from those
whose particular rules are such that the Regulation cannot be
applied

Name and address of the granting authority:

Hobetuz, Fundación Vasca para la Formación Profesional
Continua
Gran Vía 35 — 6o
E-48009 Bilbao
Euro exchange rates
Date: 2003-10-04
Institutions: European Commission
Subjects: euro, exchange rate

4.10.2003

EN

Official Journal of the European Union

C 238/1

I

(Information)

COMMISSION

Euro exchange rates (1)

3 October 2003

(2003/C 238/01)

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

1,1686

129,29

7,4287

0,7002

8,9883

1,544

89,26

8,158

1,9475

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

0,58452

HKD

Hong Kong dollar

31,967

NZD

New Zealand dollar

15,6466

SGD

Singapore dollar

Exchange
rate

0,6495

0,4284

4,5426

38 505

235,67

41,225

1 628 000

1,7081

1,5663

9,0069

1,9577

2,0154

253,81

KRW

South Korean won

1 342,14

3,4524

ZAR

South African rand

8,0104

___________
(1) Source: reference exchange rate published by the ECB.
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objections
Date: 2003-10-04
Institutions: European Commission
Subjects: French overseas department and region, State aid, control of State aid, production aid

4.10.2003

EN

Official Journal of the European Union

C 238/3

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2003/C 238/03)

Date of adoption of the decision:

13.8.2003

Member State:

Aid No:

Title:

Objective:

Budget:

France

N 362/02

for
Aid
Departments

producer

organisation

in the

French Overseas

To favour the organisation of production and mitigate the specific
constraints of the French Overseas Departments

EUR 3 million/year

Aid intensity or amount:

The aid covers salary and travel costs of employees of producer
organisations

Duration:

Other information:

5 years

The French authorities have pledged to submit a report on the
results achieved by the scheme within the fifth year of implemen-
tation. A prolongation of the scheme is conditional upon the
content of this report

The authentic text(s) of the decision, from which all confidential information has been removed, can be
found at

http://europa.eu.int/comm/secretariat_general/sgb/state_aids

Information communicated by Member States regarding state aid granted under Commission
Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the
EC Treaty to state aid to small and medium-sized enterprises

(2003/C 238/04)

(Text with EEA relevance)

Aid No: XS 126/02

Member State: Spain

Region: Autonomous Community of the Basque Country

Date of implementation: November 2002

Duration of scheme or individual aid award: December
2002

Title of aid scheme or name of the company receiving an
individual aid: Aid scheme for in-service training in enter-
prises (consulting services)

Objective of aid: The objective of the aid scheme is to finance
consulting services with a view to drawing up assessments of
training needs in small and medium-sized enterprises

Legal basis: Acuerdo de 25.9.2002 del pleno del Patronato de
Hobetuz (Fundación Vasca para la Formación Profesional Con-
tinua), por el que se aprueba la Convocatoria de Ayudas a la
Formación Continua dirigida a Empresas para el año 2002
(Boletín Oficial del País Vasco de 1.10.2002)

Annual expenditure planned under the scheme or overall
individual aid granted to the company:
amount of
EUR 200 000

Maximum aid intensity: 50 %

Economic sector(s) concerned: All sectors apart from those
whose particular rules are such that the Regulation cannot be
applied

Name and address of the granting authority:

Hobetuz, Fundación Vasca para la Formación Profesional
Continua
Gran Vía 35 — 6o
E-48009 Bilbao