do-me/EUR-LEX huggingface dataset:
Euro exchange rates
Date: 2003-10-18
Institutions: European Commission
Subjects: euro, exchange rate

C 250/4

EN

Official Journal of the European Union

18.10.2003

COMMISSION

Euro exchange rates (1)

17 October 2003

(2003/C 250/03)

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

1,1579

127,2

7,4288

0,6936

8,986

1,5514

89,11

8,2445

1,9466

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

0,58394

HKD

Hong Kong dollar

31,835

NZD

New Zealand dollar

15,6466

SGD

Singapore dollar

Exchange
rate

0,6435

0,4272

4,5763

38 824

235,6

41,275

1 670 000

1,6813

1,5287

8,9693

1,9453

2,0156

256,65

KRW

South Korean won

1 357,7

3,4539

ZAR

South African rand

8,3192

___________
(1) Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.3152 — ThyssenKrupp/Mercedes Lenkungen) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2003-10-18
Institutions: European Commission
Subjects: economic concentration, exchange of information, iron and steel industry, merger control, motor vehicle industry

18.10.2003

EN

Official Journal of the European Union

C 250/21

Prior notification of a concentration

(Case COMP/M.3152 — ThyssenKrupp/Mercedes Lenkungen)

Candidate case for simplified procedure

(2003/C 250/05)

(Text with EEA relevance)

On 9 October 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 undertaking ThyssenKrupp AG (‘TK’; Germany) through its affiliate ThyssenKrupp Auto-
motive AG (‘TKA’; Germany) acquires, within the meaning of Article 3(1)(b) of the Regulation, control of
the whole of the undertaking Mercedes-Benz Lenkungen (‘MBL’; Germany) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— TK: leads a group of companies mainly active in the production of steel, machinery and components

for the automotive industry,

— TKA: automotive components and spare parts,

— MBL: production and sale of steering gears and steering columns for motor vehicles.

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
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.3152 — ThyssenKrupp/Mercedes Lenkungen, to:

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.
Commission Regulation (EC) No 1839/2003 of 17 October 2003 concerning the 47th special invitation to tender issued under the standing invitation to tender referred to in Regulation (EC) No 2799/1999
Date: 2003-10-18
Institutions: European Commission
Subjects: aid system, award of contract, skimmed milk, skimmed milk powder

L 268/56

EN

Official Journal of the European Union

18.10.2003

COMMISSION REGULATION (EC) No 1839/2003

of 17 October 2003

concerning the 47th special invitation to tender issued under the standing invitation to tender
referred to in Regulation (EC) No 2799/1999

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17
May 1999 on the common organisation of the market in milk
and milk products (1), as last amended by Commission Regula-
tion (EC) No 806/2003 (2), and in particular Article 10 thereof,

Whereas:

(1)

Pursuant to Article 26 of Commission Regulation (EC)
No 2799/1999 of 17 December 1999 laying down
detailed rules for applying Council Regulation (EC) No
1255/1999 as regards the grant of aid for skimmed milk
and skimmed-milk powder intended for animal feed and
the sale of
last
amended by Regulation (EC) No 2238/2002 (4), interven-
tion agencies have put up for sale by standing invitation
to tender certain quantities of skimmed-milk powder
held by them.

such skimmed-milk powder (3), as

(2)

(3)

(4)

According to Article 30 of Regulation (EC) No 2799/
1999, in the light of the tenders received in response to
each individual invitation to tender a minimum selling
price shall be fixed or a decision shall be taken to make
no award.

On the basis of the examination of the offers received,
the tendering procedure should not be proceeded with.

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

For the 47th individual invitation to tender pursuant to Regula-
tion (EC) No 2799/1999, in respect of which the time limit for
the submission of tenders expired on 14 October 2003, no
award shall be made.

This Regulation shall enter into force on 18 October 2003.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 October 2003.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48.
(2) OJ L 122, 16.5.2003, p. 1.
(3) OJ L 340, 31.12.1999, p. 3.
(4) OJ L 341, 17.12.2002, p. 11.
Case T-293/03: Action brought on 21 August 2003 by Carla Giulietti against Commission of the European Communities
Date: 2003-10-18
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), competition (EU), professional experience, recruitment

C 251/20

EN

Official Journal of the European Union

18.10.2003

Pleas in law:

— Breach of the principles of
of
coexistence
the
Community marks
and
national marks and signs
and of the applicant's rights
of defence.

— In the alternative,

infringe-
ment of Article 8(1)(b) of
Regulation (EC) No 40/94.

— annul the belated express rejection by the appointing
authority on 11 June 2003 of the applicant's administra-
tive appeal;

— order the Commission to pay all the costs.

Pleas in law and main arguments

Action brought on 21 August 2003 by Carla Giulietti
against Commission of the European Communities

(Case T-293/03)

(2003/C 251/37)

(Language of the case: French)

The applicant was a candidate in General Competition COM/
A/6/01 to constitute a reserve for the recruitment of adminis-
trators in the fields of external relations and management of
aid to non-member countries. The notice of competition con-
tained the requirement of professional experience at a level
commensurate with that of the duties described, for a mini-
mum period of three years. However, it was stated that officials
and other servants of the European Communities were not
required to have the abovementioned professional experience
if they had served in category B for at least three years and had
successfully completed a university course.

the Commission of

An action against
the European
Communities was brought before the Court of First Instance
of the European Communities on 21 August 2003 by Carla
represented by P.-P. van
Giulietti,
Gehuchten and J. Sambon, lawyers, with an address for service
in Luxembourg.

residing in Brussels,

The applicant claims that the Court should:

— annul the decision taken by the Selection Board in com-
petition COM/A/6/01 to exclude the applicant on the
ground of lack of professional experience, that decision
being contained in the letter from DG ADMIN to the
applicant dated 16 October 2002;

— annul the confirmative decision of 21 November 2002;

Upon submitting her candidature, the applicant submitted as
evidence of her professional experience the fact that she had
served for more than three years as President of
the
Management Board of the Foundation ‘Eau pour le Sahel’. By
the contested decision, the Selection Board excluded her on the
ground that she did not have the professional experience
required.

In support of her action, the applicant claims that the clause
relating to professional experience infringed the principle of
equality owing to the fact that such experience is required only
for external candidates, while it is not a requirement for can-
the
didates who are already officials or other servants of
European Communities. She also alleges infringement of the
principle of legality and a manifest error of assessment in the
application by the Selection Board of the clause relating to
professional experience.
Information relating to the entry into force of the Agreement amending the Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part, on conformity assessment and acceptance of industrial products (PECA)
Date: 2003-10-18
Institutions: Council of the European Union
Subjects: Hungary, approval, association agreement (EU), industrial product

L 268/68

EN

Official Journal of the European Union

18.10.2003

Information relating to the entry into force of the Agreement amending the Protocol to the
Europe Agreement establishing an Association between the European Communities and their
Member States, of the one part, and the Republic of Hungary, of the other part, on conformity
assessment and acceptance of industrial products (PECA)

The Agreement amending the Protocol to the Europe Agreement establishing an Association between the
European Communities and their Member States, of the one part, and the Republic of Hungary, of the
other part, on conformity assessment and acceptance of industrial products (PECA), which the Council
decided to conclude on 22 September 2003 (1), enters into force on 1 November 2003, the procedures
provided for in Article 2 of the Agreement having been completed on 29 September 2003.

(1) OJ L 256, 9.10.2003, p. 20.
Case T-294/03: Action brought on 25 August 2003 by Jean-Louis Gibault against the Commission of the European Communities
Date: 2003-10-18
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), competition (EU), equal treatment, recruitment

18.10.2003

EN

Official Journal of the European Union

C 251/21

Action brought on 25 August 2003 by Jean-Louis Gibault
against the Commission of the European Communities

decision of the Selection Board to exclude the applicant
from the list of successful candidates;

(Case T-294/03)

(2003/C 251/38)

(Language of the case: English)

the Commission of

An action against
the European
Communities was brought before the Court of First Instance
the European Communities on 25 August 2003 by
of
Jean-Louis Gibault, Wattrelos,
represented by
F. Tuytschaever, lawyer.

(France),

The applicant claims that the Court should:

— Annul the open competition COM/A/6/01 in the field of
the

in a subsidiary way, annul

external relations or,

— order the defendant bear the applicant's costs.

Pleas in law and main arguments

In support of his application the applicant invokes an alleged
violation by the Appointing Authority of the duty to give
reasons, as well as of the principle of equal treatment and
more specifically the principle of non-discrimination on the
basis of nationality (Article 27 of the Staff Regulations). In the
context of this latter plea the applicant claims that there are
excessive nationality imbalances between German nationals
and nationals of other Member States in the total number of
successful candidates. According to the applicant, these imbal-
ances could only have resulted from the fact that the nature
and the institutional settings of the examination were such as
to favour German nationals and to put nationals of other
member States at a disadvantage.
Prior notification of a concentration (Case COMP/M.3295 — Atos Origin/Sema Group) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2003-10-18
Institutions: European Commission
Subjects: economic concentration, exchange of information, information technology, merger control, provision of services

C 250/22

EN

Official Journal of the European Union

18.10.2003

Prior notification of a concentration

(Case COMP/M.3295 — Atos Origin/Sema Group)

Candidate case for simplified procedure

(2003/C 250/06)

(Text with EEA relevance)

On 7 October 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 undertaking Atos Origin SA (‘Atos’ — France) acquires within the meaning of Article 3(1)(b)
of the Regulation control of the whole of the France-based Sema Group,
(‘Sema’), belonging to the
Schlumberger Group (US), by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— Atos: provision of IT services;

— Sema: provision of IT services.

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.

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 number
COMP/M.3295 — Atos Origin/Sema Group, 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.
Prior notification of a concentration (Case COMP/M.3279 — Generali/Zurich Financial Services) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2003-10-18
Institutions: European Commission
Subjects: economic concentration, exchange of information, insurance company, life assurance, merger control

18.10.2003

EN

Official Journal of the European Union

C 250/23

Prior notification of a concentration

(Case COMP/M.3279 — Generali/Zurich Financial Services)

Candidate case for simplified procedure

(2003/C 250/07)

(Text with EEA relevance)

On 10 October 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 undertaking Assicurazioni Generali SpA (‘Generali’, Italy) acquires within the meaning of
Article 3(1)(b) of the Regulation, control of parts of the undertaking Zurich Financial Services (‘Zurich
France’, France) by way of purchase of shares and assets.

2.

The business activities of the undertakings concerned are:

— Generali: life and non-life insurance world-wide,

— Zurich France: life and non-life insurance in France.

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
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.3279 — Generali/Zurich Financial Services, to:

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.
Final report of the hearing officer in case COMP/38.044/D3 — NDC/IMS (pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)
Date: 2003-10-18
Institutions: European Commission
Subjects: access to information, competition law, pharmaceutical industry, report, self-employed person

C 250/24

EN

Official Journal of the European Union

18.10.2003

Final report of the hearing officer in case COMP/38.044/D3 — NDC/IMS

(pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms
of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

(2003/C 250/08)

The draft decision in the above-mentioned case gives rise to the following observations.

On 3 July 2001 the Commission adopted an interim measures decision on the basis of Article 3 of
Regulation No 17 of 1962 addressed to IMS Health (‘IMS’). The case had been initiated following a
complaint lodged by NDC Health (‘NDC’).

On 15 April 2003 the Commission sent letters to IMS, NDC and AzyX Deutschland GmbH (‘AzyX’) (AzyX
being the only other competitor to IMS operating at the time of the Commission's decision), requesting
each of them to supply certain information requested by the Commission services, and also inviting them
to submit observations on whether or not the Commission should withdraw its interim measures decision
on the ground of lack of urgency. These letters were sent further to contacts between the Commission
services and IMS and NDC which took place, in particular, following the ruling on appeal of the Frankfurt
Higher Regional Court on the merits of IMS's breach of copyright and unfair action against a subsidiary of
NDC. AzyX responded to the Commission's letter on 9 May. IMS and NDC responded on 12 May.

In the light of the above, I consider the rights to be heard have been respected in this case.

Brussels, 1 August 2003.

Karen WILLIAMS
Case C-389/03: Action brought on 15 September 2003 by the Commission of the European Communities against the Kingdom of Belgium
Date: 2003-10-18
Institutions: Court of Justice
Subjects: Belgium, European Commission, European standard, action for failure to fulfil an obligation, laying poultry, protection of animals

18.10.2003

EN

Official Journal of the European Union

C 251/9

requirements laid down by
same as the express formal
Article 230 EC. Moreover, that excessively restrictive interpre-
tation impairs effective judicial protection.

15 September 2003 by the Commission of the European
Communities, represented by A. Bordes, acting as Agent,
with an address for service in Luxembourg.

the Court of First

Instance considered that

Secondly,
the
requirement of direct and individual concern amounts to
being a requirement that a person should be a ‘party con-
cerned’ within the meaning of Article 88(2) EC; it also took the
view that waiver of the share warrant required by the State aid
package is not sufficient to result in the applicant's being
directly and individually concerned, and wrongly held that
the applicant is trying to obtain compensation for the damage
suffered during the Commission's procedure investigating
whether the measure complied with Community law.

The Commission of the European Communities claims that
the Court should:

1.

declare that, by not adopting the laws, regulations and
administrative provisions necessary to comply with
Council Directive 1999/74/EC of 19 July 1999 laying
down minimum standards for the protection of laying
hens (1), the Kingdom of Belgium has failed to fulfil its
obligations under that directive;

2. order the Kingdom of Belgium to pay the costs.

Action brought on 15 September 2003 by the
Commission of the European Communities against the
Kingdom of Belgium

Pleas in law and main arguments

(Case C-389/03)

(2003/C 251/18)

The time-limit for transposition of the directive expired on
1 January 2002.

An action against the Kingdom of Belgium was brought before
the European Communities on
the Court of

Justice of

(1) OJ 1999 L 203, p. 53.