do-me/EUR-LEX huggingface dataset:
Removal from the register of Case T-318/99
Date: 2003-11-01
Institutions: Court of First Instance
Subjects: European Commission, Netherlands, State aid, action for annulment (EU), distributive trades, petrol

C 264/40

EN

Official Journal of the European Union

1.11.2003

Removal from the register of Case T-288/99 (1)

Removal from the register of Case T-111/03 (1)

(2003/C 264/70)

(Language of the case: Dutch)

(2003/C 264/72)

(Language of the case: French)

By order of 2 September 2003 the President of the Second
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-288/99: Evers V.O.F. v Commission of the European Com-
munities.

(1) OJ C 63 of 4.3.2000.

By order of 16 July 2003 the President of the Second Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-111/03:
Michel Nolin v Commission of the European Communities.

(1) OJ C 124 of 24.5.2003.

Removal from the register of Case T-318/99 (1)

(2003/C 264/71)

(Language of the case: Dutch)

By order of 2 September 2003 the President of the Second
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-318/99: Avia Nederland Coöperatie U.A. v Commission of
the European Communities.

(1) OJ C 63 of 4.3.2000.

Removal from the register of Case T-249/03 R

(2003/C 264/73)

(Language of the case: French)

By order of 5 August 2003 the President of the Court of First
Instance of the European Communities ordered the removal
from the register of Case T-249/03 R: Y v Commission of the
European Communities.
Prior notification of a concentration (Case COMP/M.3307 — Cap Gemini/Transiciel) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2003-11-01
Institutions: European Commission
Subjects: economic concentration, exchange of information, information technology, merger control, provision of services

1.11.2003

EN

Official Journal of the European Union

C 263/7

Prior notification of a concentration

(Case COMP/M.3307 — Cap Gemini/Transiciel)

Candidate case for simplified procedure

(2003/C 263/05)

(Text with EEA relevance)

On 22 October 2003, the Commission received a notification of a proposed concentration pursuant
1.
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 Cap Gemini
(France), acquires, within the meaning of
Article 3(1)(b) of the Regulation, control of the whole of the France-based Transiciel group (France), by
way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— Cap Gemini: provision of IT services,

— Transiciel: 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 Regu-
lation (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 by fax (No (32-2) 296 43 01 or 296 72 44) or by post, under reference
COMP/M.3307 — Cap Gemini/Transiciel, 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.
Removal from the register of Case T-111/03
Date: 2003-11-01
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), administrator, equal treatment, infringement of EU law, promotion

C 264/40

EN

Official Journal of the European Union

1.11.2003

Removal from the register of Case T-288/99 (1)

Removal from the register of Case T-111/03 (1)

(2003/C 264/70)

(Language of the case: Dutch)

(2003/C 264/72)

(Language of the case: French)

By order of 2 September 2003 the President of the Second
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-288/99: Evers V.O.F. v Commission of the European Com-
munities.

(1) OJ C 63 of 4.3.2000.

By order of 16 July 2003 the President of the Second Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-111/03:
Michel Nolin v Commission of the European Communities.

(1) OJ C 124 of 24.5.2003.

Removal from the register of Case T-318/99 (1)

(2003/C 264/71)

(Language of the case: Dutch)

By order of 2 September 2003 the President of the Second
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-318/99: Avia Nederland Coöperatie U.A. v Commission of
the European Communities.

(1) OJ C 63 of 4.3.2000.

Removal from the register of Case T-249/03 R

(2003/C 264/73)

(Language of the case: French)

By order of 5 August 2003 the President of the Court of First
Instance of the European Communities ordered the removal
from the register of Case T-249/03 R: Y v Commission of the
European Communities.
Case T-243/03: Action brought on 27 June 2003 by Guardant, Inc. against the Office for Harmonisation in the Internal Market
Date: 2003-11-01
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), air transport, carriage of goods, carriage of passengers, trade-mark law

1.11.2003

EN

Official Journal of the European Union

C 264/27

COURT OF FIRST INSTANCE

Action brought on 27 June 2003 by Guardant, Inc. against
the Office for Harmonisation in the Internal Market

Grounds of claim:

(Case T-243/03)

(2003/C 264/48)

(Language of the case: English)

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 27 June 2003 by Guardant, Inc.,
Atlanta (USA), represented by G. Farrington, Solicitor.

The applicant claims that the Court should:

— The mark applied for is not
devoid of any distinctive
character within the mean-
ing of Article 7(1)(b) of
Regulation (EC) No 40/
94 (1).

— The mark applied for is not
the
of
normal means
designating services in the
field of transportation, stor-
age and travel.

(1) Council Regulation (EC) No 40/94 of 20.12.1993 on the Com-

munity trade mark (OJ L 11, p. 1).

— annul the decision of the Defendant’s Second Board of

Appeal of 28 April 2003;

Action brought on 21 July 2003 by ‘Z’ against the
Commission of the European Communities

— order the Defendant to remit the application to its
Examination Division for re-examination of Community
Trade Mark number 1713213;

— order the Defendant to pay the costs.

Pleas in law and main arguments

The trade mark con-
cerned:

The word mark ‘PENSAMOS MÁS
EN USTED’ — application
No 1713213

Goods or service con-
cerned:

Services in Class 39 (transpor-
tation, storage and travel services;
transportation of passengers and
cargo, frequent flyer bonus pro-
grams)

Decision
before
Appeal:

contested
the Board of

Refusal of
examiner

registration by the

(Case T-259/03)

(2003/C 264/49)

(Language of the case: Greek)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 21 July 2003 by ‘Z’, resident in
Athens, Greece, represented by Vasilios Christianos, lawyer,
with an address for service in Luxembourg.

The applicant claims that the Court should:

— order the defendant to pay to her by way of damages,
with interest from the time at which the damage or
harm arose,
the sum of EUR 900 000, comprising
EUR 700 000 for non-material damage which she has
suffered and EUR 200 000 for harm suffered to her
health;

Decision of the Board of
Appeal:

Dismissal of the appeal

— order the defendant to pay the applicant’s costs.
Euro exchange rates
Date: 2003-11-01
Institutions: European Commission
Subjects: euro, exchange rate

1.11.2003

EN

Official Journal of the European Union

C 263/1

I

(Information)

COMMISSION

Euro exchange rates (1)

31 October 2003

(2003/C 263/01)

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

1,1622

126,72

7,4338

0,6863

9,0474

1,5506

88,79

8,211

1,9485

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

0,58316

HKD

Hong Kong dollar

32,035

NZD

New Zealand dollar

15,6466

SGD

Singapore dollar

Exchange
rate

0,6457

0,4265

4,7002

39 487

235,8

41,4

1 725 367

1,6464

1,5306

9,0257

1,9022

2,0214

259,26

KRW

South Korean won

1 375,46

3,4525

ZAR

South African rand

8,0288

___________
(1) Source: reference exchange rate published by the ECB.
Judgment of the Court (Sixth Chamber) of 11 September 2003 in Case C-197/99 P: Kingdom of Belgium v Commission of the European Communities (Appeal — ECSC Treaty — State aid — Fifth Steel Aid Code — Commission Decision 97/271/ECSC prohibiting certain financial assistance to a steel undertaking — Article 33 of the ECSC Treaty — Infringement)
Date: 2003-11-01
Institutions: Court of Justice
Subjects: Belgium, appeal, credit guarantee, industrial credit, iron and steel industry

1.11.2003

EN

Official Journal of the European Union

C 264/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Sixth Chamber)

of 11 September 2003

established in Clabecq (Belgium), applicant at first instance, the
Court (Sixth Chamber), composed of: J.-P. Puissochet, President
of the Chamber, C. Gulmann, F. Macken (Rapporteur), N. Col-
neric and J.N. Cunha Rodrigues, Judges; P. Léger, Advocate
General; R. Grass, Registrar, has given a judgment on 11 Sep-
tember 2003, in which it:

in Case C-197/99 P: Kingdom of Belgium v Commission
of the European Communities (1)

1.

the Court of First Instance of
Sets aside the judgment of
25 March 1999 in Case T-37/97 Forges de Clabecq v
Commission, in so far as:

(Appeal — ECSC Treaty — State aid — Fifth Steel Aid
Code — Commission Decision 97/271/ECSC prohibiting
certain financial assistance to a steel undertaking —
Article 33 of the ECSC Treaty — Infringement)

(2003/C 264/01)

(Language of the case: French)

— it distorted the scope of Commission Decision 97/271/
ECSC of 18 December 1996, ECSC steel — Forges de
Clabecq declaring that certain financial assistance granted
to Forges de Clabecq was incompatible with the internal
market,

— it is vitiated by a failure to state reasons, in breach of
Article 30 and the first paragraph of Article 46 of the
ECSC Statute of the Court of Justice;

(Provisional translation; the definitive translation will be published
in the European Court Reports)

2. Dismisses the remainder of the appeal;

In Case C-197/99 P, Kingdom of Belgium (Agent: A. Snoecx,
assisted by J.-M. De Backer, G. Vandersanden and L. Levi),
le financement de
supported by Compagnie belge pour
l’industrie SA (Belfin), represented by M. van der Haegen,
D. Waelbroeck and A. Fontaine, avocats, with an address for
service in Luxembourg: Appeal against the judgment of the
Court of First Instance of the European Communities (Fourth
Chamber, Extended Composition) of 25 March 1999 in Case
T-37/97 Forges de Clabecq v Commission [1999] ECR II-859,
seeking to have that judgment set aside, the other parties
to the proceedings being: Commission of
the European
Communities, represented by G. Rozet, acting as Agent, with
an address for service in Luxembourg, defendant at
first
instance, Forges de Clabecq SA, a company in receivership

3. Dismisses the action for annulment brought by Forges de

Clabecq SA;

4. Orders the Kingdom of Belgium,

the
European Communities and the Compagnie belge pour le
financement de l’industrie SA to bear the costs they incurred
before the Court of Justice.

the Commission of

(1) OJ C 281 of 2.10.1999.
Case C-395/03: Action brought on 19 September 2003 by the Commission of the European Communities against the Kingdom of the Netherlands
Date: 2003-11-01
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, biotechnology, invention, patent, patent law

C 264/26

EN

Official Journal of the European Union

1.11.2003

Action brought on 19 September 2003 by the Com-
the
mission of

the European Communities against
Kingdom of the Netherlands

Removal from the register of Case C-214/02 (1)

(2003/C 264/45)

(Case C-395/03)

(2003/C 264/44)

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities on
19 September 2003 by the Commission of the European
Communities, represented by W. Wils and K. Banks, acting as
Agents.

By order of 26 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-214/02 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat des Landes
Vorarlberg): Gerhard Lintschinger.

(1) OJ C 180 of 27.7.2002.

Removal from the register of Case C-219/02 (1)

The applicant claims that the Court should:

(2003/C 264/46)

1. Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to give effect
to
Directive 98/44/EC (1) of the European Parliament and of
the Council of 6 July 1998 on the legal protection of
biotechnological inventions, or in any event by failing to
inform the Commission of those provisions, the Kingdom
of the Netherlands has failed to fulfil its obligations under
that directive;

2. Order the Kingdom of the Netherlands to pay the costs.

By order of 26 June 2003 the President of the Court of Justice
of the European Communities ordered the removal from the
register of Case C-219/02: Commission of the European
Communities v Hellenic Republic.

(1) OJ C 191 of 10.8.2002.

Pleas in law and main arguments

(2003/C 264/47)

Removal from the register of Joined Cases C-242/02 and
C-243/02 (1)

The period within which the directive had to be transposed
expired on 30 July 2000.

(1) OJ L 213 of 30.7.1998, p. 13.

By order of 26 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Joined Cases C-214/02 and C-243/02
(Reference for a preliminary ruling by the Unabhängiger
Verwaltungssenat des Salzburg): Manfred Hückel.

(1) OJ C 247 of 12.10.2002.
Corrigendum to Commission Decision 2003/754/EC of 26 June 2002 declaring a merger to be compatible with the common market and the EEA Agreement (Case COMP/M.2650 — Haniel/Cementbouw/JV (CVK)) (OJ L 282 of 30.10.2003)
Date: 2003-11-01
Institutions: European Commission
Subjects: building materials, competition law, economic concentration, merger control

L 285/52

EN

Official Journal of the European Union

1.11.2003

CORRIGENDA

Corrigendum to Commission Decision 2003/754/EC of 26 June 2002 declaring a merger to be compatible with
the common market and the EEA Agreement (Case COMP/M.2650 — Haniel/Cementbouw/JV (CVK))

(Official Journal of the European Union L 282 of 30 October 2003)

On the cover page and on page 1:

for:
read:

‘2003/754/EC’,
‘2003/756/EC’.

Corrigendum to Commission Decision 2003/755/EC of 17 February 2003 on the aid scheme implemented by
Belgium for coordination centres established in Belgium

(Official Journal of the European Union L 282 of 30 October 2003)

On the cover page and on page 25:

for:
read:

‘2003/755/EC’,
‘2003/757/EC’.
Removal from the register of Case T-250/99
Date: 2003-11-01
Institutions: Court of First Instance
Subjects: European Commission, Netherlands, State aid, action for annulment (EU), distributive trades, petrol

1.11.2003

EN

Official Journal of the European Union

C 264/39

Action brought on 12 September 2003 by Wassen Inter-
national Limited against the Office for Harmonisation in
the Internal Market

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

Stroschein Gesundkost GmbH

(Case T-312/03)

(2003/C 264/68)

(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)

Mark or sign cited in
opposition:

The national figurative mark Sel-
enium Spezial A-C-E and device
for goods in class 5 and 30 (Non-
medical and non-pharmaceutical
preparations on the basis of
starch, calcium salts, magnesium
stearate and yeast as nutritional
additives)

Decision of the Oppo-
sition Division:

Rejection of the Community trade
mark application and upholding
of the opposition

An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 12 September 2003 by Wassen
International Limited, Leatherhead (United Kingdom), rep-
resented by M. Edenborough, Barrister. Stroschein Gesundkost
GmbH was also a party to the proceedings before the Board of
Appeal.

Decision of the Board of
Appeal:

Pleas in law:

Dismissal of the appeal lodged by
the applicant for the community
trade mark, Wassen International
Limited

The applicant invokes an infringe-
ment of regulation No 40/94 (1)
the contested decision
in that
determined that there existed a
likelihood of confusion between
the marks.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ L 11, p. 1).

The applicant claims that the Court should:

— allow the appeal by the applicant to the Court of First

Instance;

— remit

the Community

application
No 1083567 to the Office so as to allow it to proceed to
registration;

trade mark

— annul the decision of the Opposition Division No 2920/

2001;

— annul the decision of the Fourth Board of Appeal No

Removal from the register of Case T-250/99 (1)

R 0121/2002-4;

— order the opponent to pay to the applicant the costs
incurred by the applicant in connection with this appeal
and the appeal before the Board of Appeal and the
opposition before the Opposition Division.

(2003/C 264/69)

(Language of the case: Dutch)

Pleas in law and main arguments

Applicant for the Com- Wassen International Limited
munity trade mark:

By order of 2 September 2003 the President of the Second
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-250/99: Shell Nederland Verkoopmaatschappij B.V. v Com-
mission of the European Communities.

The Community trade
mark sought:

The word mark ‘SELENIUM-ACE’
for goods in class 3 and 5 (cos-
metics, soaps, lotions, nutritional
supplements, vitamins, ...)

(1) OJ C 20 of 22.1.2000.
Removal from the register of Case T-288/99
Date: 2003-11-01
Institutions: Court of First Instance
Subjects: Germany, Netherlands, State aid, distributive trades, frontier region, motor fuel

C 264/40

EN

Official Journal of the European Union

1.11.2003

Removal from the register of Case T-288/99 (1)

Removal from the register of Case T-111/03 (1)

(2003/C 264/70)

(Language of the case: Dutch)

(2003/C 264/72)

(Language of the case: French)

By order of 2 September 2003 the President of the Second
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-288/99: Evers V.O.F. v Commission of the European Com-
munities.

(1) OJ C 63 of 4.3.2000.

By order of 16 July 2003 the President of the Second Chamber
of the Court of First Instance of the European Communities
ordered the removal from the register of Case T-111/03:
Michel Nolin v Commission of the European Communities.

(1) OJ C 124 of 24.5.2003.

Removal from the register of Case T-318/99 (1)

(2003/C 264/71)

(Language of the case: Dutch)

By order of 2 September 2003 the President of the Second
Chamber of the Court of First Instance of the European
Communities ordered the removal from the register of Case
T-318/99: Avia Nederland Coöperatie U.A. v Commission of
the European Communities.

(1) OJ C 63 of 4.3.2000.

Removal from the register of Case T-249/03 R

(2003/C 264/73)

(Language of the case: French)

By order of 5 August 2003 the President of the Court of First
Instance of the European Communities ordered the removal
from the register of Case T-249/03 R: Y v Commission of the
European Communities.
Removal from the register of Case C-214/02
Date: 2003-11-01
Institutions: Court of Justice
Subjects: advertising, consumer information, consumer protection, foodstuff, interpretation of the law, labelling, marketing

C 264/26

EN

Official Journal of the European Union

1.11.2003

Action brought on 19 September 2003 by the Com-
the
mission of

the European Communities against
Kingdom of the Netherlands

Removal from the register of Case C-214/02 (1)

(2003/C 264/45)

(Case C-395/03)

(2003/C 264/44)

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities on
19 September 2003 by the Commission of the European
Communities, represented by W. Wils and K. Banks, acting as
Agents.

By order of 26 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Case C-214/02 (Reference for a preliminary
ruling by the Unabhängiger Verwaltungssenat des Landes
Vorarlberg): Gerhard Lintschinger.

(1) OJ C 180 of 27.7.2002.

Removal from the register of Case C-219/02 (1)

The applicant claims that the Court should:

(2003/C 264/46)

1. Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to give effect
to
Directive 98/44/EC (1) of the European Parliament and of
the Council of 6 July 1998 on the legal protection of
biotechnological inventions, or in any event by failing to
inform the Commission of those provisions, the Kingdom
of the Netherlands has failed to fulfil its obligations under
that directive;

2. Order the Kingdom of the Netherlands to pay the costs.

By order of 26 June 2003 the President of the Court of Justice
of the European Communities ordered the removal from the
register of Case C-219/02: Commission of the European
Communities v Hellenic Republic.

(1) OJ C 191 of 10.8.2002.

Pleas in law and main arguments

(2003/C 264/47)

Removal from the register of Joined Cases C-242/02 and
C-243/02 (1)

The period within which the directive had to be transposed
expired on 30 July 2000.

(1) OJ L 213 of 30.7.1998, p. 13.

By order of 26 March 2003 the President of the Court of
Justice of the European Communities ordered the removal
from the register of Joined Cases C-214/02 and C-243/02
(Reference for a preliminary ruling by the Unabhängiger
Verwaltungssenat des Salzburg): Manfred Hückel.

(1) OJ C 247 of 12.10.2002.