do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.3227 — Paperlinx/Buhrmann Paper Merchanting Division) (Text with EEA relevance)
Date: 2003-11-15
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, pulp and paper industry

C 274/2

EN

Official Journal of the European Union

15.11.2003

Non-opposition to a notified concentration

(Case COMP/M.3227 — Paperlinx/Buhrmann Paper Merchanting Division)

(2003/C 274/02)

(Text with EEA relevance)

On 10 October 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 303M3227. 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.
Euro exchange rates
Date: 2003-11-15
Institutions: European Commission
Subjects: euro, exchange rate

15.11.2003

EN

Official Journal of the European Union

C 274/1

I

(Information)

COMMISSION

Euro exchange rates (1)

14 November 2003

(2003/C 274/01)

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

1,1765

127,42

7,4395

0,697

8,957

1,5668

88,92

8,215

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

0,58275

HKD

Hong Kong dollar

32,071

NZD

New Zealand dollar

15,6466

SGD

Singapore dollar

Exchange
rate

0,648

0,4282

4,5784

40 005

236,15

40,985

1 731 850

1,6355

1,5292

9,1268

1,8644

2,025

257,88

KRW

South Korean won

1 377,98

3,4525

ZAR

South African rand

7,9322

___________
(1) Source: reference exchange rate published by the ECB.
Removal from the register of Case T-33/01
Date: 2003-11-15
Institutions: Court of First Instance
Subjects: European Commission, United Kingdom, action for annulment (EU), audiovisual industry, exclusive distribution agreement, sporting event

C 275/54

EN

Official Journal of the European Union

15.11.2003

— Breach of the vacancy notice in that the Commission, in
disregard of the decision made by the selection board,
erred in its assessment of the applicant’s professional
qualifications, which perfectly matched the requirements
set out in the vacancy notice and qualified him for
admission also to a Category B post.

— Breach of the principle of legitimate expectations and of

the principles of sound administration.

Removal from the register of Case T-58/02 (1)

(2003/C 275/91)

(Language of the Case: English)

By order of 15 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-58/02:
Kabushiki Kaisha Kenwood v Office for Harmonisation in the
Internal Market.

Removal from the register of Case T-33/01 (1)

(1) OJ C 131 of 1.6.2002.

(2003/C 275/90)

(Language of the Case: English)

By order of 24 June 2003 the President of the Fifth Chamber
of the Court of First Instance of the European Communities
ordered the removal of the name of Kirch Media GmbH & Co
KgaA from the register of Case T-33/01: Kirch Media GmbH
& Co KgaA and Kirchmedia WM AG v Commission of the
European Communities.

(1) OJ C 134 of 5.5.2001.

Removal from the register of Case T-143/03 R (1)

(2003/C 275/92)

(Language of the Case: Dutch)

By order of 17 July 2003 the President of the Court of First
Instance of the European Communities ordered the removal
from the register of Case T-143/03: Elisabeth Saskia Smit v
Europol.

(1) OJ C 63 of 4.3.2000.
Case C-423/03: Action brought on 3 October 2003 by the Commission of the European Communities against the Republic of Finland
Date: 2003-11-15
Institutions: Court of Justice
Subjects: European Commission, Finland, action for failure to fulfil an obligation, environmental protection, environmental risk prevention, genetically modified organism

C 275/42

EN

Official Journal of the European Union

15.11.2003

Action brought on 3 October 2003 by the Commission
of the European Communities against the Republic of
Finland

Action brought on 3 October 2003 by the Commission
of the European Communities against the Kingdom of
Spain

(Case C-423/03)

(2003/C 275/67)

(Case C-424/03)

(2003/C 275/68)

An action against
the Republic of Finland was brought
before the Court of Justice of the European Communities
on 3 October 2003 by the Commission of the European
Communities, represented by U. Wölker and M. Huttunen,
acting as Agents, with an address for service in Luxembourg.

The Commission claims that the Court should:

1. Declare that the Republic of Finland has failed to fulfil its
obligations under Directive 2001/18/EC of the European
Parliament and of the Council of 12 March 2001 on the
deliberate release into the environment of genetically
modified organisms and repealing Council Directive 90/
220/EEC (1), since Finland has not brought into force the
laws, regulations and administrative provisions necessary
to comply with the directive, or at least has not informed
the Commission thereof;

2. Order Finland to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of the directive expired
on 17 October 2002.

(1) OJ L 106 of 17.4.2001, p. 1.

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 3 Octo-
ber 2003 by the Commission of the European Communities,
represented by Gregorio Valero Jordana of the Commission’s
Legal Service, with an address for service in Luxembourg.

The applicant claims that the Court should:

— declare that by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2001/18/EC (1) of the European Parliament and
of the Council of 12 March 2001 on the deliberate release
into the environment of genetically modified organisms
and repealing Council Directive 90/220/EEC, or, in any
event, by failing to notify the Commission thereof, the
Kingdom of Spain has failed to comply with its obli-
gations under that directive;

— order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The period for transposition into national law of the directive
expired on 17 October 2002.

(1) OJ L 106 of 17.4.2001, p. 1.
Removal from the register of Case T-143/03 R
Date: 2003-11-15
Institutions: Court of First Instance
Subjects: Europol, action for annulment (EU), staff, work contract

C 275/54

EN

Official Journal of the European Union

15.11.2003

— Breach of the vacancy notice in that the Commission, in
disregard of the decision made by the selection board,
erred in its assessment of the applicant’s professional
qualifications, which perfectly matched the requirements
set out in the vacancy notice and qualified him for
admission also to a Category B post.

— Breach of the principle of legitimate expectations and of

the principles of sound administration.

Removal from the register of Case T-58/02 (1)

(2003/C 275/91)

(Language of the Case: English)

By order of 15 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-58/02:
Kabushiki Kaisha Kenwood v Office for Harmonisation in the
Internal Market.

Removal from the register of Case T-33/01 (1)

(1) OJ C 131 of 1.6.2002.

(2003/C 275/90)

(Language of the Case: English)

By order of 24 June 2003 the President of the Fifth Chamber
of the Court of First Instance of the European Communities
ordered the removal of the name of Kirch Media GmbH & Co
KgaA from the register of Case T-33/01: Kirch Media GmbH
& Co KgaA and Kirchmedia WM AG v Commission of the
European Communities.

(1) OJ C 134 of 5.5.2001.

Removal from the register of Case T-143/03 R (1)

(2003/C 275/92)

(Language of the Case: Dutch)

By order of 17 July 2003 the President of the Court of First
Instance of the European Communities ordered the removal
from the register of Case T-143/03: Elisabeth Saskia Smit v
Europol.

(1) OJ C 63 of 4.3.2000.
Case C-424/03: Action brought on 3 October 2003 by the Commission of the European Communities against the Kingdom of Spain
Date: 2003-11-15
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, environmental protection, environmental risk prevention, genetically modified organism

C 275/42

EN

Official Journal of the European Union

15.11.2003

Action brought on 3 October 2003 by the Commission
of the European Communities against the Republic of
Finland

Action brought on 3 October 2003 by the Commission
of the European Communities against the Kingdom of
Spain

(Case C-423/03)

(2003/C 275/67)

(Case C-424/03)

(2003/C 275/68)

An action against
the Republic of Finland was brought
before the Court of Justice of the European Communities
on 3 October 2003 by the Commission of the European
Communities, represented by U. Wölker and M. Huttunen,
acting as Agents, with an address for service in Luxembourg.

The Commission claims that the Court should:

1. Declare that the Republic of Finland has failed to fulfil its
obligations under Directive 2001/18/EC of the European
Parliament and of the Council of 12 March 2001 on the
deliberate release into the environment of genetically
modified organisms and repealing Council Directive 90/
220/EEC (1), since Finland has not brought into force the
laws, regulations and administrative provisions necessary
to comply with the directive, or at least has not informed
the Commission thereof;

2. Order Finland to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of the directive expired
on 17 October 2002.

(1) OJ L 106 of 17.4.2001, p. 1.

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 3 Octo-
ber 2003 by the Commission of the European Communities,
represented by Gregorio Valero Jordana of the Commission’s
Legal Service, with an address for service in Luxembourg.

The applicant claims that the Court should:

— declare that by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2001/18/EC (1) of the European Parliament and
of the Council of 12 March 2001 on the deliberate release
into the environment of genetically modified organisms
and repealing Council Directive 90/220/EEC, or, in any
event, by failing to notify the Commission thereof, the
Kingdom of Spain has failed to comply with its obli-
gations under that directive;

— order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The period for transposition into national law of the directive
expired on 17 October 2002.

(1) OJ L 106 of 17.4.2001, p. 1.
Commission Regulation (EC) No 2019/2003 of 14 November 2003 fixing the maximum export refund on wholly milled round grain, medium grain and long grain A rice to be exported to certain third countries in connection with the invitation to tender issued in Regulation (EC) No 1876/2003
Date: 2003-11-15
Institutions: European Commission
Subjects: award of contract, export refund, rice, third country

15.11.2003

EN

Official Journal of the European Union

L 297/31

COMMISSION REGULATION (EC) No 2019/2003

of 14 November 2003

fixing the maximum export refund on wholly milled round grain, medium grain and long grain A
rice to be exported to certain third countries in connection with the invitation to tender issued in
Regulation (EC) No 1876/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 3072/95 of 22
December 1995 on the common organisation of the market in
rice (1), as last amended by Commission Regulation (EC) No
411/2002 (2), and in particular Article 13(3) thereof,

(3)

(4)

The application of the abovementioned criteria to the
current market situation for the rice in question results
in the maximum export
the
amount specified in Article 1.

refund being fixed at

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

Whereas:

(1)

(2)

An invitation to tender for the export refund on rice was
issued pursuant
to Commission Regulation (EC) No
1876/2003 (3).

Article 5 of Commission Regulation (EEC) No 584/
75 (4), as last amended by Regulation (EC) No 1948/
2002 (5), allows the Commission to fix,
in accordance
with the procedure laid down in Article 22 of Regula-
tion (EC) No 3072/95 and on the basis of the tenders
submitted, a maximum export refund.
In fixing this
maximum, the criteria provided for in Article 13 of
Regulation (EC) No 3072/95 must be taken into
account. A contract is awarded to any tenderer whose
tender is equal to or less than the maximum export
refund.

HAS ADOPTED THIS REGULATION:

Article 1

The maximum export refund on wholly milled grain, medium
grain and long grain A rice to be exported to certain third
countries pursuant to the invitation to tender issued in Regula-
tion (EC) No 1876/2003 is hereby fixed on the basis of the
tenders submitted from 10 to 13 November 2003 at 158,00
EUR/t.

Article 2

This Regulation shall enter into force on 15 November 2003.

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

Done at Brussels, 14 November 2003.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 329, 30.12.1995, p. 18.
(2) OJ L 62, 5.3.2002, p. 27.
(3) OJ L 275, 25.10.2003, p. 17.
(4) OJ L 61, 7.3.1975, p. 25.
(5) OJ L 299, 1.11.2002, p. 18.
Removal from the register of Case T-58/02
Date: 2003-11-15
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), trade-mark law

C 275/54

EN

Official Journal of the European Union

15.11.2003

— Breach of the vacancy notice in that the Commission, in
disregard of the decision made by the selection board,
erred in its assessment of the applicant’s professional
qualifications, which perfectly matched the requirements
set out in the vacancy notice and qualified him for
admission also to a Category B post.

— Breach of the principle of legitimate expectations and of

the principles of sound administration.

Removal from the register of Case T-58/02 (1)

(2003/C 275/91)

(Language of the Case: English)

By order of 15 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-58/02:
Kabushiki Kaisha Kenwood v Office for Harmonisation in the
Internal Market.

Removal from the register of Case T-33/01 (1)

(1) OJ C 131 of 1.6.2002.

(2003/C 275/90)

(Language of the Case: English)

By order of 24 June 2003 the President of the Fifth Chamber
of the Court of First Instance of the European Communities
ordered the removal of the name of Kirch Media GmbH & Co
KgaA from the register of Case T-33/01: Kirch Media GmbH
& Co KgaA and Kirchmedia WM AG v Commission of the
European Communities.

(1) OJ C 134 of 5.5.2001.

Removal from the register of Case T-143/03 R (1)

(2003/C 275/92)

(Language of the Case: Dutch)

By order of 17 July 2003 the President of the Court of First
Instance of the European Communities ordered the removal
from the register of Case T-143/03: Elisabeth Saskia Smit v
Europol.

(1) OJ C 63 of 4.3.2000.
Commission Regulation (EC) No 2017/2003 of 14 November 2003 fixing the maximum subsidy on exports of husked long grain rice B to Réunion pursuant to the invitation to tender referred to in Regulation (EC) No 1878/2003
Date: 2003-11-15
Institutions: European Commission
Subjects: Réunion, award of contract, export subsidy, rice

15.11.2003

EN

Official Journal of the European Union

L 297/29

COMMISSION REGULATION (EC) No 2017/2003

of 14 November 2003

fixing the maximum subsidy on exports of husked long grain rice B to Réunion pursuant to the
invitation to tender referred to in Regulation (EC) No 1878/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European
Community,

Having regard to Council Regulation (EC) No 3072/95 of 22
December 1995 on the common organisation of the market in
rice (1), as last amended by Commission Regulation (EC) No
411/2002 (2), and in particular Article 10(1) thereof,

Having regard to Commission Regulation (EEC) No 2692/89 of
6 September 1989 laying down detailed rules for exports of
rice to Réunion (3) as amended by Regulation (EC) No 1453/
1999 (4), and in particular Article 9(1) thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 1878/2003 (5) opens an
invitation to tender for the subsidy on rice exported to
Réunion.

Article 9 of Regulation (EEC) No 2692/89 allows the
Commission to fix,
in accordance with the procedure
laid down in Article 22 of Regulation (EC) No 3072/95
and on the basis of the tenders submitted, a maximum
subsidy.

(3)

(4)

The criteria laid down in Articles 2 and 3 of Regulation
(EEC) No 2692/89 should be taken into account when
fixing this maximum subsidy. Successful tenderers shall
be those whose bids are at or below the level of the
maximum subsidy.

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

HAS ADOPTED THIS REGULATION:

Article 1

A maximum subsidy on exports to Réunion of husked long
grain rice B falling within CN code 1006 20 98 is hereby set
on the basis of the tenders lodged from 10 to 13 November
2003 at 301,00 EUR/t pursuant to the invitation to tender
referred to in Regulation (EC) No 1878/2003.

This Regulation shall enter into force on 15 November 2003.

Article 2

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

Done at Brussels, 14 November 2003.

For the Commission

Franz FISCHLER

Member of the Commission

(1) OJ L 329, 30.12.1995, p. 18.
(2) OJ L 62, 5.3.2002, p. 27.
(3) OJ L 261, 7.9.1989, p. 8.
(4) OJ L 167, 2.7.1999, p. 19.
(5) OJ L 275, 25.10.2003, p. 23.
Case T-324/03: Action brought on 15 September 2003 by Heinrich Winter against Commission of the European Communities
Date: 2003-11-15
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), promotion, staff assessment

C 275/52

EN

Official Journal of the European Union

15.11.2003

Community trade mark Word mark ‘LA BARONNIE’ —
Application No. 2 057 487 for
sought:
products in Class 33 (alcoholic
beverages, except beers).

— annul the decision of the Commission not to include his
name on the list of promoted officials published in AN
No 2002-69 of 14 August 2002;

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

Mark or sign cited in
opposition:

The applicant.

— order the Commission to pay him token damages of
EUR 1 for the damage suffered by him as a result of the
failure to draw up the staff report for the period 1997 to
1999;

National word mark ‘BARONIA’
for products covered by Class 33
(‘wines of all types’).

— order the Commission to pay the costs.

Decision of the Oppo-
sition Division:

Opposition refused.

Decision of the Board of
Appeal:

Appeal dismissed.

Pleas in law:

application

of
Incorrect
Article 8(1)(b) of Regulation (EC)
No 40/94 (likelihood of con-
fusion).

Pleas in law and main arguments

In support of his application, the applicant alleges infringement
of Article 45 of the Staff Regulations, breach of the principle
of equal treatment and non-discrimination and manifest error
of assessment.

Action brought on 15 September 2003 by Heinrich
Winter against Commission of the European Commu-
nities

(Case T-324/03)

(2003/C 275/87)

(Language of the case: French)

Action brought on 25 September 2003 by O2 (Germany)
GmbH & Co. OHG against Commission of the European
Communities

(Case T-328/03)

(2003/C 275/88)

(Language of the case: English)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 15 September 2003 by Heinrich
Winter, residing in Overijse (Belgium), represented by Sébasti-
Jean-Noël Louis and Étienne
en Orlandi, Albert Coolen,
Marchal, lawyers.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 25 September 2003 by O2 (Germ-
any) GmbH & Co. OHG, Munich, Germany, represented by Mr
N. Green QC, Mr K. Bacon, Barrister, Mr B. Amory, lawyer and
Ms Francesca Marchini Camia, lawyer.

The applicant claims that the Court should:

The applicant claims that the Court should:

— annul articles 2 and 3(a) of the Commission Decision of

16 July 2003 in case COMP/38.369;

— annul the decision of the Commission not to include his
name on the list of officials deemed to be most deserving
of promotion to Grade A 4 for the 2002 promotions
procedure published in Administrative Notices (AN)
No 2002-68 of 12 August 2002;

— order the Commission to pay the applicant’s costs;

— make any such further order as the Court deems appro-

priate.