do-me/EUR-LEX huggingface dataset:
Final Report of the Hearing Officer in Case COMP/C-3/37.980 — Souris/Topps (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: 2004-05-13
Institutions: European Commission
Subjects: access to information, audit, dominant position, gaming, merger control, restriction on competition, restrictive trade practice

C 303/6

EN

Official Journal of the European Union

13.12.2006

Final Report of the Hearing Officer in Case COMP/C-3/37.980 — Souris/Topps

(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)

(2006/C 303/05)

The draft decision in this case gives rise to the following observations:

The case was initiated following a complaint by S.A.R.L La Souris Bleue on 3 October 2000.

On 16 June 2003 the Commission addressed the Statement of Objections to The Topps Company Inc
(‘Topps USA’), Topps Europe Limited, Topps International Limited, Topps UK Limited, and Topps Italia
SRL.

The addressees were given two months to reply to the Statement of Objections.

On 25 June and 24 July 2003 I received requests from the legal representatives of all the companies
concerned for an extension of the deadline. They have been granted an extension of one month.

The European subsidiaries were given access to the file on 3 July 2003. Topps USA was given access to the
file on 13 August 2003.

All addressees replied on 18 September 2003 and requested an oral hearing pursuant to Article 5 of
Commission Regulation (EC) No 2842/98, which took place on 23 October 2003.

The complainant did not request to participate to the oral hearing.

In the light of the above, I consider that the rights to be heard have been respected in the present case. The
draft decision deals only with objections in respect of which the parties have been afforded the opportunity
of making known their views.

Brussels, 13 May 2004

Serge DURANDE
Request for an Advisory Opinion from the EFTA Court by Gulating lagmannsrett by decision of that court of 3 May 2004 in the case of Reidar Rasmussen m.fl. v Total  E&P Norge AS (Case E-2/04)
Date: 2004-05-13
Institutions: EFTA Court
Subjects: EFTA Court, European Economic Area, interpretation of the law, labour law, transfer of businesses

17.2.2005

EN

Official Journal of the European Union

C 40/15

Request for an Advisory Opinion from the EFTA Court by Gulating lagmannsrett by decision of
that court of 3 May 2004 in the case of Reidar Rasmussen m.fl. v Total E&P Norge AS

(Case E-2/04)

(2005/C 40/08)

A request has been made to the EFTA Court by decision of 3 May 2004 of Gulating lagmannsrett (Gulating
Court of Appeal), Bergen, Norway, which was received at the Court Registry on 13 May 2004, for an Advi-
sory Opinion in the case of Reidar Rasmussen m.fl. v Total E&P Norge AS, on the following questions:

1. Is Article 1 of Council Directive 77/187/EEC of 14 February 1977 applicable in a situation where part
of an undertaking, provided that it is organised as an independent economic entity, is handed over
from one company to another, and where the same or corresponding activities are carried out by the
acquiring company and an affiliated company within the same group of companies? Does the fact that
some working relationships are directly handed over from the transferor to the acquiring company and
others to its affiliated company preclude application of the Directive?

2. Is application of the Directive pursuant to Article 1 precluded in the event that the maintenance and
support functions of the undertaking are handed over while the production function is not, and the
employees of all these functions work as a team both before and after the transfer?

3. Is the Directive applicable pursuant to Article 1 in the event of a handover of maintenance tasks on a
fixed offshore installation for gas production where a considerable part, in terms of numbers and quali-
fications, of the workforce which performed this function with the transferor, is handed over to an
acquirer that continues to carry out these maintenance tasks on the same installations under a service
contract? Is application of the Directive precluded if the ownership of the tools and instruments which
the maintenance staff used before the handover, and which they have continued to use after the hand-
over, is not taken over by the acquirer?

4. Does it follow from Article 3(1) of the Directive that employment relationships are transferred to the
transferee simultaneously with and by virtue of the transfer of the undertaking for those employees
who have not, prior to the time of transfer, declared that they do not wish to work for the transferee?
Commission Regulation (EC) No 971/2004 of 13 May 2004 fixing the maximum export refund for skimmed milk powder in the framework of the standing invitation to tender provided for in Regulation (EC) No 582/2004
Date: 2004-05-13
Institutions: European Commission
Subjects: award of contract, export refund, skimmed milk powder

L 179/14

EN

Official Journal of the European Union

14.5.2004

COMMISSION REGULATION (EC) No 971/2004

of 13 May 2004

fixing the maximum export refund for skimmed milk powder in the framework of the standing
invitation to tender provided for in Regulation (EC) No 582/2004

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

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), and in particular the third subparagraph
of Article 31(3) thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 582/2004 of 26 March
2004 opening a standing invitation to tender for export
refunds for skimmed milk powder (2) provides for a
permanent tender.

Pursuant to Article 5 of Commission Regulation (EC) No
580/2004 of 26 March 2004 establishing a tender
procedure concerning export refunds for certain milk
products (3)
and following an examination of
the
submitted in response to the invitation to
tenders

tender,
is appropriate to fix a maximum export
refund for the tendering period ending on 12 May 2004.

it

(3)

The Management Committee for Milk and Milk Products
has not delivered an opinion within the time limit set by
its chairman,

HAS ADOPTED THIS REGULATION:

Article 1

For the permanent tender opened by Regulation (EC) No 582/
2004, for the tendering period ending on 12 May 2004, the
maximum amount of refund for the product and destinations
referred to in Article 1(1) of
that Regulation shall be
EUR 36,50/100 kg.

Article 2

This Regulation shall enter into force on 14 May 2004.

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

Done at Brussels, 13 May 2004.

For the Commission

Franz FISCHLER
Member of the Commission

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by
Commission Regulation (EC) No 186/2004 (OJ L 29, 3.2.2004, p. 6).

(2) OJ L 90, 27.3.2004, p. 67.
(3) OJ L 90, 27.3.2004, p. 58.
Commission Regulation (EC) No 970/2004 of 13 May 2004 fixing the maximum export refund for butter in the framework of the standing invitation to tender provided for in Regulation (EC) No 581/2004
Date: 2004-05-13
Institutions: European Commission
Subjects: award of contract, butter, export refund

L 179/12

EN

Official Journal of the European Union

14.5.2004

COMMISSION REGULATION (EC) No 970/2004

of 13 May 2004

fixing the maximum export refund for butter in the framework of the standing invitation to tender
provided for in Regulation (EC) No 581/2004

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), and in particular the third subparagraph of Article 31(3) thereof,

Whereas:

(1)

(2)

Commission Regulation (EC) No 581/2004 of 26 March 2004 opening a standing invitation to
tender for export refunds concerning certain types of butter (2) provides for a permanent tender.

Pursuant to Article 5 of Commission Regulation (EC) No 580/2004 of 26 March 2004 establishing a
tender procedure concerning export refunds for certain milk products (3) and following an exam-
ination of the tenders submitted in response to the invitation to tender, it is appropriate to fix a
maximum export refund for the tendering period ending on 12 May 2004.

(3)

The Management Committee for Milk and Milk Products has not delivered an opinion within the
time limit set by its chairman,

HAS ADOPTED THIS REGULATION:

For the permanent tender opened by Regulation (EC) No 581/2004, for the tendering period ending on 12
May 2004, the maximum amount of refund for the products referred to in Article 1(1) of that Regulation
shall be as follows:

Article 1

Product

Export refund Code

Maximum amount of export refund

(EUR/100 kg)

For export to the destination
referred to in the first indent
of Article 1(1) of Regulation
(EC) No 581/2004

For export to the destinations
referred to in the second indent
of Article 1(1) of Regulation
(EC) No 581/2004

Butter

Butter

Butteroil

ex 0405 10 19 9500

ex 0405 10 19 9700

ex 0405 90 10 9000

—

—

—

Article 2

—

155,30

194,00

This Regulation shall enter into force on 14 May 2004.

(1) OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Commission Regulation (EC) No 186/2004 (OJ L 29,

3.2.2004, p. 6).

(2) OJ L 90, 27.3.2004, p. 64.
(3) OJ L 90, 27.3.2004, p. 58.

14.5.2004

EN

Official Journal of the European Union

L 179/13

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

Done at Brussels, 13 May 2004.

For the Commission

Franz FISCHLER
Member of the Commission
Commission Regulation (EC) No 965/2004 of 13 May 2004 amending Regulation (EC) No 2314/2003 as regards the closing dates for the submission of tenders for the partial invitations to tender for the resale on the Community market of rye held by the German intervention agency
Date: 2004-05-13
Institutions: European Commission
Subjects: Germany, award of contract, intervention agency, rye, sale, single market

14.5.2004

EN

Official Journal of the European Union

L 179/3

COMMISSION REGULATION (EC) No 965/2004

of 13 May 2004

amending Regulation (EC) No 2314/2003 as regards the closing dates for the submission of tenders
for the partial invitations to tender for the resale on the Community market of rye held by the
German intervention agency

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EEC) No 1766/92 of 30
June 1992 on the common organisation of
in
cereals (1), and in particular Article 5 thereof,

the market

Whereas:

(1)

(2)

Commission Regulation (EC) No 2314/2003 of 29
December 2003 opening a
standing invitation to
tender for the resale on the Community market of rye
held by the German intervention agency (2) provides that
the closing date for the submission of tenders for the
partial invitations to tender is to be each Thursday.

The partial invitation to tender with the closing date 10
June 2004 should be cancelled since that day is a public
holiday in Germany.

(3)

(4)

Regulation (EC) No 2314/2003 should be amended
accordingly.

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

HAS ADOPTED THIS REGULATION:

Article 1

The second subparagraph of Article 4(1) of Regulation (EC) No
2314/2003 is hereby replaced by the following:

‘The closing dates
for
subsequent partial
each
Thursday at 09.00 (Brussels time), with the exception of
20 May and 10 june 2004.’

for
invitations

the submission of

to tender

shall be

tenders

Article 2

This Regulation shall enter into force on the day of its publi-
cation in the Official Journal of the European Union.

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

Done at Brussels, 13 May 2004.

For the Commission

Franz FISCHLER
Member of the Commission

(1) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regu-

lation (EC) No 1104/2003 (OJ L 158, 27.6.2003, p. 1).

(2) OJ L 342, 30.12.2003, p. 32. Regulation as last amended by Regu-

lation (EC) No 718/2004 (OJ L 111, 17.4.2004, p. 36).
Commission Regulation (EC) No 964/2004 of 13 May 2004 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2004-05-13
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, pip fruit

14.5.2004

EN

Official Journal of the European Union

L 179/1

I

(Acts whose publication is obligatory)

COMMISSION REGULATION (EC) No 964/2004

of 13 May 2004

establishing the standard import values for determining the entry price of certain fruit and vege-
tables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(2)

Having regard to the Treaty
Community,

establishing the European

In compliance with the above criteria,
the standard
import values must be fixed at the levels set out in the
Annex to this Regulation,

Having regard to Commission Regulation (EC) No 3223/94 of
21 December 1994 on detailed rules for the application of the
import
fruit
arrangements
and in
particular Article 4(1) thereof,

and vegetables (1),

for

HAS ADOPTED THIS REGULATION:

Article 1

Whereas:

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the
outcome of the Uruguay Round multilateral trade nego-
tiations, the criteria whereby the Commission fixes the
standard values for imports from third countries,
in
respect of the products and periods stipulated in the
Annex thereto.

The standard import values referred to in Article 4 of Regu-
lation (EC) No 3223/94 shall be fixed as indicated in the Annex
hereto.

Article 2

This Regulation shall enter into force on 14 May 2004.

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

Done at Brussels, 13 May 2004.

For the Commission

J. M. SILVA RODRÍGUEZ
Agriculture Director-General

(1) OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regu-

lation (EC) No 1947/2002 (OJ L 299, 1.11.2002, p. 17).

L 179/2

EN

Official Journal of the European Union

14.5.2004

to the Commission Regulation of 13 May 2004 establishing the standard import values for determining the entry
price of certain fruit and vegetables

ANNEX

CN code

0702 00 00

0707 00 05

0709 90 70

0805 10 10, 0805 10 30, 0805 10 50

0805 50 10

0808 10 20, 0808 10 50, 0808 10 90

Third country code (1)

Standard import value

(EUR/100 kg)

052
204
212
999

052
096
999

052
204
999

052
204
220
388
400
624
999

388
528
999

388
400
404
508
512
524
528
720
804
999

99,2
63,9
89,5
84,2

99,4
79,8
89,6

96,3
51,3
73,8

36,9
43,8
40,3
70,2
38,0
58,7
48,0

67,1
57,8
62,5

81,1
110,7
89,4
56,6
78,6
75,1
65,0
85,5
106,5
83,2

(1) Country nomenclature as fixed by Commission Regulation (EC) No 2081/2003 (OJ L 313, 28.11.2003, p. 11). Code ‘999’ stands

for ‘of other origin’.
Commission Regulation (EC) No 968/2004 of 13 May 2004 fixing the maximum export refund for white sugar to certain third countries for the 27th partial invitation to tender issued within the framework of the standing invitation to tender provided for in Regulation (EC) No 1290/2003
Date: 2004-05-13
Institutions: European Commission
Subjects: award of contract, export levy, export refund, marketing, third country, white sugar

L 179/8

EN

Official Journal of the European Union

14.5.2004

COMMISSION REGULATION (EC) No 968/2004

of 13 May 2004

fixing the maximum export refund for white sugar to certain third countries for the 27th partial
invitation to tender issued within the framework of the standing invitation to tender provided for
in Regulation (EC) No 1290/2003

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1260/2001 of 19
June 2001 on the common organisation of the markets in the
sugar sector (1) and in particular the second indent of Article 27
(5) thereof,

case may be, account being taken in particular of the
the Community
state and foreseeable development of
and world markets in sugar, for the partial
invitation
to tender in question.

(3)

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

Whereas:

(1)

Commission Regulation (EC) No 1290/2003 of 18 July
2003 on a standing invitation to tender to determine
levies and/or refunds on exports of white sugar (2), for
invi-
the 2003/2004 marketing year, requires partial
tations to tender to be issued for the export of this
sugar to certain third countries.

HAS ADOPTED THIS REGULATION:

Article 1

For the 27th partial invitation to tender for white sugar issued
to Regulation (EC) No 1290/2003 the maximum
pursuant
amount of the export refund shall be 49,941 EUR/100 kg.

(2)

Pursuant to Article 9(1) of Regulation (EC) No 1290/
2003 a maximum export refund shall be fixed, as the

This Regulation shall enter into force on 14 May 2004.

Article 2

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

Done at Brussels, 13 May 2004.

For the Commission

Franz FISCHLER
Member of the Commission

(1) OJ L 178, 30.6.2001, p. 1. Regulation as

amended by
Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004, p. 16).
(2) OJ L 181, 19.7.2003, p. 7. Regulation as amended by Regulation

last

(EC) No 2126/2003 (OJ L 319, 4.12.2003, p. 4).