do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case No. COMP/M.3454 – KKR/Dynamit Nobel)Text with EEA relevance
Date: 2004-06-12
Institutions: European Commission
Subjects: chemical industry, economic concentration, investment company, merger control

C 155/28

EN

Official Journal of the European Union

12.6.2004

Prior notification of a concentration

(Case No. COMP/M.3454 – KKR/Dynamit Nobel)

(2004/C 155/04)

(Text with EEA relevance)

1. On 04.06.2004, the Commission received a notification of a proposed concentration pursuant 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 Knight Lux 1 S.a.r.L (Luxembourg), controlled by Rockwood Specialties Group
Inc. (USA) which in turn belongs to Kohlberg Kravis Roberts & Co. L.P. (‘KKR’, USA) acquires within the
meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Dynamit
Nobel AG (‘DN’, Germany) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for undertaking KKR: private equity investments;

— for undertaking DN: specialty chemicals and material engineering.

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.

The Commission invites interested third parties to submit their possible observations on the proposed

4.
operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax (fax no. +32/2/2964301 or 2967244) or by post,
under reference number COMP/M. 3454 – KKR/Dynamit Nobel, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(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.
Case C-193/04: Reference for a preliminary ruling by the Supremo Tribunal Administrativo (Portugal) Second Chamber, by order of that court of 17 March 2004 in the case of Fazenda Pública e Organon Portuguesa – Produtos Químicos e Farmacêuticos, Lda
Date: 2004-06-12
Institutions: Court of Justice
Subjects: capital transfer, company with share capital, corporation tax, interpretation of the law, notary, profit, share capital

12.6.2004

EN

Official Journal of the European Union

C 156/9

Reference for a preliminary ruling by the Supremo
Tribunal Administrativo (Portugal) Second Chamber, by
order of that court of 17 March 2004 in the case of
e Organon Portuguesa – Produtos
Fazenda Pública

Químicos e Farmacêuticos, Lda

(Case C-193/04)

(2004/C 156/18)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Supremo Tribunal Adminis-
trativo (Supreme Administrative Tribunal) (Portugal) received at
the Court Registry on 26 April 2004, for a preliminary ruling
in the case of Fazenda Pública e Organon Portuguesa –
Produtos Químicos e Farmacêuticos, Lda on the following ques-
tions:

— Are the fees charged in respect of the drawing-up of a
notarial document attesting to the sale of company shares

covered by Article 4(3) of Council Directive 69/335/EEC
? (1)

— Is Article 5(1), in conjunction with Article 3(c) of the table
of notarial charges, approved by Order No 996/98 of 25
November 1998,
in the version in force at the material
time, compatible with Article 10(c) and 12(1)(e) of Council
Directive 69/335/EEC of 17 July 1969 inasmuch as it
provides for fees in an unlimited amount for documents
drawn up in respect of the sale of shares, which are fixed
exclusively by reference to the value of the shares being
sold, without being subject to any limit whatever and irre-
spective of the value of the service provided ?

(1) Council Directive 69/335/EEC of 17 July 1969 concerning indirect
(English Special Edition: Series I

taxes on the raising of capital
Chapter 1969(II) p. 412)
Prior notification of a concentration (Case No. COMP/M.3414 Apax/CapMan/Solid) — Candidate case for simplified procedureText with EEA relevance
Date: 2004-06-12
Institutions: European Commission
Subjects: data transmission, economic concentration, exchange of information, financial institution, information technology industry, merger control

12.6.2004

EN

Official Journal of the European Union

C 155/29

Prior notification of a concentration

(Case No. COMP/M.3414 Apax/CapMan/Solid)

Candidate case for simplified procedure

(2004/C 155/05)

(Text with EEA relevance)

1. On 02/06/2004, the Commission received a notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EEC) No 4064/89 (1), as last amended by Regulation (EC) No 1310/97 (2),
by which the undertakings Apax Europe IV (‘Apax’, United Kingdom) ultimately controlled by Hirzell Trust
and CapMan Funds (‘CapMan’, Finland)controlled by CapMan Plc acquire within the meaning of Article
3(1)(b) of the Council Regulation joint control of the undertaking Solid Oy (‘Solid’, Finland) by way of new
share issue.

2.

The business activities of the undertakings concerned are:

— for Apax: pan-European investment fund,

— for CapMan: private equity fund management and advisory services,

— for Solid: database and distributed data synchronisation solutions for OEM (Original Equipment Manu-

facturers).

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) No4064/89 (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 their possible observations on the proposed

4.
operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax (fax no. +32/2/2964301 or 2967244) or by post,
under reference number COMP/M.3414 Apax/CapMan/Solid, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(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.
Taking of the oath by new Members of the Court
Date: 2004-06-12
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, appointment of staff, member of the Court of Justice (EU)

12.6.2004

EN

Official Journal of the European Union

C 156/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

Taking of the oath by new Members of the Court

First Chamber

(2004/C 156/01)

Mr Jann, President of the Chamber

Following their appointment as Judges of the Court of Justice
of the European Communities by decision of the Governments
of the Member States of the European Communities of 1 May
2004, (1)

— Mr Kūris, Mr Arestis, Mr Borg-Barthet, Mr Malenovský and

Mr Levits

(for the period from 1 May 2004 to 6 October 2006) and

— Mr Makarczyk, Mr Juhász, Mr Ilešič, Mr Klučka and Mr

Lõhmus,

(for the period from 1 May 2004 to 6 October 2009)

took the oath before the Court on 11 May 2004.

(1) OJ L 169 of 1.5.2004, p. 22.

Mr Cunha Rodrigues, Ms Colneric, Mr Lenaerts, Mr Schiemann,
Mr Juhász, Mr Ilešič and Mr Levits, Judges.

Second Chamber

Mr Timmermans, President of the Chamber

Mr Gulmann, Mr Schintgen, Ms Silva de Lapuerta, Mr
Makarczyk, Mr Kūris, Mr Arestis and Mr Klučka, Judges.

Third Chamber

Mr Rosas, President of the Chamber

Mr La Pergola, Mr Puissochet, Ms Macken, Mr von Bahr, Mr
Borg-Barthet, Mr Malenovský and Mr Lõhmus, Judges.

Fourth Chamber

Mr Cunha Rodrigues, President of the Chamber

Election of Presidents of Chambers

(2004/C 156/02)

Ms Colneric, Mr Lenaerts, Mr Schiemann, Mr Juhász, Mr Ilešič
and Mr Levits, Judges.

At their meeting on 13 May 2004, the Judges of the Court of
Justice elected,
in accordance with the first subparagraph of
Article 10(1) of the Rules of Procedure, Mr Rosas as President
of the Third Chamber of five judges, for a period expiring on 6
October 2006, and,
in accordance with the second sub-
paragraph of Article 10(1) of the Rules of Procedure, elected
Mr Puissochet as President of the new Sixth Chamber, for a
period expiring on 6 October 2004.

Assignment of Judges to Chambers

(2004/C 156/03)

At its meeting on 13 May 2004, the Court decided to assign
the Judges to Chambers as follows:

Fifth Chamber

Mr Gulmann, President of the Chamber

Mr Schintgen, Ms Silva de Lapuerta, Mr Makarczyk, Mr Kūris,
Mr Arestis and Mr Klučka, Judges.

Sixth Chamber

Mr Puissochet, President of the Chamber

Mr La Pergola, Ms Macken, Mr von Bahr, Mr Borg-Barthet, Mr
Malenovský and Mr Lõhmus, Judges.
Euro exchange rates
Date: 2004-06-12
Institutions: European Commission
Subjects: euro, exchange rate

C 155/26

EN

Official Journal of the European Union

12.6.2004

COMMISSION

Euro exchange rates (1)

11 June 2004

(2004/C 155/02)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CYP

CZK

EEK

HUF

LTL

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

1,2006

LVL

Latvian lats

132,19

MTL Maltese lira

7,4336

PLN

Polish zloty

0,6525

0,4244

4,5838

0,65935

ROL

Romanian leu

40 767

9,1589

1,5120

86,96

SIT

SKK

TRL

Slovenian tolar

Slovak koruna

Turkish lira

8,2925

AUD Australian dollar

1,9559

CAD

Canadian dollar

0,58260

HKD

Hong Kong dollar

31,407

NZD New Zealand dollar

15,6466

SGD

Singapore dollar

253,60

KRW South Korean won

3,4527

ZAR

South African rand

239,1500

39,910

1 786 800

1,7334

1,6428

9,3575

1,9084

2,0602

1 397,44

7,8339

(1) Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case No. COMP/M.3480 - 3i / KEOLIS) — Candidate case for simplified procedureText with EEA relevance
Date: 2004-06-12
Institutions: European Commission
Subjects: carriage of passengers, economic concentration, investment company, merger control, transport company

12.6.2004

EN

Official Journal of the European Union

C 155/27

Prior notification of a concentration

(Case No. COMP/M.3480 - 3i / KEOLIS)

Candidate case for simplified procedure

(2004/C 155/03)

(Text with EEA relevance)

1. On 01/06/2004, the Commission received a notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking 3i Group plc (‘3i’, France)
acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the under-
taking Keolis (‘Keolis’, France), controlled by SNCF Participations (‘SNCF-P’), by way purchase of shares.

2.

The business activities of the undertakings concerned are:

— for undertaking 3i: International financial investor

— for undertaking Keolis: Service provider of public transport to end users in Europe (bus, tram and

metro)

3. On preliminary examination, the Commission finds that the notified concentration could fall within
the scope of Regulation (EC) No 139/2004. 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) No4064/89 (2) 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 their possible observations on the proposed

4.
operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication.
Observations can be sent to the Commission by fax (fax no. +32/2/2964301 or 2967244) or by post,
under reference number COMP/M.3480 - 3i / KEOLIS, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004 p. 1
(2) OJ C 217, 29.7.2000, p. 32; Council Regulation (EEC) No 4064/89 has been replaced by Council Regulation (EC) No

139/2004.
Election of Presidents of Chambers
Date: 2004-06-12
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, election, president of an institution

12.6.2004

EN

Official Journal of the European Union

C 156/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

Taking of the oath by new Members of the Court

First Chamber

(2004/C 156/01)

Mr Jann, President of the Chamber

Following their appointment as Judges of the Court of Justice
of the European Communities by decision of the Governments
of the Member States of the European Communities of 1 May
2004, (1)

— Mr Kūris, Mr Arestis, Mr Borg-Barthet, Mr Malenovský and

Mr Levits

(for the period from 1 May 2004 to 6 October 2006) and

— Mr Makarczyk, Mr Juhász, Mr Ilešič, Mr Klučka and Mr

Lõhmus,

(for the period from 1 May 2004 to 6 October 2009)

took the oath before the Court on 11 May 2004.

(1) OJ L 169 of 1.5.2004, p. 22.

Mr Cunha Rodrigues, Ms Colneric, Mr Lenaerts, Mr Schiemann,
Mr Juhász, Mr Ilešič and Mr Levits, Judges.

Second Chamber

Mr Timmermans, President of the Chamber

Mr Gulmann, Mr Schintgen, Ms Silva de Lapuerta, Mr
Makarczyk, Mr Kūris, Mr Arestis and Mr Klučka, Judges.

Third Chamber

Mr Rosas, President of the Chamber

Mr La Pergola, Mr Puissochet, Ms Macken, Mr von Bahr, Mr
Borg-Barthet, Mr Malenovský and Mr Lõhmus, Judges.

Fourth Chamber

Mr Cunha Rodrigues, President of the Chamber

Election of Presidents of Chambers

(2004/C 156/02)

Ms Colneric, Mr Lenaerts, Mr Schiemann, Mr Juhász, Mr Ilešič
and Mr Levits, Judges.

At their meeting on 13 May 2004, the Judges of the Court of
Justice elected,
in accordance with the first subparagraph of
Article 10(1) of the Rules of Procedure, Mr Rosas as President
of the Third Chamber of five judges, for a period expiring on 6
October 2006, and,
in accordance with the second sub-
paragraph of Article 10(1) of the Rules of Procedure, elected
Mr Puissochet as President of the new Sixth Chamber, for a
period expiring on 6 October 2004.

Assignment of Judges to Chambers

(2004/C 156/03)

At its meeting on 13 May 2004, the Court decided to assign
the Judges to Chambers as follows:

Fifth Chamber

Mr Gulmann, President of the Chamber

Mr Schintgen, Ms Silva de Lapuerta, Mr Makarczyk, Mr Kūris,
Mr Arestis and Mr Klučka, Judges.

Sixth Chamber

Mr Puissochet, President of the Chamber

Mr La Pergola, Ms Macken, Mr von Bahr, Mr Borg-Barthet, Mr
Malenovský and Mr Lõhmus, Judges.
Assignment of Judges to Chambers
Date: 2004-06-12
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, appointment of staff, member of the Court of Justice (EU), ordinary court of law, president of an institution

12.6.2004

EN

Official Journal of the European Union

C 156/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

Taking of the oath by new Members of the Court

First Chamber

(2004/C 156/01)

Mr Jann, President of the Chamber

Following their appointment as Judges of the Court of Justice
of the European Communities by decision of the Governments
of the Member States of the European Communities of 1 May
2004, (1)

— Mr Kūris, Mr Arestis, Mr Borg-Barthet, Mr Malenovský and

Mr Levits

(for the period from 1 May 2004 to 6 October 2006) and

— Mr Makarczyk, Mr Juhász, Mr Ilešič, Mr Klučka and Mr

Lõhmus,

(for the period from 1 May 2004 to 6 October 2009)

took the oath before the Court on 11 May 2004.

(1) OJ L 169 of 1.5.2004, p. 22.

Mr Cunha Rodrigues, Ms Colneric, Mr Lenaerts, Mr Schiemann,
Mr Juhász, Mr Ilešič and Mr Levits, Judges.

Second Chamber

Mr Timmermans, President of the Chamber

Mr Gulmann, Mr Schintgen, Ms Silva de Lapuerta, Mr
Makarczyk, Mr Kūris, Mr Arestis and Mr Klučka, Judges.

Third Chamber

Mr Rosas, President of the Chamber

Mr La Pergola, Mr Puissochet, Ms Macken, Mr von Bahr, Mr
Borg-Barthet, Mr Malenovský and Mr Lõhmus, Judges.

Fourth Chamber

Mr Cunha Rodrigues, President of the Chamber

Election of Presidents of Chambers

(2004/C 156/02)

Ms Colneric, Mr Lenaerts, Mr Schiemann, Mr Juhász, Mr Ilešič
and Mr Levits, Judges.

At their meeting on 13 May 2004, the Judges of the Court of
Justice elected,
in accordance with the first subparagraph of
Article 10(1) of the Rules of Procedure, Mr Rosas as President
of the Third Chamber of five judges, for a period expiring on 6
October 2006, and,
in accordance with the second sub-
paragraph of Article 10(1) of the Rules of Procedure, elected
Mr Puissochet as President of the new Sixth Chamber, for a
period expiring on 6 October 2004.

Assignment of Judges to Chambers

(2004/C 156/03)

At its meeting on 13 May 2004, the Court decided to assign
the Judges to Chambers as follows:

Fifth Chamber

Mr Gulmann, President of the Chamber

Mr Schintgen, Ms Silva de Lapuerta, Mr Makarczyk, Mr Kūris,
Mr Arestis and Mr Klučka, Judges.

Sixth Chamber

Mr Puissochet, President of the Chamber

Mr La Pergola, Ms Macken, Mr von Bahr, Mr Borg-Barthet, Mr
Malenovský and Mr Lõhmus, Judges.
Lists to be used for determining the composition of the formations of the Court
Date: 2004-06-12
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, member of the Court of Justice (EU), ordinary court of law, ruling

C 156/2

EN

Official Journal of the European Union

12.6.2004

Lists to be used for determining the composition of the
formations of the Court

(2004/C 156/04)

At its meeting on 14 May 2004, the Court drew up the list
referred to in Article 11b(2) of the Rules of Procedure for the
purpose of determining the
the Grand
Chamber, as follows:

composition of

Mr Gulmann

Mr Levits

Mr La Pergola

Mr Lõhmus

Mr Puissochet

Mr Klučka

Mr Schintgen

Mr Malenovský

Ms Macken

Mr Ilešič

Ms Colneric

Mr Borg-Barthet

Mr von Bahr

Mr Arestis

Mr Cunha Rodrigues

Mr Juhász

Ms Silva de Lapuerta

Mr Kūris

Mr Lenaerts

Mr Makarczyk

Mr Schiemann

At its meeting on 14 May 2004, the Court drew up the lists
referred to in the first subparagraph of Article 11c(2) of the
Rules of Procedure for the purpose of determining the compo-
sition of the Chambers of five Judges, as follows:

For the First Chamber:

Ms Colneric

Mr Levits

Mr Cunha Rodrigues

Mr Ilešič

Mr Lenaerts

Mr Juhász

Mr Schiemann

For the Second Chamber:

Mr Gulmann

Mr Klučka

Mr Schintgen

Mr Arestis

Ms Silva de Lapuerta

Mr Kūris

Mr Makarczyk

For the Third Chamber:

Mr La Pergola

Mr Lõhmus

Mr Puissochet

Mr Malenovský

Ms Macken

Mr Borg-Barthet

Mr von Bahr

At its meeting on 14 May 2004, the Court drew up the lists
referred to in the second subparagraph of Article 11c(2) of the
Rules of Procedure for the purpose of determining the compo-
sition of the Chambers of three Judges, as follows:

For the Fourth Chamber:

Ms Colneric

Mr Lenaerts

Mr Schiemann

Mr Juhász

Mr Ilešič

Mr Levits

For the Fifth Chamber:

Mr Schintgen

Ms Silva de Lapuerta

Mr Makarczyk

Mr Kūris

Mr Arestis

Mr Klučka

For the Sixth Chamber:

Mr La Pergola

Ms Macken

Mr von Bahr

Mr Borg-Barthet

Mr Malenovský

Mr Lõhmus