do-me/EUR-LEX huggingface dataset:
Correction to the Official Journal notice in Case C-310/01 (Official Journal of the European Union C 55 of 8 March 2003)
Date: 2004-12-04
Institutions: Court of Justice
Subjects: contract, interpretation of the law, labour market, provision of services, public contract

C 300/56

EN

Official Journal of the European Union

4.12.2004

CORRIGENDA

Correction to the Official Journal notice in Case C-310/01

(Official Journal of the European Union C 55 of 8 March 2003)

(2004/C 300/109)

In the Official Journal notice in Case C-310/01 Comune di Udine, Azienda Multiservizi SpA (AMGA) and
Diddi Dino Figli Srl, Associazione Nazionale Imprese Gestione servizi tecnici integrati (AGESI), the text
should be replaced by the following:

ORDER OF THE COURT

(Fourth Chamber)

of 14 November 2002

(reference for a preliminary ruling from the Consiglio di Stato): Comune di Udine, Azienda Multi-
servizi SpA (AMGA) and Diddi Dino Figli Srl, Associazione Nazionale Imprese Gestione servizi
tecnici integrati (AGESI) (1)

(Article 104(3) of the Rules of Procedure — Question to which the answer may be clearly deduced from
the case-law — Directive 92/50/EEC — Public contracts concerning both products and services —
Value of the products greater than that of the services — Application of Directive 93/36/EEC)

(2003/C 55/50)

(Language of the case: Italian)

In Case C-310/01: reference to the Court under Article 234 EC from the Consiglio di Stato (Italy) for a
preliminary ruling in the proceedings pending before that court between Comune di Udine, Azienda Multi-
servizi SpA (AMGA) and Diddi Dino Figli Srl, Associazione Nazionale Imprese Gestione servizi tecnici inte-
grati (AGESI) — on the interpretation of Articles 1(b), 2 and 6 of Council Directive 92/50/EEC of 18 June
1992 relating to the coordination of procedures for the award of public service contracts (OJ 1992 L 209,
p. 1) — the Court (Fourth Chamber), composed of: C.W.A. Timmermans (Rapporteur), President of the
Chamber, D.A.O. Edward and S. von Bahr, Judges; S. Alber, Advocate General; R. Grass, Registrar, has
made an order on 11 November 2002, in which it has ruled:

Article 2 of Council Directive 92/50/EEC of 18 June 1992 relating to the coordination of procedures for the award
of public service contracts must be interpreted as meaning that that directive does not apply to a public contract which
concerns both products within the meaning of Council Directive 93/36/EEC of 14 June 1993 coordinating procedures
for the award of public supply contracts and services within the meaning of Directive 92/50 if the value of the
products included in the contract is greater than that of the services provided.

Directive 93/36 applies to such a contract unless the contracting authority exercises over the supplier a control which
is similar to that which it exercises over its own departments and the supplier carries out the essential parts of its
activities with the controlling contracting authority or authorities.

(1) OJ C 289 of 13.10.2001.
Prior notification of a concentration (Case COMP/M.3650 — MACQUARIE/BVAG) — Candidate case for simplified procedureText with EEA relevance
Date: 2004-12-04
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control, urban infrastructure

4.12.2004

EN

Official Journal of the European Union

C 299/7

Prior notification of a concentration

(Case COMP/M.3650 — MACQUARIE/BVAG)

Candidate case for simplified procedure

(2004/C 299/05)

(Text with EEA relevance)

1.
On 19 November 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 Macquarie
European Infrastructure Fund LP (‘MEIF’, UK) belonging to the Macquarie group (‘Macquarie’, Australia)
acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the under-
taking Braunschweiger Versorgungs AG (‘BVAG’, Germany) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for MEIF: equity infrastructure investments,

— for Macquarie: investment banking and financial services,

— for BVAG: supply of electricity, natural gas, district heating and water.

On preliminary examination, the Commission finds that the notified transaction could fall within the
3.
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 (EC) No 139/2004 (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 (No (32-2) 296 43 01 or 296 72 44) or by post,
under reference number COMP/M.3650 — Macquarie/BVAG, 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) Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.
Euro exchange rates
Date: 2004-12-04
Institutions: European Commission
Subjects: euro, exchange rate

4.12.2004

EN

Official Journal of the European Union

C 299/1

I

(Information)

COMMISSION

Euro exchange rates (1)

3 December 2004

(2004/C 299/01)

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

1,3300

LVL

Latvian lats

137,05

MTL Maltese lira

7,4300

PLN

Polish zloty

0,69010

ROL

Romanian leu

8,9510

1,5273

83,65

SIT

SKK

TRL

Slovenian tolar

Slovak koruna

Turkish lira

8,1750

AUD Australian dollar

1,9559

0,5794

CAD

HKD

Canadian dollar

Hong Kong dollar

30,788

NZD New Zealand dollar

15,6466

SGD

Singapore dollar

244,75

KRW South Korean won

3,4528

ZAR

South African rand

0,6858

0,4317

4,1744

37 209

239,81

39,054

1 882 500

1,7204

1,5928

10,3378

1,8579

2,1800

1 390,38

7,7592

(1) Source: reference exchange rate published by the ECB.
Judgment of the Court (First Chamber) of 14 October 2004 in Case C-298/02: Italian Republic v Commission of the European Communities (EAGGF — Production aid for products processed from fruit and vegetables — Regulation (EEC) No 1558/91 — Article 1 — Peaches and pears — Decision 2002/524/EC)
Date: 2004-12-04
Institutions: Court of Justice
Subjects: Italy, action for annulment (EU), agro-industry, aid system, fruit product, pip fruit, production aid, stock, stone fruit

4.12.2004

EN

Official Journal of the European Union

C 300/9

1. Annuls Commission Decision 2002/935/EC of 14 May 2002

2. Dismisses the remainder of the action;

on the State aid granted to Grupo de Empresas Álvarez.

2. Orders the Commission of the European Communities to pay the

costs.

3. Orders each party to bear its own costs.

(1) OJ C 247 of 12.10.2002.

(1) OJ C 219 of 14.9.2002.

JUDGMENT OF THE COURT

(Second Chamber)

of 21 October 2004

JUDGMENT OF THE COURT

(First Chamber)

of 14 October 2004

in Case C-288/02: Commission of the European Commu-
nities v Hellenic Republic (1)

in Case C-298/02: Italian Republic v Commission of the
European Communities (1)

(Maritime transport — Freedom to provide services — Mari-
time cabotage)

(EAGGF — Production aid for products processed from fruit
and vegetables — Regulation (EEC) No 1558/91 — Article 1
— Peaches and pears — Decision 2002/524/EC)

(2004/C 300/17)

(Language of the case: Greek)

(2004/C 300/18)

(Language of the case: Italian)

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

of

the

In Case C-288/02: action under Article 226 EC for failure to
fulfil obligations, brought on 9 August 2002, between
Commission
(Agents:
European
K. Simonsson and M. Patakia) and Hellenic Republic (Agents:
E.-M. Mamouna) — the Court (Second Chamber), composed of:
C.W.A. Timmermans (Rapporteur), President of the Chamber,
C. Gulmann and R. Schintgen, Judges; A. Tizzano, Advocate
General; L. Hewlett, Principal Administrator, for the Registrar,
has given a judgment on 21 October 2004, in which it:

Communities

1. Declares that, by regarding the Peloponnese as an island and
applying to Community cruise liners exceeding 650 gt which carry
out island cabotage its national rules as host State on manning
conditions, the Hellenic Republic has failed to fulfil its obligations
under Articles 1, 3 and 6 of Council Regulation (EEC) No
3577/92 of 7 December 1992 applying the principle of freedom
to provide services to maritime transport within Member States
(maritime cabotage);

In Case C-298/02: Italian Republic (Agents: I.M. Braguglia and
M. Fiorilli) v Commission of
the European Communities
(Agents: C. Cattabriga and M. Moretto) — action for annulment
under Article 230 EC, brought on 21 August 2002 — the
Court (First Chamber), composed of: P. Jann, President of the
Chamber, N. Colneric (Rapporteur), J.N. Cunha Rodrigues, M.
Ilešič and E. Levits Judges; F. G. Jacobs, Advocate General; R.
Grass, Registrar, has given a judgment on 14 October 2004, in
which it:

1. Dismisses the application.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 261 of 26.10.2002.
Judgment of the Court (Second Chamber) of 21 October 2004 in Case C-288/02: Commission of the European Communities v Hellenic Republic (Maritime transport — Freedom to provide services — Maritime cabotage)
Date: 2004-12-04
Institutions: Court of Justice
Subjects: Greece, action for failure to fulfil an obligation, maritime cabotage, maritime transport, organisation of transport

4.12.2004

EN

Official Journal of the European Union

C 300/9

1. Annuls Commission Decision 2002/935/EC of 14 May 2002

2. Dismisses the remainder of the action;

on the State aid granted to Grupo de Empresas Álvarez.

2. Orders the Commission of the European Communities to pay the

costs.

3. Orders each party to bear its own costs.

(1) OJ C 247 of 12.10.2002.

(1) OJ C 219 of 14.9.2002.

JUDGMENT OF THE COURT

(Second Chamber)

of 21 October 2004

JUDGMENT OF THE COURT

(First Chamber)

of 14 October 2004

in Case C-288/02: Commission of the European Commu-
nities v Hellenic Republic (1)

in Case C-298/02: Italian Republic v Commission of the
European Communities (1)

(Maritime transport — Freedom to provide services — Mari-
time cabotage)

(EAGGF — Production aid for products processed from fruit
and vegetables — Regulation (EEC) No 1558/91 — Article 1
— Peaches and pears — Decision 2002/524/EC)

(2004/C 300/17)

(Language of the case: Greek)

(2004/C 300/18)

(Language of the case: Italian)

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

of

the

In Case C-288/02: action under Article 226 EC for failure to
fulfil obligations, brought on 9 August 2002, between
Commission
(Agents:
European
K. Simonsson and M. Patakia) and Hellenic Republic (Agents:
E.-M. Mamouna) — the Court (Second Chamber), composed of:
C.W.A. Timmermans (Rapporteur), President of the Chamber,
C. Gulmann and R. Schintgen, Judges; A. Tizzano, Advocate
General; L. Hewlett, Principal Administrator, for the Registrar,
has given a judgment on 21 October 2004, in which it:

Communities

1. Declares that, by regarding the Peloponnese as an island and
applying to Community cruise liners exceeding 650 gt which carry
out island cabotage its national rules as host State on manning
conditions, the Hellenic Republic has failed to fulfil its obligations
under Articles 1, 3 and 6 of Council Regulation (EEC) No
3577/92 of 7 December 1992 applying the principle of freedom
to provide services to maritime transport within Member States
(maritime cabotage);

In Case C-298/02: Italian Republic (Agents: I.M. Braguglia and
M. Fiorilli) v Commission of
the European Communities
(Agents: C. Cattabriga and M. Moretto) — action for annulment
under Article 230 EC, brought on 21 August 2002 — the
Court (First Chamber), composed of: P. Jann, President of the
Chamber, N. Colneric (Rapporteur), J.N. Cunha Rodrigues, M.
Ilešič and E. Levits Judges; F. G. Jacobs, Advocate General; R.
Grass, Registrar, has given a judgment on 14 October 2004, in
which it:

1. Dismisses the application.

2. Orders the Italian Republic to pay the costs.

(1) OJ C 261 of 26.10.2002.
Non-opposition to a notified concentration (Case COMP/M.3569 — WENDEL/BUREAU VERITAS)Text with EEA relevance
Date: 2004-12-04
Institutions: European Commission
Subjects: disclosure of information, economic concentration, investment company, merger control, qualitative analysis, restrictive-practice authorisation

4.12.2004

EN

Official Journal of the European Union

C 299/3

Non-opposition to a notified concentration

(Case COMP/M.3569 — WENDEL/BUREAU VERITAS)

(2004/C 299/03)

(Text with EEA relevance)

On 28 October 2004, 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 Regu-
lation (EC) No 139/2004. The full text of the decision is available only in French and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/) free of
charge. This web site provides various facilities to help locate individual merger decisions, including
company, case number, date and sectoral indexes,

— in electronic form in the ‘CFR’ version of the CELEX database, under document number 32004M3569.
CELEX is the computerized documentation system of European Community law. (http://europa.eu.int/
celex)
Non-opposition to a notified concentration (Case COMP/3419 — ADECCO/MANPOWER/VEDIORBIS/JV)Text with EEA relevance
Date: 2004-12-04
Institutions: European Commission
Subjects: disclosure of information, economic concentration, merger control, restrictive-practice authorisation, temporary employment agency

C 299/2

EN

Official Journal of the European Union

4.12.2004

Non-opposition to a notified concentration

(Case COMP/3419 — ADECCO/MANPOWER/VEDIORBIS/JV)

(2004/C 299/02)

(Text with EEA relevance)

On 5 November 2004, 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 Regu-
lation (EC) No 139/2004. The full text of the decision is available only in French and will be made public
after it is cleared of any business secrets it may contain. It will be available:

— from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/) free of
charge. This web site provides various facilities to help locate individual merger decisions, including
company, case number, date and sectoral indexes,

— in electronic form in the ‘CFR’ version of the CELEX database, under document number 32004M3419.
CELEX is the computerized documentation system of European Community law. (http://europa.eu.int/
celex)
Prior notification of a concentration (Case COMP/M.3660 — SOCIÉTÉ GÉNÉRALE/OTTO/HANSEATIC BANK/JV) — Candidate case for simplified procedureText with EEA relevance
Date: 2004-12-04
Institutions: European Commission
Subjects: bank, economic concentration, exchange of information, merger control

C 299/8

EN

Official Journal of the European Union

4.12.2004

Prior notification of a concentration

(Case COMP/M.3660 — SOCIÉTÉ GÉNÉRALE/OTTO/HANSEATIC BANK/JV)

Candidate case for simplified procedure

(2004/C 299/06)

(Text with EEA relevance)

1.
On 26 November 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 undertakings Société
Générale SA (‘SG’, France) and Otto GmbH & Co. KG (‘Otto’, Germany) acquire within the meaning of
Article 3(1)(b) of the Council Regulation joint control of Hanseatic Bank GmbH & Co. KG (‘Hanseatic
Bank’, Germany), by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for SG:banking and financial services,

— for Otto: retailing by mail order, and

— for Hanseatic Bank: banking.

On preliminary examination, the Commission finds that the notified transaction could fall within the
3.
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 (EC) No 139/2004 (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 (No (32-2) 296 43 01 or 296 72 44) or by post,
under reference number COMP/M.3660 — Société Générale/Otto/Hanseatic Bank/JV, 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) Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.