do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.3597 — Europcar/TUI/JV)Text with EEA relevance
Date: 2005-01-22
Institutions: European Commission
Subjects: access to information, economic concentration, merger control, motor vehicle industry, restrictive-practice authorisation, vehicle rental

C 18/2

EN

Official Journal of the European Union

22.1.2005

Non-opposition to a notified concentration

(Case COMP/M.3597 — Europcar/TUI/JV)

(2005/C 18/02)

(Text with EEA relevance)

On 6 December 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 German 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/). This
web site provides various facilities to help locate individual merger decisions, including company, case
number, date and sectoral indexes,

— in electronic form on the EUR-Lex website under document number 32004M3597. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Removal from the register of Case C-230/04
Date: 2005-01-22
Institutions: Court of Justice
Subjects: EU national, European Commission, France, action for failure to fulfil an obligation, civil service, free movement of workers, professional experience

C 19/18

EN

Official Journal of the European Union

22.1.2005

Removal from the register of Case C-92/04 (1)

Removal from the register of Case C-230/04 (1)

(2005/C 19/40)

(Language of the case: Italian)

By order of 30 September 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-92/04: Commission of the Euro-
pean Communities v Italian Republic.

(1) OJ C 94 of 17.4.2004.

(2005/C 19/41)

(Language of the case: French)

By order of 29 October 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-230/04: Commission of the Euro-
pean Communities v Republic of France.

(1) OJ C 201 of 7.8.2004.
Prior notification of a concentration (Case COMP/M.3682 — INTEK/GIM) — Candidate case for simplified procedureText with EEA relevance
Date: 2005-01-22
Institutions: European Commission
Subjects: copper, economic concentration, exchange of information, financial institution, merger control, metallurgical industry

C 18/4

EN

Official Journal of the European Union

22.1.2005

Prior notification of a concentration

(Case COMP/M.3682 — INTEK/GIM)

Candidate case for simplified procedure

(2005/C 18/04)

(Text with EEA relevance)

1.
On 14 January 2005, the Commission received a notification of a proposed concentration pursuant
to Article 4 and following a referral pursuant to Article 4(5) of Council Regulation (EC) No 139/2004 (1)
by which the undertaking INTEK S.p.A (‘INTEK’, Italy) controlled by Quattroduedue Holding BV (‘Quattro-
duedue’, The Netherlands) acquires within the meaning of Article 3(1)(b) of the Council Regulation control
of the whole of the undertaking Generale Industrie Metallurgiche S.p.A (‘GIM’, Italy) by way of purchase of
shares.

2.

The business activities of the undertakings concerned are:

— for INTEK: finance company,

— for Quattroduedue: holding company,

— for GIM: production and sale of copper products and copper alloys products.

3.
On preliminary examination, the Commission finds that the notified transaction 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 (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.3682 — INTEK S.p.A/ G.I.M S.p.A, 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.
Removal from the Register of Case T-259/99
Date: 2005-01-22
Institutions: Court of First Instance
Subjects: European Commission, Netherlands, State aid, action for annulment (EU), control of State aid, petrol, retail outlet

22.1.2005

EN

Official Journal of the European Union

C 19/33

The applicant claims that the Court should:

— declare that the Commission, by failing to comply with
Article 233 EC, was in breach of its duty to implement the
judgment of the Court of Justice of the European Commu-
nities of 21 September 2000 in Case C-462/98 P Medio-
curso v Commission;

and does not amount to a measure implementing the above-
mentioned judgment.

Thus, as provided for in Article 232 EC, the Commission has
unlawfully failed to act and in accordance with the first para-
graph of Article 232 EC the Court of Justice may establish the
infringement.

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant founds its claim on the Commission's alleged
failure to take the necessary measures to comply with the judg-
ment of the Court of Justice of 21 September 2000 in Case C-
462/98 P Mediocurso v Commission.

More than 50 months have passed since the judgment was
delivered and the Commission has not taken the measures
to take,
which implementation of
namely taking a decision on the applicant's requests for
payment of outstanding balances.

the judgment require it

Despite having been formally requested to act, by letter from
the applicant dated 19 July 2004, the Commission merely
responded, by letter of 31 August 2004, that its services would
be taking new decisions as soon as possible. In the applicant's
submission, that response is a purely interim communication

Removal from the Register of Case T-259/99 (1)

(2005/C 19/69)

(Language of the case: Dutch)

By order of 9 November 2004, the President of the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-259/99, Tankstation Jagt B.V. v Commis-
sion of the European Communities.

(1) OJ C 6 of 8.1.2000.
Prior notification of a concentration (Case COMP/M.3707 — AXA/CAMAIEU) — Candidate case for simplified procedureText with EEA relevance
Date: 2005-01-22
Institutions: European Commission
Subjects: clothing, economic concentration, exchange of information, financial institution, investment, merger control, retail selling, woman

22.1.2005

EN

Official Journal of the European Union

C 18/5

Prior notification of a concentration

(Case COMP/M.3707 — AXA/CAMAIEU)

Candidate case for simplified procedure

(2005/C 18/05)

(Text with EEA relevance)

1.
On 13 January 2005, 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 AXA Investment
Managers Private Equity Europe SA (‘AXA Private Equity’, France) acquires within the meaning of Article
3(1)(b) of the Council Regulation control of the whole of the undertaking Camaïeu SA (‘Camaïeu’, France)
by way of public bid announced on 13 January 2005.

2.

The business activities of the undertakings concerned are:

— for AXA Private Equity: private equity funds,

— for Camaïeu: retail sale of ready-to-wear clothes for women.

3.
On preliminary examination, the Commission finds that the notified transaction 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 (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.3707 — AXA/CAMAIEU, 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.
Case T-352/04: Action brought on 24 August 2004 by Bitburger Brauerei Th. Simon GmbH against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Date: 2005-01-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, Germany, United States, action for annulment (EU), beer, beverage industry, trade-mark law

C 19/26

EN

Official Journal of the European Union

22.1.2005

the Board

Applicant's appeal dismissed

Pleas in law and main arguments:

Decision of
of Appeal:

Pleas in law:

— There

is

considerable

aural

similarity between the marks
— Article 8(1)(b) of Regulation
(EC) No 40/94 was applied
incorrectly

— The BIT marks with earlier
priority enjoy extended protec-
tion under Article 8(5) of the
regulation

Applicant
munity trade mark:

for

Com-

Community trade mark
sought:

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Mark or sign cited in
opposition:

Anheuser-Busch, Inc.

Figurative mark Anheuser Busch
Bud for goods in Classes 16, 25
and 32 (inter alia paper, clothing,
beer, ale, porter, malted alcoholic
and non-alcoholic beverages) –
Application No 398 867

The applicant

and

German word
figurative
marks Bit, BIT and Bitte ein Bit for
goods and services in Classes 16,
18, 20, 21, 24, 25, 28, 32, 34
and 42 (inter alia beer and non-
alcoholic drinks)

Decision of the Opposi-
tion Division:

Opposition rejected

Action brought on 24 August 2004 by Bitburger Brauerei
Th. Simon GmbH against the Office for Harmonisation in
the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-352/04)

(2005/C 19/56)

Decision of
of Appeal:

Pleas in law:

(Language in which the application was submitted: German)

the Board

Applicant's appeal dismissed

– There is considerable aural simi-
larity between the marks

Article 8(1)(b) of Regulation (EC)
No 40/94 was applied incorrectly

The BIT marks with earlier priority
enjoy extended protection under
Article 8(5) of the regulation

An action against the Office for Harmonisation in the Internal
Market
(Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 24
August 2004 by Bitburger Brauerei Th. Simon GmbH, of
represented by Michaela Huth-Dierig,
Bitburg (Germany),
lawyer. Anheuser-Busch,
Inc., of St Louis (United States of
America), was also a party to the proceedings before the Board
of Appeal.

The applicant claims that the Court should:

Action brought on 8 October 2004 by Henkel KGaA
the Office for Harmonisation in the Internal
against

Market (Trade Marks and Designs)

(Case T-398/04)

(2005/C 19/57)

(Language of the case: German)

— annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market
(Trade
Marks and Designs) of 22 June 2004 in appeal R 451/
2002-2;

— order the defendant to pay the costs.

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 8
October 2004 by Henkel KGaA, Düsseldorf (Germany), repre-
sented by C. Osterrieth, lawyer.
Judgment of the Court (Second Chamber) of 28 October 2004 in Case C-164/01 P G. van den Berg v Council of the European Union and Commission of the European Communities (Action for damages — Non-contractual liability — Milk — Additional levy — Reference quantity — Producers having entered into a non-marketing undertaking — SLOM producers — Change of holding — Refusal to grant a special reference quantity)
Date: 2005-01-22
Institutions: Court of Justice
Subjects: General Court (EU), action for annulment (EU), dairy production, farmer, indemnification, non-marketing premium

22.1.2005

EN

Official Journal of the European Union

C 19/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

2. Orders Mr van den Berg to pay the costs.

(Second Chamber)

of 28 October 2004

(1) OJ C 227 of 11.8.2001.

in Case C-164/01 P G. van den Berg v Council of the Euro-
pean Union and Commission of the European Commu-
nities (1)

(Action for damages — Non-contractual liability — Milk —
Additional levy — Reference quantity — Producers having
entered into a non-marketing undertaking — SLOM produ-
cers — Change of holding — Refusal to grant a special refer-
ence quantity)

(2005/C 19/01)

(Language of the case: Dutch)

residing in Dalfsen (Netherlands)

In Case C-164/01 P: appeal under Article 49 of the EC Statute
of the Court of Justice brought on 13 April 2001 by G. van
(avocat: E.H.
den Berg,
Pijnacker Hordijk), the other parties to the procedure being the
Council of the European Union (Agent: A.-M. Colaert) and the
Commission of the European Communities (Agent: T. van Rijn)
– the Court (Second Chamber), composed of: C.W.A. Timmer-
manns, President of
J.-P. Puissochet and N.
Colneric (Rapporteur), Judges; C. Stix-Hackl, Advocate General;
R. Grass, Registrar, gave a judgment on 28 October 2004, in
which it:

the Chamber,

1. Dismisses the appeal;

JUDGMENT OF THE COURT

(Third Chamber)

of 2 December 2004

in Case C-41/02: Commission of the European Commu-
nities v Kingdom of the Netherlands (1)

(Failure of a Member State to fulfil obligations — Articles
30 and 36 of the EC Treaty (now, after amendment, Articles
28 EC and 30 EC) — Foodstuffs to which vitamins or
mineral salts have been added — National legislation making
their marketing subject to there being a nutritional need —
Measures having equivalent effect — Justification — Public
health — Proportionality)

(2005/C 19/02)

(Language of the case: Dutch)

In Case C-41/02: action under Article 226 EC for failure to
fulfil obligations, brought on 13 February 2002, Commission
of the European Communities (Agents: H. van Lier and H.M.H.
Speyart) against Kingdom of the Netherlands (Agents: H.G.
Sevenster and S. Terstal) – the Court
(Third Chamber),
composed of: A. Rosas, President of the Chamber, A. Borg
J. Malenovský (Rapporteur) and U.
Barthet,
Lõhmus, Judges; M. Poiares Maduro, Advocate General; H. von
Holstein, Deputy Registrar, for the Registrar, has given a judg-
ment on 2 December 2004 in which it:

J.-P. Puissochet,
Removal from the register of Case C-62/04
Date: 2005-01-22
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, animal nutrition, disclosure of information, toxic substance

22.1.2005

EN

Official Journal of the European Union

C 19/17

Removal from the register of Case C-330/02 (1)

Removal from the register of Case C-518/03 (1)

(2005/C 19/33)

(Language of the case: English)

By order of 14 October 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-330/02: Commission of the Euro-
pean Communities v Ireland.

(1) OJ C 274 of 9.11.2002.

(2005/C 19/37)

(Language of the case: Swedish)

By order of 8 September 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-518/03: Commission of the Euro-
pean Communities v Kingdom of Sweden.

(1) OJ C 47 of 21.2.2004.

Removal from the register of Case C-77/03 (1)

(2005/C 19/34)

(Language of the case: German)

By order of 19 October 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-77/03: Commission of the Euro-
pean Communities v Federal Republic of Germany.

(1) OJ C 101 of 26.4.2003.

Removal from the register of Case C-257/03 (1)

(2005/C 19/35)

Removal from the register of Case C-62/04 (1)

(2005/C 19/38)

(Language of the case: Italian)

By order of 28 September 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-62/04: Commission of the Euro-
pean Communities v Italian Republic.

(Language of the case: English)

(1) OJ C 85 of 3.4.2004.

By order of 25 October 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-257/03: Commission of the Euro-
pean Communities v Ireland.

(1) OJ C 226 of 20.9.2003.

Removal from the register of Case C-340/03 (1)

(2005/C 19/36)

(Language of the case: German)

By order of 25 October 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-340/03: Commission of the Euro-
pean Communities v Republic of Austria.

Removal from the register of Case C-86/04 (1)

(2005/C 19/39)

(Language of the case: French)

By order of 14 October 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-86/04: Commission of the Euro-
pean Communities v Grand Duchy of Luxembourg.

(1) OJ C 226 of 20.9.2003.

(1) OJ C 85 of 3.4.2004.
Removal from the register of Case C-518/03
Date: 2005-01-22
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, biotechnology, intellectual property, invention

22.1.2005

EN

Official Journal of the European Union

C 19/17

Removal from the register of Case C-330/02 (1)

Removal from the register of Case C-518/03 (1)

(2005/C 19/33)

(Language of the case: English)

By order of 14 October 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-330/02: Commission of the Euro-
pean Communities v Ireland.

(1) OJ C 274 of 9.11.2002.

(2005/C 19/37)

(Language of the case: Swedish)

By order of 8 September 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-518/03: Commission of the Euro-
pean Communities v Kingdom of Sweden.

(1) OJ C 47 of 21.2.2004.

Removal from the register of Case C-77/03 (1)

(2005/C 19/34)

(Language of the case: German)

By order of 19 October 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-77/03: Commission of the Euro-
pean Communities v Federal Republic of Germany.

(1) OJ C 101 of 26.4.2003.

Removal from the register of Case C-257/03 (1)

(2005/C 19/35)

Removal from the register of Case C-62/04 (1)

(2005/C 19/38)

(Language of the case: Italian)

By order of 28 September 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-62/04: Commission of the Euro-
pean Communities v Italian Republic.

(Language of the case: English)

(1) OJ C 85 of 3.4.2004.

By order of 25 October 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-257/03: Commission of the Euro-
pean Communities v Ireland.

(1) OJ C 226 of 20.9.2003.

Removal from the register of Case C-340/03 (1)

(2005/C 19/36)

(Language of the case: German)

By order of 25 October 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-340/03: Commission of the Euro-
pean Communities v Republic of Austria.

Removal from the register of Case C-86/04 (1)

(2005/C 19/39)

(Language of the case: French)

By order of 14 October 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-86/04: Commission of the Euro-
pean Communities v Grand Duchy of Luxembourg.

(1) OJ C 226 of 20.9.2003.

(1) OJ C 85 of 3.4.2004.
Euro exchange rates
Date: 2005-01-22
Institutions: European Commission
Subjects: euro, exchange rate

22.1.2005

EN

Official Journal of the European Union

C 18/1

I

(Information)

COMMISSION

Euro exchange rates (1)

21 January 2005

(2005/C 18/01)

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

1,2963

LVL

Latvian lats

134,60

MTL Maltese lira

7,4417

0,69530

9,0570

1,5491

81,48

8,1970

1,9559

0,5820

PLN

ROL

SIT

SKK

TRY

Polish zloty

Romanian leu

Slovenian tolar

Slovak koruna

Turkish lira

AUD Australian dollar

CAD

HKD

Canadian dollar

Hong Kong dollar

30,373

NZD New Zealand dollar

15,6466

SGD

Singapore dollar

246,63

KRW South Korean won

3,4528

ZAR

South African rand

0,6962

0,4314

4,0763

38 564

239,77

38,660

1,7505

1,6979

1,5938

10,1097

1,8305

2,1257

1 345,62

7,8413

(1) Source: reference exchange rate published by the ECB.