do-me/EUR-LEX huggingface dataset:
Judgment of the Court (Fourth Chamber) of 9 December 2004 in Case C-523/03: Commission of the European Communities v Biotrast SA (Arbitration clause — Recovery of moneys advanced — Interest — Default procedure)
Date: 2005-02-19
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), advanced technology industry, research and development

C 45/10

EN

Official Journal of the European Union

19.2.2005

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fourth Chamber)

(Fifth Chamber)

of 9 December 2004

of 16 December 2004

in Case C-523/03: Commission of the European Commu-
nities v Biotrast SA (1)

in Case C-528/03: Commission of the European Commu-
nities v Kingdom of the Netherlands (1)

(Arbitration clause — Recovery of moneys advanced —
Interest — Default procedure)

(Failure by a Member State to fulfil its obligations — Direc-
tive 2002/35/EC — Maritime transport — Safety of fishing
vessels)

(2005/C 45/19)

(Language of the case: Greek)

(2005/C 45/20)

(Language of the case: Dutch)

In Case C-523/03 the Commission of the European Commu-
nities (Agents: D. Triantafyllou and N. Korogiannakis) v
Biotrast S.A., established in Thessaloniki
(Greece) – action
under Article 238 EC, brought on 15 December 2003 – the
Court (Fourth Chamber), composed of K. Lenaerts (Rapporteur),
President of the Chamber, J.N. Cunha Rodrigues and K. Schie-
mann, Judges; P. Léger, Advocate General; R. Grass, Registrar,
gave a judgment on 9 December 2004, in which it:

1) Orders Biotrast SA to pay to the Commission of the European
Communities a capital sum of EUR 661 838.82 plus interest at
the rate of 4.77 % per year from 31 December 2001 until 31
December 2002, at the rate of 6.77 % per year from 1 January
2003 until the date of the present judgment, and at an annual
rate applied under Greek law, now Article 3(2) of Law
2842/2000 on the replacement of the Drachma by the Euro, up
to a maximum rate of 6.77 % per year, from the date of the
present judgment until the payment of the debt in full.

In Case C-528/03: Commission of the European Communities
(Agents: W. Wils and K. Simonsson) v Kingdom of the Nether-
lands (Agents: H.G. Sevenster and C.A.H.M. ten Dam) – action
for failure to fulfil obligations under Article 226 EC, brought
on 18 December 2003 – the Court (Fifth Chamber), composed
of R. Silva de Lapuerta, President of the Chamber, J. Makarczyk
and P. Kÿris (Rapporteur), Judges; M. Poiares Maduro, Advocate
General; R. Grass, Registrar, gave a judgment on 16 December
2004, in which it:

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply fully with Commis-
sion Directive 2002/35/EC of 25 April 2002 amending Council
Directive 97/70/EC setting up a harmonised safety regime for
fishing vessels of 24 metres in length and over, the Kingdom of
the Netherlands has failed to fulfil its obligations under that direc-
tive.

2) Orders Biotrast S.A. to pay the costs.

2. Orders the Kingdom of the Netherlands to pay the costs.

(1) OJ C 59 of 6.3.2004

(1) OJ C 59 of 06.03.2004.
Removal from the register of Case C-35/04
Date: 2005-02-19
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, approximation of laws, copyright

19.2.2005

EN

Official Journal of the European Union

C 45/19

Removal from the register of Case C-50/03 (1)

Removal from the register of Case C-194/03 (1)

(2005/C 45/35)

(2005/C 45/38)

(Language of the case: German)

(Language of the case: German)

By order of 9 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-50/03 (reference for a preliminary
ruling from the Oberlandesgericht Rostok): 1. Simrad GmbH &
Co, KG, 2. Kongsberg Simrad AS v Ministerium für Bildung,
Wissenschaft und Kultur Macklenburg-Vorpommern.

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-194/03 (reference for a preliminary
ruling from the Finanzgericht Hamburg): Georg Friedrich Baur
Jr., executor of the estate of Georg Friedrich Baur Sr. v Haupt-
zollamt Kiel.

(1) OJ C 112 of 10.5.03.

(1) OJ C 213 of 6.9.03.

Removal from the register of Case C-95/03 (1)

Removal from the register of Case C-345/03 (1)

(2005/C 45/36)

(Language of the cas: French)

(2005/C 45/39)

(Language of the case: French)

By order of 8 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-95/03 (reference for a preliminary
ruling from the Tribunal du travail de Bruxelles): Vincenzo
Piliego v Centre public d'aide sociale de Bruxelles (CPAS).

By order of 29 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-345/03: Commission of the Euro-
pean Communities v Kingdom of Belgium.

(1) OJ C 101 of 26.4.03.

(1) OJ C 226, de 20.9.03.

Removal from the register of Case C-146/03 P (1)

Removal from the register of Case C-35/04 (1)

(2005/C 45/37)

(2005/C 45/40)

(Language of the case: English)

(Language of the case: French)

By order of 17 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-146/03 P: Philip Morris Interna-
tional Inc. v Commission of the European Communities.

By order of 24 September 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-35/04: Commission of the Euro-
pean Communities v Grand-Duchy of Luxembourg.

(1) OJ C 146 of 21.06.2003.

(1) OJ C 71 of 20.03.2004.
Removal from the register of Case C-146/03 P
Date: 2005-02-19
Institutions: Court of Justice
Subjects: EU Member State, European Commission, European Parliament, Japan, United States, action for annulment (EU), customs duties, tobacco industry

19.2.2005

EN

Official Journal of the European Union

C 45/19

Removal from the register of Case C-50/03 (1)

Removal from the register of Case C-194/03 (1)

(2005/C 45/35)

(2005/C 45/38)

(Language of the case: German)

(Language of the case: German)

By order of 9 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-50/03 (reference for a preliminary
ruling from the Oberlandesgericht Rostok): 1. Simrad GmbH &
Co, KG, 2. Kongsberg Simrad AS v Ministerium für Bildung,
Wissenschaft und Kultur Macklenburg-Vorpommern.

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-194/03 (reference for a preliminary
ruling from the Finanzgericht Hamburg): Georg Friedrich Baur
Jr., executor of the estate of Georg Friedrich Baur Sr. v Haupt-
zollamt Kiel.

(1) OJ C 112 of 10.5.03.

(1) OJ C 213 of 6.9.03.

Removal from the register of Case C-95/03 (1)

Removal from the register of Case C-345/03 (1)

(2005/C 45/36)

(Language of the cas: French)

(2005/C 45/39)

(Language of the case: French)

By order of 8 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-95/03 (reference for a preliminary
ruling from the Tribunal du travail de Bruxelles): Vincenzo
Piliego v Centre public d'aide sociale de Bruxelles (CPAS).

By order of 29 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-345/03: Commission of the Euro-
pean Communities v Kingdom of Belgium.

(1) OJ C 101 of 26.4.03.

(1) OJ C 226, de 20.9.03.

Removal from the register of Case C-146/03 P (1)

Removal from the register of Case C-35/04 (1)

(2005/C 45/37)

(2005/C 45/40)

(Language of the case: English)

(Language of the case: French)

By order of 17 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-146/03 P: Philip Morris Interna-
tional Inc. v Commission of the European Communities.

By order of 24 September 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-35/04: Commission of the Euro-
pean Communities v Grand-Duchy of Luxembourg.

(1) OJ C 146 of 21.06.2003.

(1) OJ C 71 of 20.03.2004.
Removal from the register of Case C-263/04
Date: 2005-02-19
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, administrative check, competition law, exchange of information, regulation of telecommunications

C 45/20

EN

Official Journal of the European Union

19.2.2005

Removal from the register of Case C-50/04 (1)

Removal from the register of Case C-238/04 (1)

(2005/C 45/41)

(Language of the case: Portuguese)

(2005/C 45/44)

(Language of the case: French)

By order of 18 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-50/04: Commission of the Euro-
pean Communities v Republic of Portugal.

By order of 2 December 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-238/04: Commission of the Euro-
pean Communities v French Republic.

(1) OJ C 71 of 20.03.2004.

(1) OJ C 190, de 24.7.04.

Removal from the register of Case C-106/04 (1)

(2005/C 45/42)

(Language of the case: French)

By order of 29 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-106/04: Commission of the Euro-
pean Communities v Kingdom of Belgium.

(1) OJ C 94 of 17.04.2004.

Removal from the register of Case C-263/04 (1)

(2005/C 45/45)

(Language of the case: French)

By order of 2 December 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-263/04: Commission of the Euro-
pean Communities v French Republic.

(1) OJ C 201 of 7.8.04.

Removal from the register of Case C-163/04 (1)

(2005/C 45/43)

(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-163/04 (reference for a preliminary
ruling from the Bundesfinanzhof): Franz Werner v Finanzamt
Cloppenburg.

(1) OJ C 118 of 30.4.04.

Removal from the register of Case C-382/04 (1)

(2005/C 45/46)

(Language of the case: French)

By order of 18 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-382/04: Commission of the Euro-
pean Communities v Grand-Duchy of Luxembourg.

(1) OJ C 262 23.10.2004.
Removal from the register of Case C-238/04
Date: 2005-02-19
Institutions: Court of Justice
Subjects: France, action for failure to fulfil an obligation, competition law, restriction on competition, telecommunications industry, telephone

C 45/20

EN

Official Journal of the European Union

19.2.2005

Removal from the register of Case C-50/04 (1)

Removal from the register of Case C-238/04 (1)

(2005/C 45/41)

(Language of the case: Portuguese)

(2005/C 45/44)

(Language of the case: French)

By order of 18 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-50/04: Commission of the Euro-
pean Communities v Republic of Portugal.

By order of 2 December 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-238/04: Commission of the Euro-
pean Communities v French Republic.

(1) OJ C 71 of 20.03.2004.

(1) OJ C 190, de 24.7.04.

Removal from the register of Case C-106/04 (1)

(2005/C 45/42)

(Language of the case: French)

By order of 29 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-106/04: Commission of the Euro-
pean Communities v Kingdom of Belgium.

(1) OJ C 94 of 17.04.2004.

Removal from the register of Case C-263/04 (1)

(2005/C 45/45)

(Language of the case: French)

By order of 2 December 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-263/04: Commission of the Euro-
pean Communities v French Republic.

(1) OJ C 201 of 7.8.04.

Removal from the register of Case C-163/04 (1)

(2005/C 45/43)

(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-163/04 (reference for a preliminary
ruling from the Bundesfinanzhof): Franz Werner v Finanzamt
Cloppenburg.

(1) OJ C 118 of 30.4.04.

Removal from the register of Case C-382/04 (1)

(2005/C 45/46)

(Language of the case: French)

By order of 18 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-382/04: Commission of the Euro-
pean Communities v Grand-Duchy of Luxembourg.

(1) OJ C 262 23.10.2004.
Non-opposition to a notified concentration (Case COMP/M.3603 — UPS/Menlo)Text with EEA relevance
Date: 2005-02-19
Institutions: European Commission
Subjects: economic concentration, merger control, postal service

19.2.2005

EN

Official Journal of the European Union

C 44/7

Non-opposition to a notified concentration

(Case COMP/M.3603 — UPS/Menlo)

(2005/C 44/08)

(Text with EEA relevance)

On 10 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 English 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 32004M3603. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)

Non-opposition to a notified concentration

(Case COMP/M.3707 — AXA/Camaieu)

(2005/C 44/09)

(Text with EEA relevance)

On 10 February 2005, 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/ ). 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 32005M3707. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Removal from the register of Case C-345/03
Date: 2005-02-19
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, environmental protection, metal waste, waste management, waste recycling

19.2.2005

EN

Official Journal of the European Union

C 45/19

Removal from the register of Case C-50/03 (1)

Removal from the register of Case C-194/03 (1)

(2005/C 45/35)

(2005/C 45/38)

(Language of the case: German)

(Language of the case: German)

By order of 9 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-50/03 (reference for a preliminary
ruling from the Oberlandesgericht Rostok): 1. Simrad GmbH &
Co, KG, 2. Kongsberg Simrad AS v Ministerium für Bildung,
Wissenschaft und Kultur Macklenburg-Vorpommern.

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-194/03 (reference for a preliminary
ruling from the Finanzgericht Hamburg): Georg Friedrich Baur
Jr., executor of the estate of Georg Friedrich Baur Sr. v Haupt-
zollamt Kiel.

(1) OJ C 112 of 10.5.03.

(1) OJ C 213 of 6.9.03.

Removal from the register of Case C-95/03 (1)

Removal from the register of Case C-345/03 (1)

(2005/C 45/36)

(Language of the cas: French)

(2005/C 45/39)

(Language of the case: French)

By order of 8 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-95/03 (reference for a preliminary
ruling from the Tribunal du travail de Bruxelles): Vincenzo
Piliego v Centre public d'aide sociale de Bruxelles (CPAS).

By order of 29 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-345/03: Commission of the Euro-
pean Communities v Kingdom of Belgium.

(1) OJ C 101 of 26.4.03.

(1) OJ C 226, de 20.9.03.

Removal from the register of Case C-146/03 P (1)

Removal from the register of Case C-35/04 (1)

(2005/C 45/37)

(2005/C 45/40)

(Language of the case: English)

(Language of the case: French)

By order of 17 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-146/03 P: Philip Morris Interna-
tional Inc. v Commission of the European Communities.

By order of 24 September 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-35/04: Commission of the Euro-
pean Communities v Grand-Duchy of Luxembourg.

(1) OJ C 146 of 21.06.2003.

(1) OJ C 71 of 20.03.2004.
Initiation of proceedings (Case COMP/M.3653 — Siemens/VA Tech)Text with EEA relevance
Date: 2005-02-19
Institutions: European Commission
Subjects: economic concentration, electrical industry, infringement procedure (EU), merger control

C 44/4

EN

Official Journal of the European Union

19.2.2005

Initiation of proceedings

(Case COMP/M.3653 — Siemens/VA Tech)

(2005/C 44/04)

(Text with EEA relevanse)

On 14 February 2005, the Commission decided to initiate proceedings in the above-mentioned case after
finding that the notified concentration raises serious doubts as to its compatibility with the common
market. The initiation of proceedings opens a second phase investigation with regard to the notified
concentration. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004.

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

In order to be fully taken into account in the procedure, observations should reach the Commission not
later than 15 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 COMP/M.3653 — Siemens/VA Tech,
to the following address:
Commission of the European Communities
Competition DG
Merger Registry
J-70
B-1049 Brussels
Removal from the register of Case C-194/03
Date: 2005-02-19
Institutions: Court of Justice
Subjects: agricultural quota, dairy production, interpretation of the law, marketing, means of agricultural production, milk product

19.2.2005

EN

Official Journal of the European Union

C 45/19

Removal from the register of Case C-50/03 (1)

Removal from the register of Case C-194/03 (1)

(2005/C 45/35)

(2005/C 45/38)

(Language of the case: German)

(Language of the case: German)

By order of 9 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-50/03 (reference for a preliminary
ruling from the Oberlandesgericht Rostok): 1. Simrad GmbH &
Co, KG, 2. Kongsberg Simrad AS v Ministerium für Bildung,
Wissenschaft und Kultur Macklenburg-Vorpommern.

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-194/03 (reference for a preliminary
ruling from the Finanzgericht Hamburg): Georg Friedrich Baur
Jr., executor of the estate of Georg Friedrich Baur Sr. v Haupt-
zollamt Kiel.

(1) OJ C 112 of 10.5.03.

(1) OJ C 213 of 6.9.03.

Removal from the register of Case C-95/03 (1)

Removal from the register of Case C-345/03 (1)

(2005/C 45/36)

(Language of the cas: French)

(2005/C 45/39)

(Language of the case: French)

By order of 8 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-95/03 (reference for a preliminary
ruling from the Tribunal du travail de Bruxelles): Vincenzo
Piliego v Centre public d'aide sociale de Bruxelles (CPAS).

By order of 29 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-345/03: Commission of the Euro-
pean Communities v Kingdom of Belgium.

(1) OJ C 101 of 26.4.03.

(1) OJ C 226, de 20.9.03.

Removal from the register of Case C-146/03 P (1)

Removal from the register of Case C-35/04 (1)

(2005/C 45/37)

(2005/C 45/40)

(Language of the case: English)

(Language of the case: French)

By order of 17 November 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-146/03 P: Philip Morris Interna-
tional Inc. v Commission of the European Communities.

By order of 24 September 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-35/04: Commission of the Euro-
pean Communities v Grand-Duchy of Luxembourg.

(1) OJ C 146 of 21.06.2003.

(1) OJ C 71 of 20.03.2004.
Prior notification of a concentration (Case COMP/M.3704 — CVC/Mivisa) — Candidate case for simplified procedureText with EEA relevance
Date: 2005-02-19
Institutions: European Commission
Subjects: economic concentration, merger control, tinplate and cutlery industry

19.2.2005

EN

Official Journal of the European Union

C 44/3

Prior notification of a concentration

(Case COMP/M.3704 — CVC/Mivisa)

Candidate case for simplified procedure

(2005/C 44/03)

(Text with EEA relevance)

1.
On 9 February 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 Sofamen XXI S.L. belonging to the CVC Group (‘CVC’, Luxembourg) acquires
within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking
Mivisa Envaces S.A. (‘Mivisa’, Spain) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for CVC: investment and management services to investment funds;

— for Mivisa: metal food cans and lids.

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) No139/2004 (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.3704 — CVC/Mivisa, 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.