do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.3687 — Johnson & Johnson/Guidant)Text with EEA relevance
Date: 2005-03-19
Institutions: European Commission
Subjects: cardiovascular disease, economic concentration, exchange of information, medical device, merger control

19.3.2005

EN

Official Journal of the European Union

C 68/29

Prior notification of a concentration

(Case COMP/M.3687 — Johnson & Johnson/Guidant)

(2005/C 68/06)

(Text with EEA relevance)

1.
On 15 March 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 Johnson & Johnson (‘J&J’,
USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the
undertaking Guidant Corporation (‘Guidant’, USA) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for J&J: consumer goods, pharmaceuticals, medical devices and diagnostic;

— for Guidant: medical devices used in the treatment of cardiovascular conditions.

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.

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.3687 — Johnson & Johnson/Guidant, to the following address:

European Commission
Directorate-General for Competition,
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 24, 29.1.2004, p. 1.
Euro exchange rates
Date: 2005-03-19
Institutions: European Commission
Subjects: euro, exchange rate

19.3.2005

EN

Official Journal of the European Union

C 68/11

I

(Information)

COMMISSION

Euro exchange rates (1)

18 March 2005

(2005/C 68/02)

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

1,3279

LVL

Latvian lats

139,28

MTL Maltese lira

7,4478

0,69345

9,1144

1,5495

78,08

8,1280

1,9558

0,5834

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

29,749

NZD New Zealand dollar

15,6466

SGD

Singapore dollar

245,66

KRW South Korean won

3,4528

ZAR

South African rand

0,6962

0,4324

4,0675

36 276

239,70

38,280

1,7546

1,6802

1,6027

10,3552

1,7951

2,1613

1 334,54

8,0401

(1) Source:

reference exchange rate published by the ECB.
Removal from the register of Opinion C-1/04
Date: 2005-03-19
Institutions: Court of Justice
Subjects: United States, customs cooperation, disclosure of information, interpretation of the law, legal basis, opinion of the Court of Justice (EU), personal data

C 69/12

EN

Official Journal of the European Union

19.3.2005

Action brought on 31 January 2005 by the Commission of
the European Communities against the Kingdom of Spain

Directive, Member States may ‘exempt’ from payment of that
remuneration only ‘certain categories of establishments’.

(Case C-36/05)

(2005/C 69/22)

(Language of the case: Spanish)

Justice of

An action against the Kingdom of Spain was brought before
the Court of
the European Communities on 31
January 2005 by the Commission of the European Commu-
nities, represented by Ramón Vidal and Wouter Wils, of its
Legal Service.

The Commission claims that the Court should:

1. declare that, by exempting lending by almost all, if not all,
categories of establishments from the obligation to pay a
remuneration to authors for the public lending of works
protected by copyright, the Kingdom of Spain has failed to
fulfil its obligations under Articles 1 and 5 of Council Direc-
tive 92/100/EEC of 19 November 1992 on rental right and
lending right and on certain rights related to copyright in
the field of intellectual property (1);

2. order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

Article 1 of Directive 92/100/EEC imposes a duty on Member
States to accord authors the exclusive right to authorise or
prohibit the lending of his works. Article 5(1) of the Directive
provides that the Member States may derogate from that exclu-
sive right, provided that authors at least obtain a remuneration
for unauthorised lending. In accordance with Article 5(3) of the

Articles 17 and 19 of the Ley de Propriedad Intelectual (Law on
Intellectual Property) (‘LPI’) recognise, in principle, the exclusive
right of authors to authorise lending of their works. However,
Article 37.2 of
the LPI renders that right meaningless, by
exempting practically every, if not all lending from the obliga-
tion to obtain the authors' prior authorisation and the obliga-
tion to pay a remuneration. On those grounds, the Commission
takes the view that Article 37.2 of the LPI is contrary to the
Kingdom of Spain's obligations under Articles 1, 5(1) and 5(3)
of the Directive.

(1) OJ L 346, de 27.11.1992, p. 61.

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

(2005/C 69/23)

(Languages of the case: all official languages)

By order of 16 December 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Opinion C-1/04: European Parliament.

(1) OJ C 118 of 30.4.2004.
Award of licences for point-multipoint broadband radio frequencies — Procedures for the award of licences for point-multipoint broadband radio network frequencies
Date: 2005-03-19
Institutions: European Commission
Subjects: Italy, award of contract, patents licence, telecommunications, transmission network, waveband

C 68/28

EN

Official Journal of the European Union

19.3.2005

Award of licences for point-multipoint broadband radio frequencies

Procedures for the award of licences for point-multipoint broadband radio network frequencies

(2005/C 68/05)

The ‘Ministero delle Comunicazioni della Repubblica Italiana’ (Ministry of Communications in the Republic
of Italy), ‘Direzione Generale per i Servizi di Comunicazione Elettronica e di Radiodiffusione’ hereby gives
notice that a procedure for the award of licences for point-multipoint broadband radio network frequencies
has been published in a notice in the Gazzetta Ufficiale della Repubblica Italiana No 45 of 24 February 2005,
‘Parte seconda’ (Part II),
‘Foglio delle Inserzioni’ (classified section), in accordance with Deliberation No
195/04/CONS of 23 June 2004 of the ‘Autorità per le Garanzie nelle Comunicazioni’.

Licences for geographical coverage areas each corresponding to the territory covered by an individual
Italian region or by the autonomous provinces of Trento and Bolzano, are available for:

(a) spectrum resources in the 24,5 - 26,5 GHz band: these consist of individual blocks equal to 56 MHz
for each part of the coupled spectrum which can be used in portions no larger than 28 MHz, and are
available for each geographical coverage area in the quantity specified hereafter:

6:: Abruzzo, Basilicata, Calabria, Friuli Venezia Giulia, Valle d'Aosta;

5:: Campania, Emilia Romagna, Lazio, Lombardy, Marche, Molise, Piemont, Puglia, Sardinia, Sicily;

4:: autonomous province of Bolzano, Liguria, Tuscany, autonomous province of Trento;

3:: Veneto;

(b) spectrum resources in the 27,5 - 29,5 GHz band: these consist of individual blocks each equal to
112 MHz for each part of the coupled spectrum which can be used in portions no larger than
28 MHz; two are available for each geographical coverage area.

40 calendar days must be allowed to pass from the date of publication of the notice in the Gazzetta Ufficiale
della Repubblica Italiana before applications can be submitted for the assignment of frequency licences.
Applications must conform to the terms and procedures stated in the notice and the tender specifications.

Parties seeking further information concerning the procedure for assigning licences, the frequencies to be
assigned, the qualifications and procedures for participation, the charges for assigning frequency licences,
and the obligations incumbent on assignees, are invited to consult the notice and the tender specifications
on the Ministry's web site (www.comunicazioni.it).
Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty — Cases where the Commission raises no objectionsText with EEA relevance
Date: 2005-03-19
Institutions: European Commission
Subjects: Netherlands, State aid, control of State aid, dredging, environmental tax, tax exemption, waste management

19.3.2005

EN

Official Journal of the European Union

C 68/27

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2005/C 68/04)

(Text with EEA relevance)

Date of adoption of the decision: 2 February 2005

Member State: The Netherlands

Aid No: N 574/2004

Title: exemption from waste tax for dredging sludge

Objective (sector): protection of the environment, waterways infrastructure.

Legal basis: Artikel 17, eerste lid, van de Wet belastingen op milieugrondslag

Budget: some EUR 75 million (estimate for 2004).

Duration: unlimited

Other information: The authentic text(s) of the decision, from which all confidential information has
been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids
Removal from the Register of Case T-189/04
Date: 2005-03-19
Institutions: Court of First Instance
Subjects: European Economic and Social Committee, European official, action by staff, action for annulment (EU), competition (EU), professional experience

19.3.2005

EN

Official Journal of the European Union

C 69/27

— the memorandum of 22 November 2004 PEP Sicilia;

Removal from the Register of Case T-189/04 (1)

— the memorandum of 24 November 2004 PEP Puglia;

— the memorandum of 29 November 2004 SPD IP Trento;

— the memorandum of 16 December 2004 PEP Puglia;

— the memorandum of 17 December 2004 PEP Campania;

— the memorandum of 10 January 2005 NOP Local enter-

prise development.

2. order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are the same as those put
forward in Case T-345/04 Italian Republic v Commission (1).

(1) OJ C 262 of 23.10.2004, p. 55.

(2005/C 69/47)

(Language of the case: French)

the Court of First

By order of 16 December 2004, the President of the Fourth
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-189/04, Christian van der Haegen v European
Economic and Social Committee.

Instance of

(1) OJ C 217 of 28.8.2004.
Judgment of the Court (First Chamber) of 13 January 2005 in Case C-181/03 P: Albert Nardone, v Commission of the European Communities (Appeal — Former official — Application for invalidity pension — Conditions for granting)
Date: 2005-03-19
Institutions: Court of Justice
Subjects: European official, action for annulment (EU), disability insurance, regulations for civil servants

19.3.2005

EN

Official Journal of the European Union

C 69/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 13 January 2005

(Fourth Chamber)

of 13 January 2005

in Case C-181/03 P: Albert Nardone, v Commission of the
European Communities (1)

(Appeal — Former official — Application for invalidity
pension — Conditions for granting)

in Case C-126/04 (reference for a preliminary ruling from
the College van Beroep voor het bedrijfsleven): Heineken
Brouwerijen BV v Hoofdproductschap Akkerbouw (1)

(Cereals — Import regime — Community tariff quota for
barley for malting — Discrimination)

(2005/C 69/01)

(Language of the case: French)

(2005/C 69/02)

(Language of the case: Dutch)

In Case C-181/03 P: appeal under Article 56 of the Statute of
the Court of Justice, lodged at the Court on 25 April 2003 by
Albert Nardone, former official of the Commission of the Euro-
pean Communities, residing in Piétrain (Belgium),
(lawyer: I.
Kletzlen), the other party to the proceedings being the Commis-
sion of the European Communities (Agent: J. Currall) – the
Court (First Chamber), composed of P. Jann, President of the
Chamber, A. Rosas, R. Silva de Lapuerta (Rapporteur), S. von
Bahr and K. Schiemann, Judges; L.M. Poiares Maduro, Advocate
General; M.-F. Contet, Principal Administrator, for the Regis-
trar, gave a judgment on 13 January 2005, in which it:

1. Dismisses the appeal;

2. Orders Mr Nardone to pay the costs.

(1) OJ C 158 of 5.7.2003.

In Case C-126/04: reference to the Court under Article 234 EC
from the College van Beroep voor het bedrijfsleven (Nether-
lands), made by decision of 18 February 2004, received at the
Court on 8 March 2004, in the proceedings between Heineken
Brouwerijen BV and Hoofdproductschap Akkerbouw – the
Court (Fourth Chamber), composed of K. Lenaerts (Rapporteur),
President of the Chamber, E. Juhász and M. Ilešič, Judges; C.
Stix-Hackl Advocate General; R. Grass, Registrar, has given a
judgment on 13 January 2005, in which it has ruled:

Consideration of the questions raised has disclosed nothing capable of
affecting the validity of Council Regulation (EC) No 1269/1999 of
14 June 1999 and Council Regulation No 822/2001 of 24 April
2001 opening a Community tariff quota for barley for malting
falling within CN code 1003 00.

(1) OJ C 106 of 30.04.2004.
Judgment of the Court (Fourth Chamber) of 13 January 2005 in Case C-126/04 (reference for a preliminary ruling from the College van Beroep voor het bedrijfsleven): Heineken Brouwerijen BV v Hoofdproductschap Akkerbouw (Cereals — Import regime — Community tariff quota for barley for malting — Discrimination)
Date: 2005-03-19
Institutions: Court of Justice
Subjects: CCT duties, barley, beer, beverage industry, competition law, interpretation of the law, tariff quota

19.3.2005

EN

Official Journal of the European Union

C 69/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(First Chamber)

of 13 January 2005

(Fourth Chamber)

of 13 January 2005

in Case C-181/03 P: Albert Nardone, v Commission of the
European Communities (1)

(Appeal — Former official — Application for invalidity
pension — Conditions for granting)

in Case C-126/04 (reference for a preliminary ruling from
the College van Beroep voor het bedrijfsleven): Heineken
Brouwerijen BV v Hoofdproductschap Akkerbouw (1)

(Cereals — Import regime — Community tariff quota for
barley for malting — Discrimination)

(2005/C 69/01)

(Language of the case: French)

(2005/C 69/02)

(Language of the case: Dutch)

In Case C-181/03 P: appeal under Article 56 of the Statute of
the Court of Justice, lodged at the Court on 25 April 2003 by
Albert Nardone, former official of the Commission of the Euro-
pean Communities, residing in Piétrain (Belgium),
(lawyer: I.
Kletzlen), the other party to the proceedings being the Commis-
sion of the European Communities (Agent: J. Currall) – the
Court (First Chamber), composed of P. Jann, President of the
Chamber, A. Rosas, R. Silva de Lapuerta (Rapporteur), S. von
Bahr and K. Schiemann, Judges; L.M. Poiares Maduro, Advocate
General; M.-F. Contet, Principal Administrator, for the Regis-
trar, gave a judgment on 13 January 2005, in which it:

1. Dismisses the appeal;

2. Orders Mr Nardone to pay the costs.

(1) OJ C 158 of 5.7.2003.

In Case C-126/04: reference to the Court under Article 234 EC
from the College van Beroep voor het bedrijfsleven (Nether-
lands), made by decision of 18 February 2004, received at the
Court on 8 March 2004, in the proceedings between Heineken
Brouwerijen BV and Hoofdproductschap Akkerbouw – the
Court (Fourth Chamber), composed of K. Lenaerts (Rapporteur),
President of the Chamber, E. Juhász and M. Ilešič, Judges; C.
Stix-Hackl Advocate General; R. Grass, Registrar, has given a
judgment on 13 January 2005, in which it has ruled:

Consideration of the questions raised has disclosed nothing capable of
affecting the validity of Council Regulation (EC) No 1269/1999 of
14 June 1999 and Council Regulation No 822/2001 of 24 April
2001 opening a Community tariff quota for barley for malting
falling within CN code 1003 00.

(1) OJ C 106 of 30.04.2004.
Case C-36/05: Action brought on 31 January 2005 by the Commission of the European Communities against the Kingdom of Spain
Date: 2005-03-19
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, copyright, intellectual property

C 69/12

EN

Official Journal of the European Union

19.3.2005

Action brought on 31 January 2005 by the Commission of
the European Communities against the Kingdom of Spain

Directive, Member States may ‘exempt’ from payment of that
remuneration only ‘certain categories of establishments’.

(Case C-36/05)

(2005/C 69/22)

(Language of the case: Spanish)

Justice of

An action against the Kingdom of Spain was brought before
the Court of
the European Communities on 31
January 2005 by the Commission of the European Commu-
nities, represented by Ramón Vidal and Wouter Wils, of its
Legal Service.

The Commission claims that the Court should:

1. declare that, by exempting lending by almost all, if not all,
categories of establishments from the obligation to pay a
remuneration to authors for the public lending of works
protected by copyright, the Kingdom of Spain has failed to
fulfil its obligations under Articles 1 and 5 of Council Direc-
tive 92/100/EEC of 19 November 1992 on rental right and
lending right and on certain rights related to copyright in
the field of intellectual property (1);

2. order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

Article 1 of Directive 92/100/EEC imposes a duty on Member
States to accord authors the exclusive right to authorise or
prohibit the lending of his works. Article 5(1) of the Directive
provides that the Member States may derogate from that exclu-
sive right, provided that authors at least obtain a remuneration
for unauthorised lending. In accordance with Article 5(3) of the

Articles 17 and 19 of the Ley de Propriedad Intelectual (Law on
Intellectual Property) (‘LPI’) recognise, in principle, the exclusive
right of authors to authorise lending of their works. However,
Article 37.2 of
the LPI renders that right meaningless, by
exempting practically every, if not all lending from the obliga-
tion to obtain the authors' prior authorisation and the obliga-
tion to pay a remuneration. On those grounds, the Commission
takes the view that Article 37.2 of the LPI is contrary to the
Kingdom of Spain's obligations under Articles 1, 5(1) and 5(3)
of the Directive.

(1) OJ L 346, de 27.11.1992, p. 61.

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

(2005/C 69/23)

(Languages of the case: all official languages)

By order of 16 December 2004 the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Opinion C-1/04: European Parliament.

(1) OJ C 118 of 30.4.2004.