do-me/EUR-LEX huggingface dataset:
Judgment of the Court of First Instance of 26 January 2005 in Case T-267/03 Anna Maria Roccato v the Commission of the European Communities (Officials — Internal competition — Non-admission to oral test — Selection Board's discretion — Scope of judicial review)
Date: 2005-04-02
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition (EU)

C 82/28

EN

Official Journal of the European Union

2.4.2005

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 26 January 2005

of 26 January 2005

in Case T-193/02: Laurent Piau v Commission of the Euro-
pean Communities (1)

(Fédération internationale de football association (FIFA)
Players' agents regulation — Decision of an association of
undertakings — Articles 49 EC, 81 EC and 82 EC —
Complaint — Lack of Community interest — Rejection)

in Case T-267/03 Anna Maria Roccato v the Commission
of the European Communities (1)

(Officials — Internal competition — Non-admission to oral
test — Selection Board's discretion — Scope of judicial
review)

(2005/C 82/54)

(Language of the case: French)

In Case T-193/02: Laurent Piau, residing in Nantes (France),
represented by M. Fauconnet, lawyer, against Commission of
the European Communities (Agent: O. Beynet and A. Bouquet
with an address for service in Luxembourg), supported by
Fédération internationale de football association (FIFA), estab-
lished in Zurich (Switzerland), represented by F. Louis and A.
Vallery, lawyers — application for annulment of the Commis-
sion decision of 15 April 2002 rejecting the applicant's
complaint concerning the Fédération internationale de football
association (FIFA) Players' agents regulation — the Court of
First Instance (Fourth Chamber), composed of H. Legal, Presi-
dent, V. Tiili and M. Vilaras, Judges; I. Natsinas, Administrator,
in
for the Registrar, gave a judgment on 26 January 2005,
which it:

1. Dismisses the application.

(2005/C 82/55)

(Language of the case: French)

In Case T-267/03: Anna Maria Roccato a former official of the
Commission of the European Communities, residing in Brux-
elles (Belgium), represented by G. Vandersanden and L. Levi,
lawyers, against the Commission of the European Communities
(Agents: H. Tserepa-Lacombe and F. Clotuche-Duvieusart, with
an address for service in Luxembourg) – application for annul-
ment of the decision of the Selection Board in competition
COM/PB/99 of 24 January 2003 and claim for damages – the
Court of First
Instance (Fourth Chamber), composed of H.
Legal, President, V. Tiili and V. Vadapalas, Judges; I. Natsinas,
Administrator,
for the Registrar, gave a judgment on 26
January 2005, in which it:

2. Orders the applicant

to bear its own costs and to pay those

incurred by the Commission.

1. Dismisses the application.

3. Orders the Fédération internationale de football association to bear

its own costs.

2. Orders the parties to bear their own costs.

(1) OJ C 219 of 14.09.2002.

(1) OJ C 239 of 4.10.2003.
Removal from the Register of Case T-131/03
Date: 2005-04-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), beverage industry, trade-mark law

2.4.2005

EN

Official Journal of the European Union

C 82/45

further contends that

The applicant
the Commission also
violated its duty under Article 253 EC to provide adequate
reasons for its decision, since it relied on information consid-
ered confidential and not disclosed to the applicant.

as

The applicant also invokes the fact that Portugal's gas market
‘emergent’ under Article 28(2) of Directive
qualifies
2003/55 (1) and benefits from a derogation from that directive
until April 2007. The applicant considers that by assessing the
effects of the concentration on a gas market not open to
competition, the Commission infringed the right of the Portu-
guese government to restructure the gas sector during the dero-
gation period. Further, it alleges that the Commission misap-
plied the substantive test in Article 2 of Regulation 4064/89 (2)
by purporting to evaluate the effects of the proposed concen-
tration at the end of the derogation period, several years later.

A further violation of that article as well as of the duty to state
reasons consists, according to the applicant, in the Commis-
sion's failure to assess whether the strengthening of the appli-
cant and of Gás de Portugal's dominant position in the electri-
city and gas markets would have significantly impeded compe-
tition.

proposed transaction should be declared incompatible with the
common market.

(1) Directive 2003/55/EC of

the
Council of 26 June 2003 concerning common rules for the internal
market in natural gas and repealing Directive 98/30/EC (OJ L 176
p. 57).

the European Parliament and of

(2) Council Regulation (EEC) No 4064/89 of 21 December 1989 on
the control of concentrations between undertakings (OJ L 257/90 p.
13).

Removal from the Register of Case T-131/03 (1)

(2005/C 82/79)

(Language of the case: German)

the Court of First

By order of 13 January 2005, the President of the Second
the European
Chamber of
Communities has ordered the removal from the Register of
Case T-131/03, Sinziger Mineralbrunnen GmbH v Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs).

Instance of

Finally, the applicant contends that the Commission violated
Article 8(2) and 8(3) of Regulation 4064/89 by concluding
that, despite the commitments proposed by the parties, the

(1) OJ C 158 of 5.7.2003.
Interest rate applied by the European Central Bank to its main refinancing operations: 2,05 % on 1 April 2005 — Euro exchange rates
Date: 2005-04-02
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, financing, interest

2.4.2005

EN

Official Journal of the European Union

C 81/3

COMMISSION

Interest rate applied by the European Central Bank to its main refinancing operations (1):

2,05 % on 1 April 2005

Euro exchange rates (2)

1 April 2005

(2005/C 81/02)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CYP

CZK

EEK

HUF

LTL

LVL

MTL

PLN

ROL

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

Latvian lats

Maltese lira

Polish zloty

Romanian leu

1,2959

139,07

7,4502

0,68665

9,1687

1,5527

78,59

8,195

1,9558

0,584

30,031

15,6466

247,25

3,4528

0,696

0,4304

4,0876

36 627

SIT

SKK

TRY

Slovenian tolar

Slovak koruna

Turkish lira

AUD Australian dollar

CAD

HKD

Canadian dollar

Hong Kong dollar

NZD New Zealand dollar

SGD

Singapore dollar

239,7

38,75

1,7521

1,6803

1,5736

10,1063

1,8239

2,1449

KRW South Korean won

1 306,01

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

8,0119

10,7255

7,422

Indonesian rupiah

12 272,17

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,9243

70,944

36,115

50,745

(1) Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender,

the interest rate is the marginal rate.

(2) Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.3772 — Aviva/RAC)Text with EEA relevance
Date: 2005-04-02
Institutions: European Commission
Subjects: economic concentration, exchange of information, insurance, investment transaction, life assurance, merger control, motor vehicle industry, provision of services

2.4.2005

EN

Official Journal of the European Union

C 81/9

Prior notification of a concentration

(Case COMP/M.3772 — Aviva/RAC)

(2005/C 81/07)

(Text with EEA relevance)

1.
On 29 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 Aviva plc (‘Aviva’, United
Kingdom), belonging to the Aviva group, acquires within the meaning of Article 3(1)(b) of the Council
Regulation control of the whole of the undertaking RAC plc (‘RAC’, United Kingdom) by way of public bid
announced on 9 March 2005.

2.

The business activities of the undertakings concerned are:

— for Aviva: provision of life and non-life insurance; long term savings and fund management,

— for RAC: provision of motoring and vehicle related products and services, including roadside assistance,

driving tuition, vehicle leasing and fleet management.

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.3772 — Aviva/RAC, 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.
Information relating to the entry into force of the Agreement establishing an association between the European Community and its Member States and the Republic of Chile
Date: 2005-04-02
Institutions: Council of the European Union
Subjects: Chile, association agreement (EU)

2.4.2005

EN

Official Journal of the European Union

L 84/21

Information relating to the entry into force of the Agreement establishing an association between
the European Community and its Member States and the Republic of Chile

The Agreement establishing an association between the European Community and its Member States and
the Republic of Chile (1) entered into force on 1 March 2005, the procedures provided for in Article 198 of
the Agreement having been completed on 28 February 2005.

(1) OJ L 352, 30.12.2002, p. 3 and OJ L 332, 19.12.2003, p. 64.
Prior notification of a concentration (Case COMP/M.3782 — CVC/Forbo) — Candidate case for simplified procedureText with EEA relevance
Date: 2005-04-02
Institutions: European Commission
Subjects: adhesive, economic concentration, exchange of information, floor coverings, merger control, private investment

2.4.2005

EN

Official Journal of the European Union

C 81/7

Prior notification of a concentration

(Case COMP/M.3782 — CVC/Forbo)

Candidate case for simplified procedure

(2005/C 81/05)

(Text with EEA relevance)

1.
On 22 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 CVC European Equity Part-
ners III L.P. (‘CVC’, Grand Cayman), through its subsidiary AFB Investment S.A., Luxemburg, acquires
within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking
Forbo Holding AG (‘Forbo’, Switzerland) by way of a public bid announced on 8 March 2005.

2.

The business activities of the undertakings concerned are:

— CVC: Private equity company,

— Forbo: Flooring, adhesives and belting.

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.3782 — CVC/Forbo, 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.
Prior notification of a concentration (Case COMP/M.3692 — Reuters/Telerate)Text with EEA relevance
Date: 2005-04-02
Institutions: European Commission
Subjects: economic concentration, exchange of information, financial market, information, merger control, press agency, source of information

C 81/8

EN

Official Journal of the European Union

2.4.2005

Prior notification of a concentration

(Case COMP/M.3692 — Reuters/Telerate)

(2005/C 81/06)

(Text with EEA relevance)

1.
On 29 March 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 Reuters Limited (‘Reuters’), United Kingdom, acquires within the meaning of Article
3(1)(b) of the Council Regulation control of the whole of the undertaking Moneyline Telerate Holdings
(‘Telerate’), USA, by way of purchase of assets.

2.

The business activities of the undertakings concerned are:

— for undertaking Reuters: Provision of information for financial services, media and corporate sectors,

— for undertaking Telerate: Provider of financial market data and news.

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.3692 — Reuters/Telerate, 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.
Corrigendum to Commission Regulation (EC) No 495/2005 of 30 March 2005 derogation from Regulation (EC) No 824/2000 as regards the period for delivering cereals into intervention in some Member States in the 2004/2005 marketing year (OJ L 82, 31.3.2005)
Date: 2005-04-02
Institutions: European Commission
Subjects: accession to the European Union, agricultural productivity, cereals, derogation from EU law, intervention agency, intervention price, market prices, production

L 84/22

EN

Official Journal of the European Union

2.4.2005

CORRIGENDA

Corrigendum to Commission Regulation (EC) No 495/2005 of 30 March 2005 derogation from Regulation (EC)
No 824/2000 as regards the period for delivering cereals into intervention in some Member States in the
2004/2005 marketing year

(Official Journal of the European Union L 82 of 31 March 2005)

On page 5, in Article 1, sixth line:

for:

read:

‘… the end of the sixth month following …’,
‘… the end of the seventh month following …’.
Prior notification of a concentration (Case COMP/M.3726 — Dansk Supermarked/Netto) — Candidate case for simplified procedureText with EEA relevance
Date: 2005-04-02
Institutions: European Commission
Subjects: Denmark, Germany, air transport, consumer goods, economic concentration, exchange of information, maritime transport, merger control, petroleum exploration, retail selling

C 81/6

EN

Official Journal of the European Union

2.4.2005

Prior notification of a concentration

(Case COMP/M.3726 — Dansk Supermarked/Netto)

Candidate case for simplified procedure

(2005/C 81/04)

(Text with EEA relevance)

1.
On 18 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 Dansk Supermarked A/S
(‘DS’, Denmark), jointly controlled by A.P. Møller — Mærsk Group (‘A.P. Møller’, Denmark) and F. Salling
A/S (‘F. Salling’, Denmark), acquires within the meaning of Article 3(1)(b) of the Council Regulation control
of the whole of the undertaking Offene Handelsgesellschaft Netto Supermarkt GmbH CO (‘NS’, Germany)
by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for DS: retail of daily consumer goods mainly in Denmark,

— for A.P. Møller: mainly shipping, oil drilling, shipbuilding, aviation and retail,

— for F. Salling: primarily active in the retail sector in Denmark,

— for NS: retail of daily consumer goods in Germany.

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. 3726 — Dansk Supermarked/Netto, 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.