do-me/EUR-LEX huggingface dataset:
Removal from the register of Case C-501/03
Date: 2005-04-16
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, rail transport, transport policy

16.4.2005

EN

Official Journal of the European Union

C 93/23

Removal from the register of Case C-165/02 (1)

Removal from the register of Case C-501/03 (1)

(2005/C 93/43)

(Language of the case: Spanish)

(2005/C 93/45)

(Language of the case: Swedish)

By order of 7 December 2004, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-165/02: Kingdom of Spain v
Commission of the European Communities.

By order of 10 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-501/03 Commission of the Euro-
pean Communities v Kingdom of Sweden.

(1) OJ C 144 of 15.06.2002.

(1) OJ C 21 of 24.01.2004.

Removal from the register of Case C-272/02 (1)

(2005/C 93/44)

(Language of the case: English)

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-272/02: Commission of the Euro-
pean Communities v Council of the European Union.

Removal from the register of Case C-100/04 (1)

(2005/C 93/46)

(Language of the case: Italian)

By order of 13 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-100/04 Commission of the Euro-
pean Communities v Republic of Italy.

(1) OJ C 219 of 14.09.2002.

(1) OJ C 94 of 17.04.2004.
Non-opposition to a notified concentration (Case COMP/M.3511 — Wiener Börse et al./Budapest Stock Exchange/Budapest Commodity Exchange/KELER/JV)Text with EEA relevance
Date: 2005-04-16
Institutions: European Commission
Subjects: access to information, economic concentration, financial institution, financial market, merger control, restrictive-practice authorisation

16.4.2005

EN

Official Journal of the European Union

C 92/33

Non-opposition to a notified concentration

(Case COMP/M.3700 — EDP/LogicaCMG/Edinfor)

(2005/C 92/11)

(Text with EEA relevance)

On 1 April 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 Regulation
(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 32005M3700. 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.3511 — Wiener Börse et al./Budapest Stock Exchange/Budapest Commodity
Exchange/KELER/JV)

(2005/C 92/12)

(Text with EEA relevance)

On 22 March 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 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 32005M3511. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Removal from the register of Case C-272/02
Date: 2005-04-16
Institutions: Court of Justice
Subjects: VAT, action for annulment (EU), administrative cooperation, electronic commerce, legal basis, tax law, tax system

16.4.2005

EN

Official Journal of the European Union

C 93/23

Removal from the register of Case C-165/02 (1)

Removal from the register of Case C-501/03 (1)

(2005/C 93/43)

(Language of the case: Spanish)

(2005/C 93/45)

(Language of the case: Swedish)

By order of 7 December 2004, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-165/02: Kingdom of Spain v
Commission of the European Communities.

By order of 10 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-501/03 Commission of the Euro-
pean Communities v Kingdom of Sweden.

(1) OJ C 144 of 15.06.2002.

(1) OJ C 21 of 24.01.2004.

Removal from the register of Case C-272/02 (1)

(2005/C 93/44)

(Language of the case: English)

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-272/02: Commission of the Euro-
pean Communities v Council of the European Union.

Removal from the register of Case C-100/04 (1)

(2005/C 93/46)

(Language of the case: Italian)

By order of 13 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-100/04 Commission of the Euro-
pean Communities v Republic of Italy.

(1) OJ C 219 of 14.09.2002.

(1) OJ C 94 of 17.04.2004.
Removal from the register of Case C-100/04
Date: 2005-04-16
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, air quality, environmental protection, environmental standard, eutrophication, pollution control, public health

16.4.2005

EN

Official Journal of the European Union

C 93/23

Removal from the register of Case C-165/02 (1)

Removal from the register of Case C-501/03 (1)

(2005/C 93/43)

(Language of the case: Spanish)

(2005/C 93/45)

(Language of the case: Swedish)

By order of 7 December 2004, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-165/02: Kingdom of Spain v
Commission of the European Communities.

By order of 10 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-501/03 Commission of the Euro-
pean Communities v Kingdom of Sweden.

(1) OJ C 144 of 15.06.2002.

(1) OJ C 21 of 24.01.2004.

Removal from the register of Case C-272/02 (1)

(2005/C 93/44)

(Language of the case: English)

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-272/02: Commission of the Euro-
pean Communities v Council of the European Union.

Removal from the register of Case C-100/04 (1)

(2005/C 93/46)

(Language of the case: Italian)

By order of 13 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-100/04 Commission of the Euro-
pean Communities v Republic of Italy.

(1) OJ C 219 of 14.09.2002.

(1) OJ C 94 of 17.04.2004.
Non-opposition to a notified concentration (Case COMP/M.3700 — EDP/LogicaCMG/Edinfor)Text with EEA relevance
Date: 2005-04-16
Institutions: European Commission
Subjects: access to information, economic concentration, information technology industry, merger control, restrictive-practice authorisation, telecommunications industry

16.4.2005

EN

Official Journal of the European Union

C 92/33

Non-opposition to a notified concentration

(Case COMP/M.3700 — EDP/LogicaCMG/Edinfor)

(2005/C 92/11)

(Text with EEA relevance)

On 1 April 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 Regulation
(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 32005M3700. 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.3511 — Wiener Börse et al./Budapest Stock Exchange/Budapest Commodity
Exchange/KELER/JV)

(2005/C 92/12)

(Text with EEA relevance)

On 22 March 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 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 32005M3511. 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.3612 — Henkel/Sovereign)Text with EEA relevance
Date: 2005-04-16
Institutions: European Commission
Subjects: access to information, chemical industry, economic concentration, merger control, restrictive-practice authorisation

C 92/32

EN

Official Journal of the European Union

16.4.2005

Non-opposition to a notified concentration

(Case COMP/M.3612 — Henkel/Sovereign)

(2005/C 92/09)

(Text with EEA relevance)

On 22 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 32004M3612. 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.3730 — Lukoil/Teboil/Suomen Petrooli)

(2005/C 92/10)

(Text with EEA relevance)

On 17 March 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 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 32005M3730. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Public presentation of the preliminary findings of the New Media (3G) Sector InquiryText with EEA relevance
Date: 2005-04-16
Institutions: European Commission
Subjects: EU control, audiovisual programme, competition law, sale, sporting event, video communications

C 92/8

EN

Official Journal of the European Union

16.4.2005

Public presentation of the preliminary findings of the New Media (3G) Sector Inquiry

(2005/C 92/04)

(Text with EEA relevance)

The European Commission has conducted under Article 17 of Regulation (EC) No 1/2003 a sector inquiry
on the sale of sports rights to providers of third generation (3G) mobile phone services, jointly with the
EFTA Surveillance Authority. A public presentation of the preliminary findings of this inquiry will be held
in Brussels on 27 May 2005 and opportunity for comment will be given. Interest in attending this public
presentation should be expressed before 16 May 2005 by e-mail to:

comp-sector-inquiry-3g@cec.eu.int

Further information will be made available on DG COMP website:

http://europa.eu.int/comm/competition/antitrust/others/sector_inquiries/new_media/3g/
Final report of the hearing officer in Case COMP/M.3255 — Tetra Laval/Sidel (pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21) (Text with EEA relevance)
Date: 2005-04-16
Institutions: European Commission
Subjects: administrative procedure, application of EU law, audit, beverage industry, competition law, economic concentration, packaging product, preparation for market, self-employed person

16.4.2005

EN

Official Journal of the European Union

C 92/31

Final report of the hearing officer in Case COMP/M.3255 — Tetra Laval/Sidel

(pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms
of reference of Hearing Officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

(2005/C 92/08)

(Text with EEA relevance)

The draft decision based on Article 14 of Council Regulation (EC) No 4064/89 in the present case does
not give rise to particular comments on the proceedings.

On 1 August 2003 the Commission sent a statement of objections to Tetra Laval B.V. (‘Tetra Laval’).
Access to file was made available by way of CD-Rom. This CD-Rom was transmitted on 12 September
2003.

Tetra Laval submitted a written response to the Statement of Objections on 31 October 2003, but waived
their right to be heard orally.

On 5 March 2004 the Commission addressed a letter to the parties setting out certain additional elements
of fact that it intended to rely upon and gave the parties the opportunity to supply any comments. Tetra
Laval responded on 12 March 2004.

Accordingly, I conclude that the rights to be heard have been respected in the present case.

Brussels, 19 April 2004.

Karen WILLIAMS
Non-opposition to a notified concentration (Case COMP/M.3730 — Lukoil/Teboil/Suomen Petrooli)Text with EEA relevance
Date: 2005-04-16
Institutions: European Commission
Subjects: access to information, economic concentration, merger control, oil industry, petroleum product, restrictive-practice authorisation, retail selling, wholesale selling

C 92/32

EN

Official Journal of the European Union

16.4.2005

Non-opposition to a notified concentration

(Case COMP/M.3612 — Henkel/Sovereign)

(2005/C 92/09)

(Text with EEA relevance)

On 22 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 32004M3612. 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.3730 — Lukoil/Teboil/Suomen Petrooli)

(2005/C 92/10)

(Text with EEA relevance)

On 17 March 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 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 32005M3730. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Opinion of the Advisory Committee on Concentrations given at its 124th meeting on 26 March 2004 concerning a draft decision relating to Case COMP/M.3255 — Tetra Laval/Sidel (Text with EEA relevance)
Date: 2005-04-16
Institutions: Advisory Committee on Concentrations
Subjects: advisory committee (EU), beverage industry, economic concentration, fine, infringement of EU law, opinion (EU), packaging product, preparation for market

C 92/30

EN

Official Journal of the European Union

16.4.2005

Opinion of the Advisory Committee on Concentrations given at its 124th meeting on 26 March
2004 concerning a draft decision relating to Case COMP/M.3255 — Tetra Laval/Sidel

(2005/C 92/07)

(Text with EEA relevance)

1. The Advisory Committee agrees with the Commission that the absence of any mention of the Tetra Fast
technology in Tetra Laval's original notification of 18 May 2001 was incorrect or misleading within the
meaning of Article 14(1)(b) of Council Regulation (EEC) No 4064/89.

2. The Advisory Committee agrees with the Commission that absence of any information on the Tetra
Fast technology in Tetra Laval's Article 11 Reply to questions 4 and 5 of the Request for Information of
13 July 2001 was incorrect within the meaning of Article 14(1)(c) of Council Regulation (EEC) No
4064/89.

3. The Advisory Committee agrees with the Commission's legal assessment of the facts, namely that Tetra
Laval's behaviour in both cases constitutes a very serious infringement that must be considered grossly
negligent.

4. The Advisory Committee agrees with the Commission that a fine should be imposed on Tetra Laval

pursuant to Article 14(1)(b) of Council Regulation (EEC) No 4064/89.

5. The Advisory Committee agrees with the Commission that a fine should be imposed on Tetra Laval

pursuant to Article 14(1)(c) of the Council Regulation (EEC) No 4064/89.

6. The Advisory Committee agrees with the Commission on the amount of the fines.

7. The Advisory Committee agrees on recommending the publication of this Opinion in the Official Journal

of the European Union.

8. The Advisory Committee asks the Commission to take into account all the other points raised during

the discussion.
Case T-82/05: Action brought on 17 February 2005 by the Italian Republic against the Commission of the European Communities
Date: 2005-04-16
Institutions: Court of First Instance
Subjects: European Commission, Italy, Structural Funds, action for annulment (EU), aid system, eligibility criteria, exchange of information, regional aid

16.4.2005

EN

Official Journal of the European Union

C 93/41

The requests to the selection board for amendment, and to
EPSO for reconsideration, were rejected. According to those
two requests, another two questions in Test A (questions 11
and 36) should be disregarded, inasmuch as they were comple-
tely incorrect, illogical and incomprehensible, so that the appli-
cant would become one of the 450 best candidates and be
admitted to the next stage. Both requests were rejected.

In support of his claims, the applicant pleads infringement of
the principle of equal treatment laid down in Article 5(3) of the
Staff Regulations.

The applicant claims that the Court should:

— annul the memorandum of 8 December 2004, D(2004)
12075 concerning: payments by the Commission differing
from the sum requested in respect of Programme P.E.P.
Campania, request for payment number 2004 2245, in so
far as the European Commission – Directorate-General for
Italy,
Regional Policy – intervention in Cyprus, Greece,
Malta, Hungary and the Netherlands, has communicated the
‘as stated in letter No 0037474 of 25
following decision:
November of
sum of
the Economy,
EUR 1 994 835 has not been accepted as valid in relation to
measure 4.2, so far as it relates to advances on schemes of aid
granted after 19 February 2003 or the notice of which was closed
after that date, which have not been used by the final recipient in
order to pay actual expenses’;

the Ministry of

the

Action brought on 17 February 2005 by the Italian
the European
Republic

the Commission of

against

Communities

(Case T-82/05)

(2005/C 93/74)

(Language of the case: Italian)

— annul all connected and contingent acts;

— order the Commission to pay the costs.

Pleas in law and main arguments

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 17 February 2005 by the Italian
Republic, represented by Antonio Cingolo, Avvocato dello
Stato.

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

(1) OJEU C 262 of 23 October 2004, p. 55.
Removal from the register of Case C-165/02
Date: 2005-04-16
Institutions: Court of Justice
Subjects: European Commission, Spain, action for annulment (EU), conservation of resources, fish, fishing regulations

16.4.2005

EN

Official Journal of the European Union

C 93/23

Removal from the register of Case C-165/02 (1)

Removal from the register of Case C-501/03 (1)

(2005/C 93/43)

(Language of the case: Spanish)

(2005/C 93/45)

(Language of the case: Swedish)

By order of 7 December 2004, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-165/02: Kingdom of Spain v
Commission of the European Communities.

By order of 10 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-501/03 Commission of the Euro-
pean Communities v Kingdom of Sweden.

(1) OJ C 144 of 15.06.2002.

(1) OJ C 21 of 24.01.2004.

Removal from the register of Case C-272/02 (1)

(2005/C 93/44)

(Language of the case: English)

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-272/02: Commission of the Euro-
pean Communities v Council of the European Union.

Removal from the register of Case C-100/04 (1)

(2005/C 93/46)

(Language of the case: Italian)

By order of 13 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-100/04 Commission of the Euro-
pean Communities v Republic of Italy.

(1) OJ C 219 of 14.09.2002.

(1) OJ C 94 of 17.04.2004.