do-me/EUR-LEX huggingface dataset:
Removal from the register of Case C-58/03
Date: 2005-04-30
Institutions: Court of Justice
Subjects: Bulgaria, Netherlands, foreign national, interpretation of the law, residence permit, self-employed person

30.4.2005

EN

Official Journal of the European Union

C 106/21

— in the alternative, declare that, by failing to inform the
Commission immediately of any such provisions, the Portu-
guese Republic has failed to fulfil
its obligations under
Article 24(1) of Directive 2000/60/EC;

— order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period for transposing Directive 2000/60/EC into national
law expired on 22 December 2003.

(1) OJ L 327 of 22.12.2000, p. 1.

Removal from the register of Case C-38/04 (1)

(2005/C 106/41)

(Language of the case: Dutch)

By order of 4 February 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-38/04: Commission of the Euro-
pean Communities v Kingdom of the Netherlands.

(1) OJ C 71 of 20.03.2004.

Removal from the register of Case C-58/03 (1)

(2005/C 106/42)

(Language of the case: Dutch)

By order of 24 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-58/03 (Reference for a preliminary
ruling from the Raad van State): Y.G. Encheva v Staatssecretaris
van Justitie.

ruling from the Tribunale di Civitavecchia (Italy)): Ligabue Gate
Gourmet Roma SpA, in liquidation v LSG Sky Chefs SpA. and
European Avia Service SpA v Abela Italia SpA.

(1) OJ C 94 of 17.04.2004.

Removal from the register of Case C-83/04 (1)

(2005/C 106/44)

(Language of the case: Portuguese)

By order of 4 February 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-83/04: Commission of the Euro-
pean Communities v Portuguese Republic.

(1) OJ C 85 of 03.04.2004.

Removal from the register of Case C-246/03 (1)

(2005/C 106/45)

(Language of the case: Greek)

By order of 19 November 2004, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-246/03: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ C 184 of 02.08.2003.

(1) OJ C 83 of 05.04.2003.

Removal from the register of Case C-247/03 (1)

Removal from the register of Case C-69/04 (1)

(2005/C 106/43)

(Language of the case: Italian)

By order of 4 February 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-69/04 (Reference for a preliminary

(2005/C 106/46)

(Language of the case: Greek)

By order of 19 November 2004, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-247/03: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ C 184 of 02.08.2003.
Removal from the register of Case C-548/03
Date: 2005-04-30
Institutions: Court of Justice
Subjects: Council of the European Union, European Parliament, European tax cooperation, action for annulment (EU), direct tax, exchange of information, indirect tax

C 106/22

EN

Official Journal of the European Union

30.4.2005

Removal from the register of Case C-314/04 (1)

Removal from the register of Case C-476/03 (1)

(2005/C 106/47)

(Language of the case: Spanish)

(2005/C 106/49)

(Language of the case: German)

By order of 20 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-476/03: Commission of the Euro-
pean Communities v Republic of Austria.

By order of 28 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-314/04 (Reference for a preliminary
ruling from the Tribunal Superior de Justicia de la Comunidad
Valenciana (Spain)): Ricardo Manuel Torres Aucejo v Fondo de
Garantía Salarial.

(1) OJ C 21 of 24.01.2004.

(1) OJ C 228 of 11.09.2004.

Removal from the register of Case C-548/03 (1)

(2005/C 106/50)

(Language of the case: French)

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 Case C-548/03: European Parliament v
the European Union supported by the United
Council of
Kingdom of Great Britain and Northern Ireland and Ireland.

Removal from the register of Case C-401/04 (1)

(1) OJ C 47 of 21.02.2004.

(2005/C 106/48)

(Language of the case: Swedish)

By order of 28 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-401/04: Commission of the Euro-
pean Communities v Kingdom of Sweden.

(1) OJ C 273 of 06.11.2004.

Removal from the register of Case C-549/03 (1)

(2005/C 106/51)

(Language of the case: French)

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 Case C-549/03: European Parliament v
Council of
the European Union supported by the United
Kingdom of Great Britain and Northern Ireland and Ireland.

(1) OJ C 47 of 21.02.2004.
Final report of the hearing officer in case COMP/E2 C.37.857 — organic peroxides (drawn up in accordance with 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: 2005-04-30
Institutions: European Commission
Subjects: administrative procedure, audit, chemical industry, competition law, control of restrictive practices, report

C 105/2

EN

Official Journal of the European Union

30.4.2005

Final report of the hearing officer in case COMP/E2 C.37.857 — organic peroxides

(drawn up in accordance with 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 105/02)

(Text with EEA relevance)

The draft decision gives rise to the following observations on the right to be heard.

— The Commission began proceedings in April 2000 when AKZO, a Dutch company, provided informa-
tion about the existence of a cartel. A statement of objections was adopted on 27 March 2003 in
respect of the following parties: Akzo Nobel Chemicals International BV, Akzo Nobel Polymer Chemi-
cals BV, Akzo Nobel NV, Atofina SA, Degussa UK Holdings, Peroxid Chemie GmbH & Co.KG, Pergan
GmbH, Peroxidos Organicos SA, FMC Foret SA, AC Treuhand AG, the trustee administering the cartel.

— The time allowed to answer the statement of objections was extended by over two weeks at the request
of the parties. The final date was 17 June 2003. An oral hearing was held on 26 June 2003, at which:

1. Peroxid Chemie dropped a purely formal argument it had against the statement of objections.

2. New documents were provided by Atochem. I agreed to their inclusion in the file and I gave the
other parties two weeks in which to send their comments to the Commission. The content
confirmed the Commission's position concerning the duration of the infringement.

— In the light of the explanations supplied in the written reply to the statement of objections and at the
hearing, the Commission has not continued the proceedings in respect of the infringement referred to
in the statement of objections against Pergan GmbH, because it is out of time, and against FMC Foret
SA, because no evidence has been found of its responsibility for the conduct of Perorsa, a company
with which it has links.

— The draft decision submitted to the Commission contains no additional objections and relates only to

objections about which the parties have had the opportunity to state their views.

In the light of the above, I believe that the right of the parties to be heard has been fully respected in this
case.

Brussels, 2 December 2003.

Serge DURANDE
Commission Regulation (EC) No 689/2005 of 29 April 2005 fixing the production refund on white sugar used in the chemical industry for the period from 1 to 31 May 2005
Date: 2005-04-30
Institutions: European Commission
Subjects: chemical industry, production refund, white sugar

30.4.2005

EN

Official Journal of the European Union

L 110/33

COMMISSION REGULATION (EC) No 689/2005

of 29 April 2005

fixing the production refund on white sugar used in the chemical industry for the period from 1 to
31 May 2005

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 1260/2001 of
19 June 2001 on the common organisation of the markets in
the sugar sector (1), and in particular the fifth indent of Article
7(5) thereof,

Whereas:

(1)

of

Regulation

to Article

(EC)
7(3)
Pursuant
No 1260/2001, production refunds may be granted on
the products listed in Article 1(1)(a) and (f) of that Regu-
lation, on syrups listed in Article 1(1)(d) thereof and on
by CN code
chemically
1702 50 00 as an intermediate product, that are in one
of the situations referred to in Article 23(2) of the Treaty
and are used in the manufacture of certain products of
the chemical industry.

fructose

covered

pure

regards
Council Regulation (EC) No 1260/2001 as
granting
the production refund on certain sugar
products used in the chemical industry (2) provides that
these refunds shall be determined according to the refund
fixed for white sugar.

(3)

(4)

Article 9 of Regulation (EC) No 1265/2001 provides that
the production refund on white sugar is to be fixed at
monthly intervals commencing on the first day of each
month.

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

The production refund on white sugar referred to in Article 4
of Regulation (EC) No 1265/2001 shall be
to
31,805 EUR/100 kg net for the period from 1 to 31 May 2005.

equal

Article 2

(2)

Commission Regulation (EC) No 1265/2001 of 27 June
2001 laying down detailed rules for the application of

This Regulation shall enter into force on 1 May 2005.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 April 2005.

For the Commission

Mariann FISCHER BOEL
Member of the Commission

(1) OJ L 178, 30.6.2001, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 39/2004 (OJ L 6, 10.1.2004,
p. 16).

(2) OJ L 178, 30.6.2001, p. 63.
Amendment of public service obligations in respect of certain scheduled air services within the Autonomous Region of the AzoresText with EEA relevance
Date: 2005-04-30
Institutions: European Commission
Subjects: Azores, air transport, carriage of passengers, services of general interest, transportation tariff

30.4.2005

EN

Official Journal of the European Union

C 105/27

Amendment of public service obligations in respect of certain scheduled air services within the
Autonomous Region of the Azores

(2005/C 105/08)

(Text with EEA relevance)

In accordance with Commission notice 2002/C 115/02 of 16 May 2002, the Government of the Autono-
mous Region of the Azores has updated the fares for scheduled air services within the Autonomous
Region of the Azores on which public service obligations have been imposed, amending annexes A and B
of the notice, as shown in the tables below.

ANNEX A

Standard Economy Fare (RT) (in euro) in 2005

CVU

FLW

GRW

HOR

CVU

FLW

GRW

HOR

PDL

PIX

SJZ

SMA

TER

54

178

168

188

178

178

188

178

54

178

168

188

178

178

188

178

178

178

104

168

104

104

178

104

168

168

104

168

104

104

178

154

PDL

188

188

168

168

168

168

104

154

PIX

178

178

104

104

168

104

178

154

SJZ

178

178

104

104

168

104

178

104

SMA

188

188

178

178

104

178

178

168

TER

178

178

104

154

154

154

104

168

CVU: Corvo; FLW: Flores; GRW: Graciosa; HOR: Horta; PDL: Ponta Delgada; PIX: Pico; SJZ: São Jorge; SMA: Santa Maria; TER: Terceira

ANNEX B

Fare for Residents (RT) (in euro) in 2005

CVU

FLW

GRW

HOR

CVU

FLW

GRW

HOR

PDL

PIX

SJZ

SMA

TER

42

154

132

158

154

154

158

140

42

154

132

158

154

154

158

140

154

154

88

140

88

88

154

88

132

132

88

140

88

88

154

132

PDL

158

158

140

140

140

140

88

132

PIX

154

154

88

88

140

88

154

132

SJZ

154

154

88

88

140

88

154

88

SMA

158

158

154

154

88

154

154

140

TER

140

140

88

132

132

132

88

140

CVU: Corvo; FLW: Flores; GRW: Graciosa; HOR: Horta; PDL: Ponta Delgada; PIX: Pico; SJZ: São Jorge; SMA: Santa Maria; TER: Terceira
Removal from the register of Case C-401/04
Date: 2005-04-30
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, rail transport, trans-European network

C 106/22

EN

Official Journal of the European Union

30.4.2005

Removal from the register of Case C-314/04 (1)

Removal from the register of Case C-476/03 (1)

(2005/C 106/47)

(Language of the case: Spanish)

(2005/C 106/49)

(Language of the case: German)

By order of 20 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-476/03: Commission of the Euro-
pean Communities v Republic of Austria.

By order of 28 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-314/04 (Reference for a preliminary
ruling from the Tribunal Superior de Justicia de la Comunidad
Valenciana (Spain)): Ricardo Manuel Torres Aucejo v Fondo de
Garantía Salarial.

(1) OJ C 21 of 24.01.2004.

(1) OJ C 228 of 11.09.2004.

Removal from the register of Case C-548/03 (1)

(2005/C 106/50)

(Language of the case: French)

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 Case C-548/03: European Parliament v
the European Union supported by the United
Council of
Kingdom of Great Britain and Northern Ireland and Ireland.

Removal from the register of Case C-401/04 (1)

(1) OJ C 47 of 21.02.2004.

(2005/C 106/48)

(Language of the case: Swedish)

By order of 28 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-401/04: Commission of the Euro-
pean Communities v Kingdom of Sweden.

(1) OJ C 273 of 06.11.2004.

Removal from the register of Case C-549/03 (1)

(2005/C 106/51)

(Language of the case: French)

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 Case C-549/03: European Parliament v
Council of
the European Union supported by the United
Kingdom of Great Britain and Northern Ireland and Ireland.

(1) OJ C 47 of 21.02.2004.
Euro exchange rates
Date: 2005-04-30
Institutions: European Commission
Subjects: euro, exchange rate

30.4.2005

EN

Official Journal of the European Union

C 105/1

I

(Information)

COMMISSION

Euro exchange rates (1)

29 April 2005

(2005/C 105/01)

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

1,2957

136,24

7,4460

0,67750

9,1805

1,5374

81,67

8,1430

1,9559

0,5818

30,499

15,6466

252,51

3,4528

0,6961

0,4293

4,2715

36 180

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

239,58

39,435

1,8031

1,6565

1,6191

10,1017

1,7669

2,1191

KRW South Korean won

1 291,94

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

7,9067

10,7239

7,3620

Indonesian rupiah

12 386,89

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,9236

70,130

35,9890

51,110

(1) Source:

reference exchange rate published by the ECB.
Removal from the register of Case C-476/03
Date: 2005-04-30
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, rail transport, transport policy

C 106/22

EN

Official Journal of the European Union

30.4.2005

Removal from the register of Case C-314/04 (1)

Removal from the register of Case C-476/03 (1)

(2005/C 106/47)

(Language of the case: Spanish)

(2005/C 106/49)

(Language of the case: German)

By order of 20 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-476/03: Commission of the Euro-
pean Communities v Republic of Austria.

By order of 28 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-314/04 (Reference for a preliminary
ruling from the Tribunal Superior de Justicia de la Comunidad
Valenciana (Spain)): Ricardo Manuel Torres Aucejo v Fondo de
Garantía Salarial.

(1) OJ C 21 of 24.01.2004.

(1) OJ C 228 of 11.09.2004.

Removal from the register of Case C-548/03 (1)

(2005/C 106/50)

(Language of the case: French)

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 Case C-548/03: European Parliament v
the European Union supported by the United
Council of
Kingdom of Great Britain and Northern Ireland and Ireland.

Removal from the register of Case C-401/04 (1)

(1) OJ C 47 of 21.02.2004.

(2005/C 106/48)

(Language of the case: Swedish)

By order of 28 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-401/04: Commission of the Euro-
pean Communities v Kingdom of Sweden.

(1) OJ C 273 of 06.11.2004.

Removal from the register of Case C-549/03 (1)

(2005/C 106/51)

(Language of the case: French)

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 Case C-549/03: European Parliament v
Council of
the European Union supported by the United
Kingdom of Great Britain and Northern Ireland and Ireland.

(1) OJ C 47 of 21.02.2004.
Removal from the register of Case C-83/04
Date: 2005-04-30
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, copyright, disclosure of information, information society

30.4.2005

EN

Official Journal of the European Union

C 106/21

— in the alternative, declare that, by failing to inform the
Commission immediately of any such provisions, the Portu-
guese Republic has failed to fulfil
its obligations under
Article 24(1) of Directive 2000/60/EC;

— order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period for transposing Directive 2000/60/EC into national
law expired on 22 December 2003.

(1) OJ L 327 of 22.12.2000, p. 1.

Removal from the register of Case C-38/04 (1)

(2005/C 106/41)

(Language of the case: Dutch)

By order of 4 February 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-38/04: Commission of the Euro-
pean Communities v Kingdom of the Netherlands.

(1) OJ C 71 of 20.03.2004.

Removal from the register of Case C-58/03 (1)

(2005/C 106/42)

(Language of the case: Dutch)

By order of 24 January 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-58/03 (Reference for a preliminary
ruling from the Raad van State): Y.G. Encheva v Staatssecretaris
van Justitie.

ruling from the Tribunale di Civitavecchia (Italy)): Ligabue Gate
Gourmet Roma SpA, in liquidation v LSG Sky Chefs SpA. and
European Avia Service SpA v Abela Italia SpA.

(1) OJ C 94 of 17.04.2004.

Removal from the register of Case C-83/04 (1)

(2005/C 106/44)

(Language of the case: Portuguese)

By order of 4 February 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-83/04: Commission of the Euro-
pean Communities v Portuguese Republic.

(1) OJ C 85 of 03.04.2004.

Removal from the register of Case C-246/03 (1)

(2005/C 106/45)

(Language of the case: Greek)

By order of 19 November 2004, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-246/03: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ C 184 of 02.08.2003.

(1) OJ C 83 of 05.04.2003.

Removal from the register of Case C-247/03 (1)

Removal from the register of Case C-69/04 (1)

(2005/C 106/43)

(Language of the case: Italian)

By order of 4 February 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-69/04 (Reference for a preliminary

(2005/C 106/46)

(Language of the case: Greek)

By order of 19 November 2004, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-247/03: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ C 184 of 02.08.2003.