do-me/EUR-LEX huggingface dataset:
Case T-120/05: Action brought on 8 March 2005 by Andreas Knaul and Others against the Commission of the European Communities
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, promotion

C 115/36

EN

Official Journal of the European Union

14.5.2005

— allow registration

of

the Community

trade mark

2 778 488

— order the Office for Harmonisation in the Internal Market

to pay the costs.

in Brussels, Reina Cantalejo María Teresa, residing in Brussels
and Tejada Fernández Miguel, residing in Zaventem (Belgium),
represented by S. Rodrigues and A. Jaume,
lawyers, with an
address for service in Luxembourg.

The applicants claim that the Court should:

Pleas in law and main arguments

Community trade mark
concerned:

A three-dimensional mark of a
transparent rectangular container
with rounded angles on the under-
side and sphere like on the upper
side, containing speckled blue gel
and a large white ball, for goods
in class 1 (water softeners etc.) and
3 (laundry preparations etc.) —
application No 2 778 488

the exam-

Refusal of registration

1. annul

the Appointing Authority's decisions rejecting the
applicants' complaints, taken together with the Appointing
Authority's decisions of 1 May 2004 changing the appli-
cants' grades to Grade A*8 or B*8;

2. annul the applicants' pay slips implementing the Appointing
Authority's decision to change the applicants' grades to
Grade A*8 or B*8 from 1 May 2004;

3.

invite the Commission to recognise the applicants as being
eligible for promotion to Grade A*10 and B*10 on their
next promotion;

4. order the Commission to make good the loss suffered by
the applicants as a result of their not having been placed in
Grade A*9 or B*9 from 1 May 2004;

the Board

Dismissal of the appeal

5. order the defendant to pay all the costs.

Decision of
iner:

Decision of
of Appeal:

Pleas in law:

— Misapplication

of

of Regulation

7(1)(b)
No 40/94
— Misapplication

of

7(1)(c)
No 40/94

of Regulation

Article
(EC)

Article
(EC)

Pleas in law and main arguments

The pleas in law and main arguments are those relied upon in
case T-114/05 Joerg Peter Block and Others v Commission.

Action brought on 8 March 2005 by Andreas Knaul and
Others against the Commission of the European Commu-
nities

Action brought on 11 March 2005 by Olivier Chassagne
against the Commission of the European Communities

(Case T-120/05)

(2005/C 115/64)

(Language of the case: French)

(Case T-123/05)

(2005/C 115/65)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 8 March 2005 by Knaul Andreas,
residing in Riga (Latvia), Márquez Camacho Antonio, residing

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 11 March 2005 by Olivier Chas-
sagne, residing in Brussels, represented by Stéphane Rodrigues
and Yola Minatchy,
lawyers, with an address for service in
Luxembourg.
Removal from the Register of Case T-412/03
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: European Parliament, action for annulment (EU), competition (EU), recognition of diplomas

C 115/40

EN

Official Journal of the European Union

14.5.2005

The United Kingdom challenges this refusal and submits that
the Commission's letter of 1 February 2005 is a reviewable act
under Article 230 EC as it is intended to have legal effects since
to
the Commission has adopted a definitive position as
whether the United Kingdom is entitled to make amendments
to the provisional national allocation plan.

The United Kingdom further alleges that
letter of 1 February 2005 is wrong as a matter of law since:

the Commission's

— Articles 9(1), 9(3) and 11(1) of the Directive allow for
amendments to be made to the total quantity of allowances
that a Member State will allocate after the adoption of a
decision by the Commission under Article 9(3) of the Direc-
tive,

— Article 3(3) of the Commission's Decision C(2004)2515/4
final envisages that amendments may be made to deal with
matters other than the incompatibilities identified in the
Decision, and

— the United Kingdom cannot fully comply with its obliga-
tions under Article 11(1) of the Directive until the Commis-
sion has considered the amended national allocation plan in
accordance with Article 9(3) of the Directive.

(1) OJ L 275 of 25 October 2003, p. 32.

Removal from the Register of Case T-289/99 (1)

(2005/C 115/70)

(Language of the case: Dutch)

By order of 28 January 2005, the President of the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-289/99, V.O.F. Heiliger, supported by
the Kingdom of the Netherlands v Commission of the European
Communities.

Removal from the Register of Case T-122/03 (1)

(2005/C 115/71)

(Language of the case: German)

the Court of First

By order of 9 February 2005, the President of the Second
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-122/03, AGA AB v Commission of
the European
Communities.

Instance of

(1) OJ C 171 of 19.7.2003.

Removal from the Register of Case T-197/03 (1)

(2005/C 115/72)

(Language of the case: Italian)

the Third
By order of 19 January 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-197/03, Proras Srl Engineering and Contracting v
Commission of the European Communities.

the President of
Instance of

(1) OJ C 184 of 2.8.2003.

Removal from the Register of Case T-412/03 (1)

(2005/C 115/73)

(Language of the case: German)

the Fifth
By order of 25 February 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-412/03, Angelo Wille v European Parliament.

the President of
Instance of

(1) OJ C 63 of 4.3.2000.

(1) OJ C 94 of 17.4.2004.
Prior notification of a concentration (Case COMP/M.3818 — Gilde/DSM Bakery Ingredients) — Candidate case for simplified procedureText with EEA relevance#Text with EEA relevance
Date: 2005-05-14
Institutions: European Commission
Subjects: economic concentration, food industry, investment company, merger control

C 114/4

EN

Official Journal of the European Union

14.5.2005

Prior notification of a concentration

(Case COMP/M.3818 — Gilde/DSM Bakery Ingredients)

Candidate case for simplified procedure

(2005/C 114/04)

(Text with EEA relevance)

1.
On 4 May 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 Gilde Buy-Out Fund II
(‘Gilde Buy-Out’, the Netherlands), belonging to the Rabobank Group (‘Rabobank Group’, the Netherlands)
acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of DSM
Bakery Ingredients (‘DSM Bakery Ingredients’, the Netherlands), currently controlled by Royal DSM NV
(‘DSM’, the Netherlands) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Gilde Buy-Out: investment funds;

— for the Rabobank Group: banking, financial services, leasing, real estate, insurance and asset manage-

ment/investment activities;

— for DSM Bakery Ingredients: production and sales of fresh yeast, dry yeast and related bread ingredients

for artisan, industrial and home bakers.

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.3818 — Gilde/DSM Bakery Ingredients, 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.
(2) OJ C 56, 5.3.2005, p. 32.
Removal from the Register of Case T-159/04
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, promotion, staff assessment

14.5.2005

EN

Official Journal of the European Union

C 115/41

Removal from the Register of Case T-151/04 (1)

Removal from the Register of Case T-372/04 (1)

(2005/C 115/74)

(Language of the case: French)

the Fifth
By order of 14 February 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-151/04, Bernard Nonat v Commission of the European
Communities.

the President of
Instance of

(2005/C 115/76)

(Language of the case: French)

the Third
By order of 31 January 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-372/04, Coopérative d'exportation du Livre Français
(C.E.L.F:) v Commission of the European Communities.

the President of
Instance of

(1) OJ C 168 of 26.6.2004.

(1) OJ C 300 of 4.12.2004.

Removal from the Register of Case T-159/04 (1)

(2005/C 115/75)

(Language of the case: Italian)

the Third
By order of 19 January 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-159/04, Davide Rovetta v Commission of the European
Communities.

the President of
Instance of

(1) OJ C 179 of 10.7.2004.

Removal from the Register of Case T-391/04 (1)

(2005/C 115/77)

(Language of the case: French)

the Fifth
By order of 14 February 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-391/04, Bernard Nonat v Commission of the European
Communities.

the President of
Instance of

(1) OJ C 314 of 18.12.2004.
Prior notification of a concentration (Case COMP/M.3779 — Pernod Ricard/Allied Domecq)Text with EEA relevance#Text with EEA relevance
Date: 2005-05-14
Institutions: European Commission
Subjects: beverage industry, economic concentration, merger control

14.5.2005

EN

Official Journal of the European Union

C 114/5

Prior notification of a concentration

(Case COMP/M.3779 — Pernod Ricard/Allied Domecq)

(2005/C 114/05)

(Text with EEA relevance)

1.
On 2 May 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 Pernod Ricard S.A.
(‘Pernod Ricard’, France) acquires within the meaning of Article 3(1)(b) of the Council Regulation control
of certain brands and other assets of the undertaking Allied Domecq plc (‘Allied Domecq’, United
Kingdom) by way of public bid announced on 21 April 2005.

2.

The business activities of the undertakings concerned are:

— for undertaking Pernod Ricard: production and distribution of wines and spirits,

— for undertaking Allied Domecq: production and distribution of wines and spirits, operation of quick

service restaurants.

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.3779 — Pernod Ricard/Allied Domecq, 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.
Prior notification of a concentration (Case COMP/M.3808 — Mittal/Huta Stali Czestochowa) — Candidate case for simplified procedureText with EEA relevance#Text with EEA relevance
Date: 2005-05-14
Institutions: European Commission
Subjects: economic concentration, iron and steel industry, merger control, mining operation

14.5.2005

EN

Official Journal of the European Union

C 114/3

Prior notification of a concentration

(Case COMP/M.3808 — Mittal/Huta Stali Czestochowa)

Candidate case for simplified procedure

(2005/C 114/03)

(Text with EEA relevance)

1.
On 2 May 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 Mittal Steel Company N.V.
(‘Mittal Steel’, Dutch Antilles) acquires within the meaning of Article 3(1)(b) of the Council Regulation
control of the whole of the undertaking Huta Stali Czestochowa Sp. z.o.o. and subsidiaries of Huta Czesto-
chowa S.A. which are collectively referred as ‘Czestochowa Group’ (Poland), by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for undertaking Mittal Steel: worldwide company active in the manufacture and sale of semi-finished

and finished steel, production and sale of iron ore and coke and wire processing;

— for undertaking Czestochowa Group: operator of steel mills in Poland, mainly active in the manufacture

and sale of quarto plate.

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.3808 — Mittal/Huta Stali Czestochowa, 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.
(2) OJ C 56, 5.3.2005, p. 32.
Removal from the Register of Case T-122/03
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: European Commission, European Medicines Agency, action for annulment (EU), market approval, pharmaceutical product

C 115/40

EN

Official Journal of the European Union

14.5.2005

The United Kingdom challenges this refusal and submits that
the Commission's letter of 1 February 2005 is a reviewable act
under Article 230 EC as it is intended to have legal effects since
to
the Commission has adopted a definitive position as
whether the United Kingdom is entitled to make amendments
to the provisional national allocation plan.

The United Kingdom further alleges that
letter of 1 February 2005 is wrong as a matter of law since:

the Commission's

— Articles 9(1), 9(3) and 11(1) of the Directive allow for
amendments to be made to the total quantity of allowances
that a Member State will allocate after the adoption of a
decision by the Commission under Article 9(3) of the Direc-
tive,

— Article 3(3) of the Commission's Decision C(2004)2515/4
final envisages that amendments may be made to deal with
matters other than the incompatibilities identified in the
Decision, and

— the United Kingdom cannot fully comply with its obliga-
tions under Article 11(1) of the Directive until the Commis-
sion has considered the amended national allocation plan in
accordance with Article 9(3) of the Directive.

(1) OJ L 275 of 25 October 2003, p. 32.

Removal from the Register of Case T-289/99 (1)

(2005/C 115/70)

(Language of the case: Dutch)

By order of 28 January 2005, the President of the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-289/99, V.O.F. Heiliger, supported by
the Kingdom of the Netherlands v Commission of the European
Communities.

Removal from the Register of Case T-122/03 (1)

(2005/C 115/71)

(Language of the case: German)

the Court of First

By order of 9 February 2005, the President of the Second
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-122/03, AGA AB v Commission of
the European
Communities.

Instance of

(1) OJ C 171 of 19.7.2003.

Removal from the Register of Case T-197/03 (1)

(2005/C 115/72)

(Language of the case: Italian)

the Third
By order of 19 January 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-197/03, Proras Srl Engineering and Contracting v
Commission of the European Communities.

the President of
Instance of

(1) OJ C 184 of 2.8.2003.

Removal from the Register of Case T-412/03 (1)

(2005/C 115/73)

(Language of the case: German)

the Fifth
By order of 25 February 2005,
Chamber of
the European
the Court of First
Communities has ordered the removal from the Register of
Case T-412/03, Angelo Wille v European Parliament.

the President of
Instance of

(1) OJ C 63 of 4.3.2000.

(1) OJ C 94 of 17.4.2004.
Prior notification of a concentration (Case COMP/M.3806 — Telefonica/Cesky Telecom)Text with EEA relevance#Text with EEA relevance
Date: 2005-05-14
Institutions: European Commission
Subjects: economic concentration, merger control, telecommunications industry

C 114/2

EN

Official Journal of the European Union

14.5.2005

Prior notification of a concentration

(Case COMP/M.3806 — Telefonica/Cesky Telecom)

(2005/C 114/02)

(Text with EEA relevance)

1.
On 2 May 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 Spanish undertaking Telefónica S.A.
acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the Czech
undertaking Cesky Telecom a.s. by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for undertaking Telefónica S.A.: global operator in the Telecommunications sector,

— for undertaking Cesky Telecom a.s: Telecommunications services in the Czech Republic.

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.3806 — Telefonica/Cesky Telecom, 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: 2005-05-14
Institutions: European Commission
Subjects: euro, exchange rate

14.5.2005

EN

Official Journal of the European Union

C 114/1

I

(Information)

COMMISSION

Euro exchange rates (1)

13 May 2005

(2005/C 114/01)

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

1,2635

135,20

7,4427

0,68015

9,2067

1,5449

84,25

8,0960

1,9559

0,5775

30,000

15,6466

250,56

3,4528

0,6961

0,4293

4,1656

36 168

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

239,50

38,888

1,7298

1,6581

1,5840

9,8538

1,7712

2,0939

KRW South Korean won

1 265,52

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

8,0115

10,4574

7,3090

Indonesian rupiah

11 971,66

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,801

68,513

35,2900

49,948

(1) Source:

reference exchange rate published by the ECB.
Judgment of the Court of First Instance of 9 March 2005 in Case T-254/02, L v Commission of the European Communities (Officials — Duty to provide assistance — Article 24 of the Staff Regulations — Scope — Harassment — Claim for compensation — Occupational illness)
Date: 2005-05-14
Institutions: Court of First Instance
Subjects: European Commission, European official, access to information, action by staff, legal aid, occupational disease

14.5.2005

EN

Official Journal of the European Union

C 115/19

COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 9 March 2005

of 8 March 2005

in Case T-254/02, L v Commission of

the European

Communities (1)

in Case T-275/02 D v European Investment Bank (EIB) (1)

(Officials — Duty to provide assistance — Article 24 of the
Staff Regulations — Scope — Harassment — Claim for
compensation — Occupational illness)

(Agents of the EIB — Action for annulment — Admissibility
— Extension of the probationary period — Termination of
contract — Conditions — Action for compensation)

(2005/C 115/35)

(Language of the case: French)

(2005/C 115/36)

(Language of the case: French)

In Case T-254/02, L, an official of the Commission of the Euro-
pean Communities, residing in London (United Kingdom),
represented by J. Van Rossum, and then by S. Rodrigues and P.
Legros,
lawyers, with an address for service in Luxembourg,
against Commission of the European Communities (Agent: J.
Currall, assisted by D. Waelbroeck, lawyer, with an address for
service in Luxembourg) — APPLICATION for the annulment of
the Commission decisions rejecting a request for assistance,
access to documents and compensation, and refusing to recog-
nise an occupational illness, and, also, a claim for damages, the
Court of First
Instance (Fourth Chamber), composed of H.
Legal, President, V. Tiili and M. Vilaras, Judges; for the Regis-
trar: M. I. Natsinas, administrator, has given a judgment on 9
March 2005 in which it:

In Case T-275/02: D, a former agent of the European Invest-
ment Bank, residing in Luxembourg (Luxembourg), represented
by J. Choucroun, lawyer, with an address for service in Luxem-
bourg, against European Investment Bank (EIB)
J.-P.
Minnaert, assisted by P. Mousel,
lawyer, with an address for
service in Luxembourg) — application for annulment of the
decisions of the EIB extending the applicant's probationary
period and terminating his contract, and application for
compensation in respect of
the material and non-material
damage allegedly suffered — the Court of First Instance (Fifth
Chamber), composed of M. Vilaras, President, F. Dehousse and
D. Šváby, Judges; C. Kristensen, Administrator, for the Regis-
trar, has given a judgment on 8 March 2005, in which it:

(Agent:

1. Dismisses the action;

1. Dismisses the application;

2. Declares that it is unnecessary to rule on the request for confidenti-

ality of the European Investment Bank;

2. Orders the parties to bear their own costs.

3. Orders the parties to bear their own costs.

(1) OJ C 261 of 26.10.2002.

(1) OJ C 261 of 26.10.2002.