do-me/EUR-LEX huggingface dataset:
Euro exchange rates
Date: 2005-07-09
Institutions: European Commission
Subjects: euro, exchange rate

9.7.2005

EN

Official Journal of the European Union

C 170/1

I

(Information)

COMMISSION

Euro exchange rates (1)

8 July 2005

(2005/C 170/01)

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

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

RON

Romanian leu

1,1904

133,84

7,4546

0,68630

9,4296

1,5530

78,51

7,8755

1,9558

0,5736

30,248

15,6466

247,82

3,4528

0,6959

0,4293

4,0726

3,5828

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

239,48

38,941

1,6050

1,6089

1,4607

9,2551

1,7725

2,0289

KRW South Korean won

1 255,75

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

8,2439

9,8523

7,3170

Indonesian rupiah

11 669,49

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,524

66,752

34,3150

50,161

(1) Source:

reference exchange rate published by the ECB.
Case T-160/05: Action brought on 14 April 2005 by Dag Johansson and Others against Commission of the European Communities
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, administrative reform, competition (EU), equal treatment, personnel administration, recruitment, regulations for civil servants

9.7.2005

EN

Official Journal of the European Union

C 171/27

Pleas in law:

— The

contested

decision
infringes Article 7(1)(a) of
Council Regulation (EC) No 40/
94 of 20 December 1993 on
the Community trade mark,
since the registered trade mark
lacks the properties required of
a Community trade mark;
contested

decision
infringes Article 7(1)(b) of
Regulation (EC) No 40/94,
since the registered trade mark
is devoid of any distinctive
character;

— The

— The

contested

decision
infringes Article 7(1)(c) of
Council Regulation (EC) No
40/94,
registered
trade mark needs to be kept
free for trade and its registra-
tion constitutes an impermis-
sible monopolisation.

since

the

Action brought on 14 April 2005 by Dag Johansson and
Others against Commission of the European Communities

(Case T-160/05)

(2005/C 171/44)

(Language of the case: French)

An action against against the Commission of the European
Communities was brought before the Court of First Instance of
the European Communities on 14 April 2005 by Dag
Johansson, residing in Brussels, and three other officials, repre-
sented by Sébastien Orlandi, Xavier Martin, Albert Coolen,
Jean-Noël Louis and Etienne Marchal, lawyers, with an address
for service in Luxembourg.

The applicant claims that the Court should:

— annul the decisions to appoint the applicants as officials of
the European Communities in that they fix their grade on

recruitment pursuant to Article 12 of Annex XIII to the
Staff Regulations;

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments put forward are the same
as those in Case T-130/05 and similar to those in Case T-58/
05.

Action brought on 18 April 2005 by Dirk Grijseels and
Ana Lopez García against the European Economic and
Social Committee

(Case T-162/05)

(2005/C 171/45)

(Language of the case: French)

the

against

Economic

Anaction
Social
European
Committee was brought before the Court of First Instance of
the European Communities on 14 April 2005 by Dirk Grijseels,
residing in Ternat (Belgium), and Ana Lopez García, residing in
Brussels,
represented by Sébastien Orlandi, Xavier Martin,
Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers,
with an address for service in Luxembourg.

and

The applicant claims that the Court should:

— annul the decisions to appoint the applicants as officials of
the European Communities in that they fix their grade on
recruitment pursuant to Article 12 of Annex XIII to the
Staff Regulations;

— order the European Economic and Social Committee to pay

the costs.

Pleas in law and main arguments

The pleas in law and main arguments put forward are the same
as those in Cases T-130/05 and T-160/05 and similar to those
in Case T-58/05.
Case T-162/05: Action brought on 18 April 2005 by Dirk Grijseels and Ana Lopez García against the European Economic and Social Committee
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: European Economic and Social Committee, European official, action by staff, administrative reform, competition (EU), equal treatment, personnel administration, recruitment, regulations for civil servants

9.7.2005

EN

Official Journal of the European Union

C 171/27

Pleas in law:

— The

contested

decision
infringes Article 7(1)(a) of
Council Regulation (EC) No 40/
94 of 20 December 1993 on
the Community trade mark,
since the registered trade mark
lacks the properties required of
a Community trade mark;
contested

decision
infringes Article 7(1)(b) of
Regulation (EC) No 40/94,
since the registered trade mark
is devoid of any distinctive
character;

— The

— The

contested

decision
infringes Article 7(1)(c) of
Council Regulation (EC) No
40/94,
registered
trade mark needs to be kept
free for trade and its registra-
tion constitutes an impermis-
sible monopolisation.

since

the

Action brought on 14 April 2005 by Dag Johansson and
Others against Commission of the European Communities

(Case T-160/05)

(2005/C 171/44)

(Language of the case: French)

An action against against the Commission of the European
Communities was brought before the Court of First Instance of
the European Communities on 14 April 2005 by Dag
Johansson, residing in Brussels, and three other officials, repre-
sented by Sébastien Orlandi, Xavier Martin, Albert Coolen,
Jean-Noël Louis and Etienne Marchal, lawyers, with an address
for service in Luxembourg.

The applicant claims that the Court should:

— annul the decisions to appoint the applicants as officials of
the European Communities in that they fix their grade on

recruitment pursuant to Article 12 of Annex XIII to the
Staff Regulations;

— order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments put forward are the same
as those in Case T-130/05 and similar to those in Case T-58/
05.

Action brought on 18 April 2005 by Dirk Grijseels and
Ana Lopez García against the European Economic and
Social Committee

(Case T-162/05)

(2005/C 171/45)

(Language of the case: French)

the

against

Economic

Anaction
Social
European
Committee was brought before the Court of First Instance of
the European Communities on 14 April 2005 by Dirk Grijseels,
residing in Ternat (Belgium), and Ana Lopez García, residing in
Brussels,
represented by Sébastien Orlandi, Xavier Martin,
Albert Coolen, Jean-Noël Louis and Etienne Marchal, lawyers,
with an address for service in Luxembourg.

and

The applicant claims that the Court should:

— annul the decisions to appoint the applicants as officials of
the European Communities in that they fix their grade on
recruitment pursuant to Article 12 of Annex XIII to the
Staff Regulations;

— order the European Economic and Social Committee to pay

the costs.

Pleas in law and main arguments

The pleas in law and main arguments put forward are the same
as those in Cases T-130/05 and T-160/05 and similar to those
in Case T-58/05.
Prior notification of a concentration (Case COMP/M.3693 — TPV/Philips (Monitors)) Text with EEA relevance
Date: 2005-07-09
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, screen, television

9.7.2005

EN

Official Journal of the European Union

C 170/15

Prior notification of a concentration

(Case COMP/M.3693 — TPV/Philips (Monitors))

(2005/C 170/07)

(Text with EEA relevance)

1.
On 4 July 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 TPV Technology Limited
(‘TPV’, Hong Kong (PRC)) acquires within the meaning of Article 3(1)(b) of the Council Regulation control
of the whole of the undertaking Philips Monitors Hong Kong Holding Limited Ltd (‘Philips Monitors’, Hong
Kong (PRC)) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for undertaking TPV: Monitor display technologies, design and manufacture of monitors;

— for undertaking Philips Monitors: Design and manufacture of monitors, flat screen televisions.

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.3693 — TPV/Philips (Monitors), 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.
Removal from the Register of Case T-244/04
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: Europol, action for annulment (EU), job application

9.7.2005

EN

Official Journal of the European Union

C 171/35

— Order the Office to pay TeleTech's US's costs relating to its
proceedings both in the Court of First Instance and before
the Board of Appeal.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

TELETECH INTERNATIONAL S.A.

Removal from the Register of Case T-398/02 (1)

(2005/C 171/57)

(Language of the case: Italian)

By order of 2 May 2005, the President of the Fourth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-398/02, Linea
the European
GIG S.r.l.
Communities.

in liquidation v Commission of

Community trade mark
concerned:

Word mark TELETECH INTERNA-
TIONAL for services in classes 35,
38 and 42

(1) OJ C 44 of 22.2.2003.

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Trade mark or
cited in opposition:

sign

The applicant

National mark ‘TELETECH’ and
Community trade mark ‘TELE-
TECH GLOBAL VENTURES’

Removal from the Register of Case T-441/03 (1)

(2005/C 171/58)

(Language of the case: Dutch)

Decision of the Opposi-
tion Division:

Registration refused

Decision of
of Appeal:

Pleas in law:

the Board

Declares the appeal inadmissible

was

the
The applicant contends that
Court of First Instance's judgment
of 16 September 2004 in case T-
342/02,
Metro-Goldwyn-Mayer
Lion / OHMI declaring an appeal
in similar circumstances
brought
wrongly
inadmissible,
decided;
it
submits that this judgment could
be distinguished; finally, it submits
that its position in the USA has
been seriously prejudiced by the
decision of the Opposition Divi-
sion and that, therefore, its appeal
against the latter's decision should
have been declared admissible.

alternative,

in the

the Court of First

the Fourth
By order of 28 April 2005,
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-441/03, N.V. Firma Léon Van Parys and Others v
Commission of the European Communities.

the President of
Instance of

(1) OJ C 59 of 6.3.2004.

Removal from the Register of Case T-244/04 (1)

(2005/C 171/59)

(Language of the case: Dutch)

By order of 4 May 2005, the President of the Second Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-244/04, Elisa-
beth Saskia Smit v Europese Politiedienst (Europol).

(1) OJ C 217 of 28.8.2004.
Case T-157/05: Action brought on 25 April 2005 by Deutsche Telekom AG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), information technology, trade-mark law

9.7.2005

EN

Official Journal of the European Union

C 171/25

Action brought on 25 April 2005 by Deutsche Telekom
AG against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

Decision of
of Appeal:

the Board

Appeal dismissed.

(Case T-157/05)

(2005/C 171/41)

Pleas in law:

the Board of
The decision of
Appeal
the final half-
infringes
sentence of Article 8(1)(b) of
Council Regulation (EC) No 40/94
of 20 December 1993 on the
Community
there
being no likelihood of confusion
being
between
compared.

trade mark,

marks

the

(Language in which the application was submitted: German)

An action against the Office for Harmonisation in the Internal
Market
(Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 25
April 2005 by Deutsche Telekom AG, established in Bonn
(Germany), represented by J.-C. Gaedertz, lawyer.

PCS Systemtechnik GmbH, established in Munich (Germany),
was also a party to the proceedings before the Board of
Appeal.

The applicant claims that the Court should:

— annul the decision of the Second Board of Appeal of the
Office for Harmonisation in the Internal Market of 9
February 2005 in appeal proceedings R 248/2004-2;

— order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

The applicant

Community trade mark
concerned:

Word mark ‘T-PCS’ for goods and
services in Classes 9, 16, 36, 38,
41
(application
42
no 1077304).

and

Action brought on 22 April 2005 by Trek Bicycle
Corporation against the Office for Harmonisation in the
Internal Market (Trade Marks and Designs)

(Case T-158/05)

(2005/C 171/42)

(Language of the application: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on 22
April 2005 by Trek Bicycle Corporation, Waterloo, Wisconsin
(United States of America), represented by J. Kroher and A.
Hettenkofer, lawyers.

The other party before the Board of Appeal was AUDI AG,
Ingolstadt (Germany).

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Mark or sign cited in
opposition:

PCS Systemtechnik GmbH

The applicant claims that the Court should:

Word mark ‘PCS’ for goods and
services in Classes 9, 37 and 42
(Community
mark
No 628149).

trade

— set aside the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (Decision R
587/2004-4);

— set aside Decision No 1716/2004 of the Opposition Divi-
sion of 26 May 2004 on Opposition No B 435828 in so
far as the opposition concerning the goods ‘vehicles and
parts therefor’ was rejected;

Decision of the Opposi-
tion Division:

Opposition allowed and applica-
tion no 1077304 refused.
Judgment of the Court of First Instance of 14 April 2005 in Case T-141/03, Sniace SA v Commission of the European Communities (State Aid — Equity loan — Legal interest in bringing proceedings — Inadmissibility)
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: European Commission, Spain, State aid, action for annulment (EU), credit institution, silviculture, wood industry

C 171/16

EN

Official Journal of the European Union

9.7.2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 14 April 2005

of 4 May 2005

in Case T-141/03, Sniace SA v Commission of the Euro-
pean Communities (1)

in Case T-144/03, Nadine Schmit v Commission of the
European Communities (1)

(State Aid — Equity loan — Legal

interest in bringing

proceedings — Inadmissibility)

(Community officials — Mental harassment — Duty to
assist — Obligation to state reasons — Non-inclusion of
documents in personnel file)

(2005/C 171/27)

(Language of the case: Spanish)

(2005/C 171/28)

(Language of the case: French)

for

against

the Commission of

In Case T-141/03: Sniace SA, established in Madrid (Spain),
represented by J. Baró Fuentes, lawyer, supported by Kingdom
of Spain, (Agent: N. Díaz Abad, with an address for service in
Luxembourg)
the European
Communities (Agents: F. Santaolalla Gadea and J. Buendía
Sierra, with an address for service in Luxembourg) — applica-
tion
of Commission Decision
2003/284/EC of 11 December 2002 on the State aid imple-
mented by Spain for Sniace SA (OJ 2003 L 108, p. 35) — the
Court of First Instance (Third Chamber, Extended Composition),
composed of J. Azizi, President, M.
Jaeger, F. Dehousse, E.
Cremona and O. Czúcz, Judges; J. Palacio González, Principal
Administrator, for the Registrar, gave a judgment on 14 April
2005, in which it:

annulment

partial

1. Dismisses the action as inadmissible;

In Case T-144/03, Nadine Schmit, official of the Commission
of the European Communities, residing in Ispra (Italy), repre-
sented by P.-P. Van Gehuchten and P. Jadoul, lawyers, with an
address for service in Luxembourg, v Commission of the Euro-
pean Communities (Agents: J. Currall and L. Lozano Palacios,
assisted by D. Waelbroeck and U. Zinsmeister, lawyers, with an
address for service in Luxembourg), — action for annulment of
the Commission's decision of 11 July 2002 refusing to with-
draw certain allegedly defamatory documents from the appli-
cant's personnel file, denying the existence of libellous state-
ments about her and denying any harm resulting from the staff
reports and promotion years and, if necessary, action for annul-
ment of the Commission's decision of the same day refusing to
register the applicant's 'pre-litigation claim' lodged by the appli-
cant on 28 June 2002 — the Court of First Instance (Third
Chamber), composed of M. Jaeger, President, J. Azizi and E.
Cremona, Judges, H. Jung, Registrar, has given a judgment on 4
May 2005, in which it:

2. Orders the applicant to pay the costs;

1 Dismisses the action.

3. Orders the Kingdom of Spain to bear its own costs.

2 Orders each party to bear its own costs.

(1) OJ C 171 of 19.7.2003.

(1) OJ C 171 of 19.7.2003
Prior notification of a concentration (Case COMP/M.3838 — Avid/Pinnacle) Text with EEA relevance
Date: 2005-07-09
Institutions: European Commission
Subjects: audiovisual industry, economic concentration, exchange of information, merger control, sale, software

9.7.2005

EN

Official Journal of the European Union

C 170/13

Prior notification of a concentration

(Case COMP/M.3838 — Avid/Pinnacle)

(2005/C 170/05)

(Text with EEA relevance)

1. On 29 June 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 Avid Technology Inc. (‘Avid’, U.S.A.), acquires within the meaning of Article 3(1)(b) of the
Council Regulation sole control of Pinnacle Systems Inc. (‘Pinnacle’, U.S.A) by way of transfer and
purchase of shares.

2. The business activities of the undertakings concerned are:

— for Avid: manufacture and sale of digital video and audio software and hardware products for digital

media production, manufacture and management and distribution,

— for Pinnacle: manufacture and sale of digital video products to consumers and the professional

media industry.

3. On preliminary examination, the Commission finds that the notified concentration could fall within the

scope of Regulation (EEC) No 139/2004. However, the final decision on this point is reserved.

4. The Commission invites interested third parties to submit their possible observations on the proposed

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.3838 — Avid/Pinnacle 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.
Removal from the Register of Case T-398/02
Date: 2005-07-09
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), automatic game, exclusive distribution agreement, fine, restriction on competition

9.7.2005

EN

Official Journal of the European Union

C 171/35

— Order the Office to pay TeleTech's US's costs relating to its
proceedings both in the Court of First Instance and before
the Board of Appeal.

Pleas in law and main arguments

Applicant
munity trade mark:

for

Com-

TELETECH INTERNATIONAL S.A.

Removal from the Register of Case T-398/02 (1)

(2005/C 171/57)

(Language of the case: Italian)

By order of 2 May 2005, the President of the Fourth Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-398/02, Linea
the European
GIG S.r.l.
Communities.

in liquidation v Commission of

Community trade mark
concerned:

Word mark TELETECH INTERNA-
TIONAL for services in classes 35,
38 and 42

(1) OJ C 44 of 22.2.2003.

Proprietor of mark or
sign cited in the opposi-
tion proceedings:

Trade mark or
cited in opposition:

sign

The applicant

National mark ‘TELETECH’ and
Community trade mark ‘TELE-
TECH GLOBAL VENTURES’

Removal from the Register of Case T-441/03 (1)

(2005/C 171/58)

(Language of the case: Dutch)

Decision of the Opposi-
tion Division:

Registration refused

Decision of
of Appeal:

Pleas in law:

the Board

Declares the appeal inadmissible

was

the
The applicant contends that
Court of First Instance's judgment
of 16 September 2004 in case T-
342/02,
Metro-Goldwyn-Mayer
Lion / OHMI declaring an appeal
in similar circumstances
brought
wrongly
inadmissible,
decided;
it
submits that this judgment could
be distinguished; finally, it submits
that its position in the USA has
been seriously prejudiced by the
decision of the Opposition Divi-
sion and that, therefore, its appeal
against the latter's decision should
have been declared admissible.

alternative,

in the

the Court of First

the Fourth
By order of 28 April 2005,
Chamber of
the European
Communities has ordered the removal from the Register of
Case T-441/03, N.V. Firma Léon Van Parys and Others v
Commission of the European Communities.

the President of
Instance of

(1) OJ C 59 of 6.3.2004.

Removal from the Register of Case T-244/04 (1)

(2005/C 171/59)

(Language of the case: Dutch)

By order of 4 May 2005, the President of the Second Chamber
of the Court of First Instance of the European Communities has
ordered the removal from the Register of Case T-244/04, Elisa-
beth Saskia Smit v Europese Politiedienst (Europol).

(1) OJ C 217 of 28.8.2004.