do-me/EUR-LEX huggingface dataset:
Removal from the register of Case C-108/04
Date: 2005-10-29
Institutions: Court of Justice
Subjects: equal treatment, gender equality, interpretation of the law, social security

C 271/18

EN

Official Journal of the European Union

29.10.2005

2. The Court of First Instance provided no legally persuasive
explanation as to why it more or less automatically excludes
the lawyers' fees in complaint proceedings before the Euro-
pean mediator from the costs which can be claimed in
compensation proceedings. It did not examine the factual
and legal substantiation of the need for the involvement of a
lawyer in the complaint proceedings brought by the appel-
lant.

3. The examination by the Court of First Instance of the ques-
tion of the causal connection between the Commission's
unlawful conduct and the damage alleged was superficial
and the view reached by it was incorrect.

4. The Court of First Instance erred in law in placing reliance
on a judgment of the Court in order to substantiate its erro-
neous assertion that proceedings before the European
Ombudsman as a matter of principle do not require a
lawyer to be involved. That judgment related to the case of
a Commission staff member which fell to be determined in
accordance with the criteria under the rules on the employ-
ment of staff and had no inherent connection with the
present case.

(1) OJ C 229 of 17. 9. 2005.

Removal from the register of Case C-360/01 (1)

(2005/C 271/33)

(Language of the case: Italian)

By order of 4 April 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-360/01: Italian Republic v Commission
and Council of the European Communities.

(1) OJ C 331 of 24.11.2001.

Removal from the register of Case C-108/04 (1)

(2005/C 271/34)

(Language of the case: Spanish)

By order of 3 May 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-108/04 (Reference for a preliminary
ruling from the Tribunal Superior de Justicia): Divina Cortiñas
Yáñez v Instituto Nacional de la Seguridad Social (INSS), Tesor-
ería General de la Seguridad Social (TGSS).

(1) OJ C 94 of 17.4.2004.

Removal from the register of Case C-425/04 (1)

(2005/C 271/35)

(Language of the case: Italian)

By order of 6 June 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-425/04: Commission of the European
Communities v Italian Republic.

(1) OJ C 300 of 04.12.2004.

Removal from the register of Case C-458/04 (1)

(2005/C 271/36)

(Language of the case: French)

By order of 29 April 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-458/04 (Reference for a preliminary
ruling from the Tribunal administratif de Caen): Chambre de
commerce et d'industrie de Flers-Argentan v Directeur des
services fiscaux de la DIRCOFI Quest.

(1) OJ C 19 of 22.01.2005.
Euro exchange rates
Date: 2005-10-29
Institutions: European Commission
Subjects: euro, exchange rate

29.10.2005

EN

Official Journal of the European Union

C 270/1

I

(Information)

COMMISSION

Euro exchange rates (1)

28 October 2005

(2005/C 270/01)

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

1,2138

140,03

7,4613

0,68090

9,5295

1,5459

73,56

7,8090

1,9560

0,5735

29,690

15,6466

251,36

3,4528

0,6964

0,4293

3,9895

3,6452

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

239,53

39,068

1,6405

1,6114

1,4211

9,4109

1,7188

2,0532

KRW South Korean won

1 265,27

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

8,1293

9,8124

7,3795

Indonesian rupiah

12 168,35

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,582

66,668

34,5230

49,507

(1) Source:

reference exchange rate published by the ECB.
Removal from the register of Case C-360/01
Date: 2005-10-29
Institutions: Court of Justice
Subjects: Council of the European Union, European Commission, Italy, action for annulment (EU), intervention price, white sugar

C 271/18

EN

Official Journal of the European Union

29.10.2005

2. The Court of First Instance provided no legally persuasive
explanation as to why it more or less automatically excludes
the lawyers' fees in complaint proceedings before the Euro-
pean mediator from the costs which can be claimed in
compensation proceedings. It did not examine the factual
and legal substantiation of the need for the involvement of a
lawyer in the complaint proceedings brought by the appel-
lant.

3. The examination by the Court of First Instance of the ques-
tion of the causal connection between the Commission's
unlawful conduct and the damage alleged was superficial
and the view reached by it was incorrect.

4. The Court of First Instance erred in law in placing reliance
on a judgment of the Court in order to substantiate its erro-
neous assertion that proceedings before the European
Ombudsman as a matter of principle do not require a
lawyer to be involved. That judgment related to the case of
a Commission staff member which fell to be determined in
accordance with the criteria under the rules on the employ-
ment of staff and had no inherent connection with the
present case.

(1) OJ C 229 of 17. 9. 2005.

Removal from the register of Case C-360/01 (1)

(2005/C 271/33)

(Language of the case: Italian)

By order of 4 April 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-360/01: Italian Republic v Commission
and Council of the European Communities.

(1) OJ C 331 of 24.11.2001.

Removal from the register of Case C-108/04 (1)

(2005/C 271/34)

(Language of the case: Spanish)

By order of 3 May 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-108/04 (Reference for a preliminary
ruling from the Tribunal Superior de Justicia): Divina Cortiñas
Yáñez v Instituto Nacional de la Seguridad Social (INSS), Tesor-
ería General de la Seguridad Social (TGSS).

(1) OJ C 94 of 17.4.2004.

Removal from the register of Case C-425/04 (1)

(2005/C 271/35)

(Language of the case: Italian)

By order of 6 June 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-425/04: Commission of the European
Communities v Italian Republic.

(1) OJ C 300 of 04.12.2004.

Removal from the register of Case C-458/04 (1)

(2005/C 271/36)

(Language of the case: French)

By order of 29 April 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-458/04 (Reference for a preliminary
ruling from the Tribunal administratif de Caen): Chambre de
commerce et d'industrie de Flers-Argentan v Directeur des
services fiscaux de la DIRCOFI Quest.

(1) OJ C 19 of 22.01.2005.
Prior notification of a concentration (Case COMP/ M.3867 — Vattenfall/Elsam and E2 Assets) Text with EEA relevance
Date: 2005-10-29
Institutions: European Commission
Subjects: economic concentration, electrical industry, gas industry, merger control

C 270/6

EN

Official Journal of the European Union

29.10.2005

Prior notification of a concentration

(Case COMP/ M.3867 — Vattenfall/Elsam and E2 Assets)

(2005/C 270/04)

(Text with EEA relevance)

1.
On 18 October 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 Vattenfall AB
(‘Vattenfall’, Sweden) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of
parts of the undertakings Elsam A/S (‘Elsam’, Denmark) and Energie E2 (‘E2’, Denmark), by way of a swap
agreement with DONG A/S (‘DONG’, Denmark).

2.

The business activities of the undertakings concerned are:

— for Vattenfall: Production, distribution and supply of electricity and the sale of natural gas, heat and

other energy products and services;

— for target parts of Elsam and E2: production of electricity in Denmark, wholesale of electricity.

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.3867 — Vattenfall/Elsam and E2 Assets, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
BE-1049 Brussel

(1) OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration (Case COMP/M.3975 — Cargill/DFI) Text with EEA relevance
Date: 2005-10-29
Institutions: European Commission
Subjects: agro-industry, economic concentration, merger control, pharmaceutical industry

29.10.2005

EN

Official Journal of the European Union

C 270/5

Prior notification of a concentration

(Case COMP/M.3975 — Cargill/DFI)

(2005/C 270/03)

(Text with EEA relevance)

1.
On 21 October 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 Cargill Inc. (‘Cargill’,
USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the
undertakings Degussa Food Ingredients GmbH and Maxens GmbH (altogether ‘DFI’, Germany) by way of
purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Cargill: Animal feed, food and food ingredients, pharmaceuticals,

— for DFI: Food ingredients.

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.3975 — Cargill/DFI, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
BE-1049 Brussels

(1) OJ L 24, 29.1.2004, p. 1.
Removal from the register of Case C-458/04
Date: 2005-10-29
Institutions: Court of Justice
Subjects: VAT, basis of tax assessment, credit transfer, delivery, distributive trades, interpretation of the law, provision of services, tax exemption

C 271/18

EN

Official Journal of the European Union

29.10.2005

2. The Court of First Instance provided no legally persuasive
explanation as to why it more or less automatically excludes
the lawyers' fees in complaint proceedings before the Euro-
pean mediator from the costs which can be claimed in
compensation proceedings. It did not examine the factual
and legal substantiation of the need for the involvement of a
lawyer in the complaint proceedings brought by the appel-
lant.

3. The examination by the Court of First Instance of the ques-
tion of the causal connection between the Commission's
unlawful conduct and the damage alleged was superficial
and the view reached by it was incorrect.

4. The Court of First Instance erred in law in placing reliance
on a judgment of the Court in order to substantiate its erro-
neous assertion that proceedings before the European
Ombudsman as a matter of principle do not require a
lawyer to be involved. That judgment related to the case of
a Commission staff member which fell to be determined in
accordance with the criteria under the rules on the employ-
ment of staff and had no inherent connection with the
present case.

(1) OJ C 229 of 17. 9. 2005.

Removal from the register of Case C-360/01 (1)

(2005/C 271/33)

(Language of the case: Italian)

By order of 4 April 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-360/01: Italian Republic v Commission
and Council of the European Communities.

(1) OJ C 331 of 24.11.2001.

Removal from the register of Case C-108/04 (1)

(2005/C 271/34)

(Language of the case: Spanish)

By order of 3 May 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-108/04 (Reference for a preliminary
ruling from the Tribunal Superior de Justicia): Divina Cortiñas
Yáñez v Instituto Nacional de la Seguridad Social (INSS), Tesor-
ería General de la Seguridad Social (TGSS).

(1) OJ C 94 of 17.4.2004.

Removal from the register of Case C-425/04 (1)

(2005/C 271/35)

(Language of the case: Italian)

By order of 6 June 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-425/04: Commission of the European
Communities v Italian Republic.

(1) OJ C 300 of 04.12.2004.

Removal from the register of Case C-458/04 (1)

(2005/C 271/36)

(Language of the case: French)

By order of 29 April 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-458/04 (Reference for a preliminary
ruling from the Tribunal administratif de Caen): Chambre de
commerce et d'industrie de Flers-Argentan v Directeur des
services fiscaux de la DIRCOFI Quest.

(1) OJ C 19 of 22.01.2005.
Notice of the impending expiry of certain anti-dumping measures
Date: 2005-10-29
Institutions: European Commission
Subjects: Russia, Thailand, Türkiye, anti-dumping duty, anti-dumping legislation, metals, non-flat product

C 270/38

EN

Official Journal of the European Union

29.10.2005

Notice of the impending expiry of certain anti-dumping measures

(2005/C 270/11)

1. As provided for in Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 (1) on
protection against dumped imports from countries not members of the European Community, the
Commission gives notice that, unless a review is initiated in accordance with the following procedure,
the anti-dumping measures mentioned below will expire on the date mentioned in the table below.

2. Procedure

Community producers may lodge a written request for a review. This request must contain sufficient
evidence that the expiry of the measures would be likely to result in a continuation or recurrence of
dumping and injury.

Should the Commission decide to review the measures concerned, importers, exporters, representatives
of the exporting country and Community producers will then be provided with the opportunity to
amplify, rebut or comment on the matters set out in the review request.

3. Time limit

Community producers may submit a written request for a review on the above basis, to reach the Euro-
pean Commission, Directorate-General for Trade (Division B-1), J-79 5/16, BE-1049 Brussels (2) at any
time from the date of the publication of the present notice but no later than three months before the
date mentioned in the table below.

4. This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 384/96 of

22 December 1995.

Product

Country(ies) of origin or exportation

Measures

Reference

ropes

Steel
and cables

Russia
Thailand
Turkey

Anti-dumping
duty

Council
(EC) No
Regulation
1601/2001 (OJ L 211, 4.8.2001,
p. 1), as last amended by Regu-
lation (EC) No 564/2005 (OJ L
97, 15.4.2005, p. 1)

Date of
expiry

5.8.2006

Russia
Thailand

Undertakings

Commission
2001/602/EC
4.8.2001, p. 47)

(OJ

Decision
211,
L

5.8.2006

(1) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004,

p. 12).

(2) Telefax : (32-2) 295 65 05.
Non-opposition to a notified concentration (Case COMP/M.3964 — Berkshire Hathaway/MEHC) Text with EEA relevance
Date: 2005-10-29
Institutions: European Commission
Subjects: economic concentration, electrical energy, exchange of information, gas, insurance, merger control, undisclosed partnership

29.10.2005

EN

Official Journal of the European Union

C 270/45

Non-opposition to a notified concentration

(Case COMP/M.3964 — Berkshire Hathaway/MEHC)

(2005/C 270/15)

(Text with EEA relevance)

On 20 October 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 32005M3964. 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.3784 — Tridonicatco/Toyoda Gosei/LED JV)

(2005/C 270/16)

(Text with EEA relevance)

On 19 October 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 32005M3784. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Removal from the register of Case C-425/04
Date: 2005-10-29
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, harmonisation of standards, national implementing measure, rail transport, technical rule, trans-European network

C 271/18

EN

Official Journal of the European Union

29.10.2005

2. The Court of First Instance provided no legally persuasive
explanation as to why it more or less automatically excludes
the lawyers' fees in complaint proceedings before the Euro-
pean mediator from the costs which can be claimed in
compensation proceedings. It did not examine the factual
and legal substantiation of the need for the involvement of a
lawyer in the complaint proceedings brought by the appel-
lant.

3. The examination by the Court of First Instance of the ques-
tion of the causal connection between the Commission's
unlawful conduct and the damage alleged was superficial
and the view reached by it was incorrect.

4. The Court of First Instance erred in law in placing reliance
on a judgment of the Court in order to substantiate its erro-
neous assertion that proceedings before the European
Ombudsman as a matter of principle do not require a
lawyer to be involved. That judgment related to the case of
a Commission staff member which fell to be determined in
accordance with the criteria under the rules on the employ-
ment of staff and had no inherent connection with the
present case.

(1) OJ C 229 of 17. 9. 2005.

Removal from the register of Case C-360/01 (1)

(2005/C 271/33)

(Language of the case: Italian)

By order of 4 April 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-360/01: Italian Republic v Commission
and Council of the European Communities.

(1) OJ C 331 of 24.11.2001.

Removal from the register of Case C-108/04 (1)

(2005/C 271/34)

(Language of the case: Spanish)

By order of 3 May 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-108/04 (Reference for a preliminary
ruling from the Tribunal Superior de Justicia): Divina Cortiñas
Yáñez v Instituto Nacional de la Seguridad Social (INSS), Tesor-
ería General de la Seguridad Social (TGSS).

(1) OJ C 94 of 17.4.2004.

Removal from the register of Case C-425/04 (1)

(2005/C 271/35)

(Language of the case: Italian)

By order of 6 June 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-425/04: Commission of the European
Communities v Italian Republic.

(1) OJ C 300 of 04.12.2004.

Removal from the register of Case C-458/04 (1)

(2005/C 271/36)

(Language of the case: French)

By order of 29 April 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-458/04 (Reference for a preliminary
ruling from the Tribunal administratif de Caen): Chambre de
commerce et d'industrie de Flers-Argentan v Directeur des
services fiscaux de la DIRCOFI Quest.

(1) OJ C 19 of 22.01.2005.
The new Judges of the Civil Service Tribunal take the oath
Date: 2005-10-29
Institutions: Civil Service Tribunal
Subjects: Court of Justice of the European Union, appointment of staff, member of the Court of Justice (EU)

29.10.2005

EN

Official Journal of the European Union

C 271/27

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

The new Judges of the Civil Service Tribunal take the oath

(2005/C 271/50)

Appointed Judges of the European Union Civil Service Tribunal by the Council Decision of 22 July 2005
appointing Judges of the European Union Civil Service Tribunal (1) with effect from 1 October 2005, Ms
Boruta, Mr Gervasoni, Mr Kanninen, Mr Kreppel, Mr Mahoney, Mr Tagaras and Mr van Raepenbusch took
the oath before the Court of Justice on 5 October 2005.

(1) OJ L 197, 28.7.2005, p. 28.

Election of the President of the Civil Service Tribunal

(2005/C 271/51)

At a meeting on 6 October 2005, in accordance with Article 3 of the Council Decision of 22 July 2005
appointing Judges of the European Union Civil Service Tribunal (1) and Article 4(1) of Annex I to the
Protocol on the Statute of the Court of Justice, (2) the Judges of the Civil Service Tribunal elected Mr
Mahoney President of the Tribunal for the period from 6 October 2005 to 5 October 2008.

(1) OJ L 197, 28.7.2005, p. 28.
(2) OJ L 333, 9.11.2004, p. 9.