do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.3988 — BC Funds/Fitness First) Text with EEA relevance
Date: 2005-11-12
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control, sports equipment

C 280/14

EN

Official Journal of the European Union

12.11.2005

Non-opposition to a notified concentration

(Case COMP/M.3966 — Pirelli RE/Banca Intesa/IFIL/Marcegaglia/SI/IT)

(2005/C 280/08)

(Text with EEA relevance)

On 28 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 Italian 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 32005M3966. 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.3988 — BC Funds/Fitness First)

(2005/C 280/09)

(Text with EEA relevance)

On 27 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 32005M3988. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Case T-306/04: Judgment of the Court of First Instance of 15 September 2005 — Luxem v Commission (Officials — Recruitment — Refusal to appoint a successful candidate in a competition who does not fulfil the conditions of admission to the competition)
Date: 2005-11-12
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), appointment of staff, competition (EU), recruitment

C 281/22

EN

Official Journal of the European Union

12.11.2005

Operative part of the judgment

The Court:

1) Dismisses the action.

2) Orders the applicant to pay the costs.

(1) OJ C 168, 26.6.2004.

Judgment of the Court of First Instance of 21 September
2005 — EDP v Commission

(Case T-87/05) (1)

(Competition — Concentration — Regulation
(EEC)
No 4064/89 — Decision declaring a concentration incompa-
tible with the common market — Portuguese electricity and
gas markets — Acquisition of GDP by EDP and Eni —
Directive 2003/55/EC — Liberalisation of gas markets —
Commitments)

(2005/C 281/42)

Language of the case: English

Judgment of the Court of First Instance of 15 September
2005 — Luxem v Commission

Parties

(Case T-306/04) (1)

(Officials — Recruitment — Refusal to appoint a successful
candidate in a competition who does not fulfil the conditions
of admission to the competition)

(2005/C 281/41)

Language of the case: French

Parties

Applicant(s): Monika Luxem (Brussels, Belgium) (represented by:
S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by: J. Currall and L. Lozano Palacios, Agents)

Application for

Applicant(s): EDP — Energias de Portugal SA (Lisbon, Portugal)
(represented by C. Botelho Moniz, R. García-Gallardo, A. Weit-
brecht and J. Ruiz Calzado, lawyers)

Defendant(s): Commission of the European Communities (repre-
sented by A. Bouquet and M. Schneider, agents)

Intervener(s) in support of the defendant(s): Gas Natural SDG SA
(Barcelona, Spain) (represented by J. Perez-Bustamante Köster
and P. Suárez Fernández, lawyers)

Application for

for annulment of Commission Decision C(2004) 4715 final of
9 December 2004 declaring incompatible with the common
the concentration by which EDP — Energias de
market
Portugal SA and Eni Portugal
Investment SpA proposed to
acquire joint control of Gás de Portugal SGPS SA (Case COMP/
M.3440 — EDP/ENI/GDP

Annulment of the Commission's decision of 30 July 2003
refusing to appoint the applicant as an official

Operative part of the judgment

Operative part of the judgment

The Court:

1) Dismisses the application;

The Court:

1) Dismisses the application;

2) Orders the applicant to pay the costs;

2) Orders each party to pay its own costs.

vention.

3) Orders the parties to bear their own costs in relation to the inter-

(1) OJ C 262, 23.10.2004

(1) OJ C 82, 2.4.2005.
Case T -274/00: Order of the Court of First Instance of 12 September 2005 — Comitato ‘Venezia vuole vivere’ v Commission
Date: 2005-11-12
Institutions: Court of First Instance
Subjects: European Commission, State aid, action for annulment (EU), aid to undertakings, control of State aid, social-security contribution

C 281/34

EN

Official Journal of the European Union

12.11.2005

Order of the Court of First Instance of 12 September
2005 — Comitato ‘Venezia vuole vivere’ v Commission

Order of the Court of First Instance of 13 September
2005 — Scotto v Commission

(Case T -274/00) (1)

(2005/C 281/61)

Language of the case: Italian

The President of the Second Chamber, Extended Composition,
has ordered that the case be removed from the register.

(1) OJ C 272, 23.12.2000.

(Case T-76/05) (1)

(2005/C 281/62)

Language of the case: Italian

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 93, 16.4.2005.
Election of Presidents of Chambers
Date: 2005-11-12
Institutions: Court of Justice
Subjects: Court of Justice of the European Union, election, president of an institution

12.11.2005

EN

Official Journal of the European Union

C 281/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

Election of Presidents of Chambers

Sixth Chamber

(2005/C 281/01)

Mr Malenovský, President,

At a meeting on 6 October 2005, the Judges of the Court of
Justice, pursuant to the second subparagraph of Article 10(1)
of the Rules of Procedure, elected Sir Konrad Schiemann as
President of the Fourth Chamber, Mr Makarczyk as President of
the Fifth Chamber and Mr Malenovský as President of the Sixth
Chamber, for a period of one year expiring on 6 October
2006.

The composition of the Chambers of the Court of Justice is as
follows:

First Chamber

Mr Jann, President,

Sir Konrad Schiemann, Ms Colneric, Mr Cunha Rodrigues, Mr
Lenaerts, Mr Juhász, Mr Ilešič and Mr Levits, Judges

Second Chamber

Mr Timmermans, President,

Mr Makarczyk, Mr Gulmann, Mr Schintgen, Ms Silva de
Lapuerta, Mr Kūris, Mr Arestis and Mr Klučka, Judges

Third Chamber

Mr Rosas, President,

Mr Malenovský, Mr La Pergola, Mr Puissochet, Mr von Bahr,
Mr Borg Barthet, Mr Lõhmus and Mr Ó Caoimh, Judges

Fourth Chamber

Sir Konrad Schiemann, President,

Ms Colneric, Mr Cunha Rodrigues, Mr Lenaerts, Mr Juhász, Mr
Ilešič and Mr Levits, Judges

Fifth Chamber

Mr Makarczyk, President,

Mr Gulmann, Mr Schintgen, Ms Silva de Lapuerta, Mr Kūris, Mr
Arestis and Mr Klučka, Judges

Mr La Pergola, Mr Puissochet, Mr von Bahr, Mr Borg Barthet,
Mr Lõhmus and Mr Ó Caoimh, Judges

Lists for the determination of the composition of the
Fourth, Fifth and Sixth Chambers as from 11 October
2005

(2005/C 281/02)

At its meeting on 11 October 2005, the Court drew up the
lists referred to in the second subparagraph of Article 11c(2) of
the Rules of Procedure for the determination of the composi-
tion of the Chambers of three Judges as follows:

Fourth Chamber

Ms Colneric

Mr Cunha Rodrigues

Mr Lenaerts

Mr Juhász

Mr Ilešič

Mr Levits

Fifth Chamber

Mr Gulmann

Mr Schintgen

Ms Silva de Lapuerta

Mr Kūris

Mr Arestis

Mr Klučka
Prior notification of a concentration (Case COMP/M.4010 — Fresenius/Helios) Text with EEA relevance
Date: 2005-11-12
Institutions: European Commission
Subjects: economic concentration, health service, merger control

C 280/10

EN

Official Journal of the European Union

12.11.2005

Prior notification of a concentration

(Case COMP/M.4010 — Fresenius/Helios)

(2005/C 280/04)

(Text with EEA relevance)

1.
On 3 November 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 Fresenius AG
(‘Fresenius’, Germany) controlled by Else-Kröner Fresenius-Stiftung (‘Fresenius Stiftung’, Germany) acquires
within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of HELIOS Kliniken
GmbH (‘HELIOS’, Germany) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Fresenius Stiftung: foundation controlling Fresenius,

— for Fresenius: multinational health company, active in the sectors, hospital management and hospital

services, clinical nutrition, dialysis instruments and dialysis solutions, infusion therapy,

— for HELIOS: independent hospital operator active in Germany.

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.4010 — Fresenius/Helios, 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.
Prior notification of a concentration (Case COMP/M.3981 — Fives-Lille/Landis) Text with EEA relevance
Date: 2005-11-12
Institutions: European Commission
Subjects: economic concentration, iron and steel industry, machine-tool industry, merger control

12.11.2005

EN

Official Journal of the European Union

C 280/11

Prior notification of a concentration

(Case COMP/M.3981 — Fives-Lille/Landis)

(2005/C 280/05)

(Text with EEA relevance)

1.
On 3 November 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 Compagnie de Fives-Lille (‘FL’, France), ultimately controlled by Barclays Bank plc (UK), acquires
within the meaning of Article 3(1)(b) of the Council Regulation control of the assets of Landis Lund (UK)
and Landis US (USA) (together ‘Landis’).

2.

The business activities of the undertakings concerned are:

— FL: design, production and sale of equipment mainly for the aluminium, steel, cement, and automotive
sectors; FL is also present in other market sectors, such as glass, sugar, power generation and handling
systems for industry;

— Landis: design, manufacture and sale of grinding systems including orbital cylindrical, centerless and

disc grinder machines for the automotive industry, as well as abrasives and cutting consumables.

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.3981 — Fives-Lille/Landis 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.
Prior notification of a concentration (Case COMP/M.4023 — Industri Kapital/GUS Holland Holding) — Candidate case for simplified procedure Text with EEA relevance
Date: 2005-11-12
Institutions: European Commission
Subjects: credit institution, distance selling, economic concentration, investment company, merger control

12.11.2005

EN

Official Journal of the European Union

C 280/13

Prior notification of a concentration

(Case COMP/M.4023 — Industri Kapital/GUS Holland Holding)

Candidate case for simplified procedure

(2005/C 280/07)

(Text with EEA relevance)

1.
On 4 November 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 Industri Kapital (the
Netherlands) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole
of the undertaking GUS Holland Holding (‘GUS Holding’, the Netherlands) belonging to GUS plc (UK) by
way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for undertaking Industri Kapital: private investment firm,

— for undertaking GUS Holding: retail home shopping in the Netherlands and consumer credit, and debt

collection.

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. 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.4023 — Industri Kapital/GUS Holland Holding, 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.
(2) OJ C 56, 5.3.2005, p. 32.
Non-opposition to a notified concentration (Case COMP/M.3966 — Pirelli RE/Banca Intesa/IFIL/Marcegaglia/SI/IT) Text with EEA relevance
Date: 2005-11-12
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, tourism

C 280/14

EN

Official Journal of the European Union

12.11.2005

Non-opposition to a notified concentration

(Case COMP/M.3966 — Pirelli RE/Banca Intesa/IFIL/Marcegaglia/SI/IT)

(2005/C 280/08)

(Text with EEA relevance)

On 28 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 Italian 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 32005M3966. 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.3988 — BC Funds/Fitness First)

(2005/C 280/09)

(Text with EEA relevance)

On 27 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 32005M3988. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Prior notification of a concentration (Case COMP/M.3905 — Tesco/Carrefour (Czech Republic and Slovakia)) Text with EEA relevance
Date: 2005-11-12
Institutions: European Commission
Subjects: economic concentration, merger control, retail trade

C 280/12

EN

Official Journal of the European Union

12.11.2005

Prior notification of a concentration

(Case COMP/M.3905 — Tesco/Carrefour (Czech Republic and Slovakia))

(2005/C 280/06)

(Text with EEA relevance)

1.
On 4 November 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 Tesco plc (‘Tesco’, UK)
acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the Czech and Slovak
businesses of the undertaking Carrefour (France) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Tesco: food and non-food retailing;

— for Carrefour: food and non-food retailing.

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.3905 — Tesco/Carrefour (Czech Republic and Slovakia), 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.
Case T-76/05: Order of the Court of First Instance of 13 September 2005 — Scotto v Commission
Date: 2005-11-12
Institutions: Court of First Instance
Subjects: European Commission, European official, action for annulment (EU), professional qualifications, promotion, regulations for civil servants

C 281/34

EN

Official Journal of the European Union

12.11.2005

Order of the Court of First Instance of 12 September
2005 — Comitato ‘Venezia vuole vivere’ v Commission

Order of the Court of First Instance of 13 September
2005 — Scotto v Commission

(Case T -274/00) (1)

(2005/C 281/61)

Language of the case: Italian

The President of the Second Chamber, Extended Composition,
has ordered that the case be removed from the register.

(1) OJ C 272, 23.12.2000.

(Case T-76/05) (1)

(2005/C 281/62)

Language of the case: Italian

The President of the First Chamber has ordered that the case be
removed from the register.

(1) OJ C 93, 16.4.2005.
Case T-130/03: Judgment of the Court of First Instance of 22 September 2005 — Alcon v OHIM (Community trade mark — Opposition proceedings — Earlier national word mark TRIVASTAN — Application for Community word mark TRAVATAN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2005-11-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical industry, trade-mark law

C 281/20

EN

Official Journal of the European Union

12.11.2005

Judgment of the Court of First Instance of 22 September
2005 — Alcon v OHIM

Judgment of the Court of First Instance of 15 September
2005 — Casini v Commission

(Case T-130/03) (1)

(Case T-132/03) (1)

(Community trade mark — Opposition proceedings —
Earlier national word mark TRIVASTAN — Application for
Community word mark TRAVATAN — Relative ground for
refusal — Likelihood of confusion — Article 8(1)(b) of Regu-
lation (EC) No 40/94)

(Commission officials — Promotion — 2002 procedure —
Non-inclusion on the list of officials promoted to Grade A 6
— Duty to state reasons — Consideration of the comparative
merits — Manifest error of assessment — Probative nature
of subsequent statements of members of the personnel service
— Action for annulment — Action for damages)

(2005/C 281/36)

Language of the case: English

(2005/C 281/37)

Language of the case: French

Parties

Parties

Applicant(s): Alcon Inc. (Hünenberg, Switzerland) (represented
by: G. Breen, Solicitor, and J. Gleeson, Barrister)

Applicant(s): Paola Casini (Brussels, Belgium) (represented by: G.
Vandersanden, lawyer)

Defendant(s): Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: S. Palmero Cabezas
and S. Laitinen, Agents)

Other party or parties to the proceedings before the Board of Appeal
of OHIM, intervening before the Court of First Instance: Biofarma
(represented by: V. Gil Vega,
SA,
A. Ruiz Lopez, and D. González Maroto, lawyer)

(Neuilly-sur-Seine, France)

Defendant(s): Commission of the European Communities (repre-
sented by: V. Joris, Agent, and D. Waelbroeck, lawyer)

Application for

annulment of the decision of the Commission not to promote
the applicant to Grade A 6 in respect of the 2002 promotion
procedure, and damages for material and non-material damage
suffered

Application for

annulment of the decision of the Third Board of Appeal of
OHIM of 30 January 2003 (Case R 968/2001-3) concerning
opposition proceedings between Alcon Inc. and Biofarma SA

Operative part of the judgment

The Court:

Operative part of the judgment

The Court:

1. Dismisses the action;

1. Annuls the decision of the Commission of 14 August 2002 not
to promote the applicant to Grade A 6 in respect of the 2002
promotion procedure;

2. Orders the defendant to pay the applicant the sum of EUR 2 000

to compensate for non-material damage she has suffered;

3. Dismisses the remainder of the action;

2. Orders the applicant to pay the costs.

4. Orders the defendant to pay the costs.

(1) OJ C 158, 5.7.2003.

(1) OJ C 146 of 21.6.2003.