do-me/EUR-LEX huggingface dataset:
Case T-140/04: Order of the Court of First Instance of  14 September 2005  — Ehcon v Commission (Public service contracts — Call for tenders — Rejection of tenderer's offer — Non-contractual liability — Limitation period — Inadmissibility — Action clearly unfounded)
Date: 2005-11-26
Institutions: Court of First Instance
Subjects: European Commission, appeal to the Court (EU), award of contract, damages, provision of services

26.11.2005

EN

Official Journal of the European Union

C 296/23

Application for

annulment of the decision of the Fourth Board of Appeal of
OHIM of 30 June 2004 (Case R 0458/2002-4) concerning
opposition proceedings between Bunker & BKR, SL and Marine
Stock Ltd

Operative part of the judgment

The Court:

1. Annuls the decision of the Fourth Board of Appeal of the Office
(Trade Marks and

for Harmonisation in the Internal Market
Designs) (OHIM) of 30 June 2004 (Case R 0458/2002-4);

2. Orders OHIM to bear its own costs and to pay the costs incurred

by the applicant;

3. Orders the intervener to bear its own costs.

(1) OJ C 314, 18.12.2004.

Order of the Court of First Instance of 14 September 2005
— Ehcon v Commission

(Case T-140/04) (1)

(Public service contracts — Call for tenders — Rejection of
liability — Limitation
tenderer's offer — Non-contractual

period — Inadmissibility — Action clearly unfounded)

(2005/C 296/50)

Language of the case: Dutch

Parties

Applicant(s): Adviesbureau Ehcon BV (Reeuwijk, Netherlands)
(represented by: M. Goedkoop, lawyer)

Order of the Court of First Instance of 7 September 2005
— Krahl v Commission

(Case T-358/03) (1)

Defendant(s): Commission of the European Communities (repre-
sented by: L. Parpala and E. Manhaeve, Agents)

(Officials — Service in a non-member country — Accommo-
dation expenses — Actions — Time-limits — Mandatory —
Late action — Inadmissible)

(2005/C 296/49)

Language of the case: French

Application for

Parties

Applicant(s): Sigfried Krahl (Zagreb, Croatia) (represented by: S.
Orlandi, A. Coolen, J.-N. Louis and E. Marchel, lawyers)

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

Application for

annulment of the Commission's decision refusing to reimburse
all
the accommodation expenses incurred by the applicant
following his posting to Zagreb

Operative part of the Order

1. The action is dismissed as inadmissible;

2. Each of the parties shall bear its own costs.

(1) OJ C 7, 10.1.2004.

compensation for the damage allegedly suffered by the appli-
cant because of the rejection of its tender under a call for
tenders, published on 10 April 1996 (OJ 1996 C 232, p. 35),
for services in relation to Council Directive 80/778/EEC of 15
July 1980 relating to the quality of water intended for human
consumption (OJ 1980 L 229, p. 11).

Operative part of the Order

1. The action is dismissed as partly inadmissible and partly clearly

without foundation.

2. The applicant is to pay the costs.

(1) OJ C 146, 29.5.2004.
Publication of decisions by Member States to grant or revoke operating licenses pursuant to Article 13(4) of Council Regulation (EEC) No 2407/92 on licensing of air carriers   (Text with EEA relevance)
Date: 2005-11-26
Institutions: European Commission
Subjects: Austria, air transport, transport company, transport licence

C 295/14

EN

Official Journal of the European Union

26.11.2005

Publication of decisions by Member States to grant or revoke operating licenses pursuant to
Article 13(4) of Council Regulation (EEC) No 2407/92 on licensing of air carriers (1) (2)

(2005/C 295/06)

(Text with EEA relevance)

AUSTRIA

Operating licences granted

Category B: Operating licences including the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

Name of air carrier

Address of air carrier

Permitted to carry

Decision effective
since

WWW
sellschaft m.b.H

Bedarfsluftfahrtsge-

Radetzkystraße 19
AT-1030 Wien

mail, cargo

3.11.2005

Change of name of license holder

Category A: Operating licences without the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

New name of air carrier

Address of air carrier

Permitted to carry

Decision effective
since

ARA Flugrettungs GmbH

Grete-Bittnerstraße 9
AT-9020 Klagenfurt

passengers, mail, cargo

3.11.2005

(1) OJ L 240, 24.8.1992, p. 1.
(2) Communicated to the European Commission before 31.8.2005.
Removal from the register of Case C-481/04
Date: 2005-11-26
Institutions: Court of Justice
Subjects: foreign national, imprisonment, interpretation of the law, job access, residence permit

26.11.2005

EN

Official Journal of the European Union

C 296/19

Removal from the register of Case C-338/03 (1)

Removal from the register of Case C-478/04 (1)

(2005/C 296/36)

(Language of the case: Italian)

By order of 14 July 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-338/03 (reference for a preliminary
ruling from the Tribunale Civile e Penale di Perugia): in crim-
inal proceedings against Rosario Alessandrello, Vicenzo Biccari,
Daniel Buaron.

(2005/C 296/39)

(Language of the case: Italian)

By order of 24 June 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-478/04 Commission of the European
Communities v Italian Republic.

(1) OJ C 264, 1.11.2003.

(1) OJ C 31, 5.2.2005.

Removal from the register of Case C-510/03 (1)

(2005/C 296/37)

(Language of the case: German)

By order of 21 July 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-510/03 Commission of the European
Communities v Federal Republic of Germany.

Removal from the register of Case C-481/04 (1)

(2005/C 296/40)

(Language of the case: German)

By order of 6 June 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
in the case of Engin Torun
the register of Case C-481/04,
against Stadt Augsburg, interested parties: the representative of
the national interest before the Bundesverwaltungsgericht, and
Landesanwaltschaft Bayern.

(1) OJ C 21, 24.1.2004.

(1) OJ C 19, 22.1.2005.

Removal from the register of Case C-330/04 (1)

(2005/C 296/38)

(Language of the case: Italian)

By order of 22 June 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-330/04: Commission of the European
Communities v Italian Republic.

(1) OJ C 262, 23.10.2004.

Removal from the register of Case C-74/05 (1)

(2005/C 296/41)

(Language of the case: French)

By order of 27 April 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-74/05 Commission of the European
Communities v Grand Duchy of Luxembourg.

(1) OJ C 82, 2.4.2005.
Removal from the register of Case C-74/05
Date: 2005-11-26
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, air transport, arrangement of working time, carrier, crew, organisation of work, trade union, working time

26.11.2005

EN

Official Journal of the European Union

C 296/19

Removal from the register of Case C-338/03 (1)

Removal from the register of Case C-478/04 (1)

(2005/C 296/36)

(Language of the case: Italian)

By order of 14 July 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-338/03 (reference for a preliminary
ruling from the Tribunale Civile e Penale di Perugia): in crim-
inal proceedings against Rosario Alessandrello, Vicenzo Biccari,
Daniel Buaron.

(2005/C 296/39)

(Language of the case: Italian)

By order of 24 June 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-478/04 Commission of the European
Communities v Italian Republic.

(1) OJ C 264, 1.11.2003.

(1) OJ C 31, 5.2.2005.

Removal from the register of Case C-510/03 (1)

(2005/C 296/37)

(Language of the case: German)

By order of 21 July 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-510/03 Commission of the European
Communities v Federal Republic of Germany.

Removal from the register of Case C-481/04 (1)

(2005/C 296/40)

(Language of the case: German)

By order of 6 June 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
in the case of Engin Torun
the register of Case C-481/04,
against Stadt Augsburg, interested parties: the representative of
the national interest before the Bundesverwaltungsgericht, and
Landesanwaltschaft Bayern.

(1) OJ C 21, 24.1.2004.

(1) OJ C 19, 22.1.2005.

Removal from the register of Case C-330/04 (1)

(2005/C 296/38)

(Language of the case: Italian)

By order of 22 June 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-330/04: Commission of the European
Communities v Italian Republic.

(1) OJ C 262, 23.10.2004.

Removal from the register of Case C-74/05 (1)

(2005/C 296/41)

(Language of the case: French)

By order of 27 April 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-74/05 Commission of the European
Communities v Grand Duchy of Luxembourg.

(1) OJ C 82, 2.4.2005.
Publication of decisions by Member States to grant or revoke operating licenses pursuant to Article 13(4) of Council Regulation (EEC) No 2407/92 on licensing of air carriers   (Text with EEA relevance)
Date: 2005-11-26
Institutions: European Commission
Subjects: Lithuania, air transport, transport company, transport licence

26.11.2005

EN

Official Journal of the European Union

C 295/11

Publication of decisions by Member States to grant or revoke operating licenses pursuant to
Article 13(4) of Council Regulation (EEC) No 2407/92 on licensing of air carriers (1) (2)

(2005/C 295/04)

(Text with EEA relevance)

LITHUANIA

Operating licences granted

Category A: Operating licences without the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

Name of air carrier

Address of air carrier

Permitted to carry

Decision effective
since

JSC Nordic Solutions

Rodunios Route 34
LT-02187 Vilnius

passengers, mail, cargo

27.10.2005

Category B: Operating licences including the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

Name of air carrier

Address of air carrier

Permitted to carry

Decision effective
since

JSC Joanos avialinijos

Laisves av. 123-6
LT-06118 Vilnius

passengers, mail, cargo

27.10.2005

(1) OJ L 240, 24.8.1992, p. 1.
(2) Communicated to the European Commission before 31.8.2005.
Non-opposition to a notified concentration (Case COMP/M.3884 — ADM Poland/Cefetra/BTZ) Text with EEA relevance
Date: 2005-11-26
Institutions: European Commission
Subjects: economic concentration, merger control, olive-growing, private stock

C 295/20

EN

Official Journal of the European Union

26.11.2005

Non-opposition to a notified concentration

(Case COMP/M.3999 — Gazprom/Sibneft)

(2005/C 295/12)

(Text with EEA relevance)

On 18 November 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 32005M3999. 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.3884 — ADM Poland/Cefetra/BTZ)

(2005/C 295/13)

(Text with EEA relevance)

On 14 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 32005M3884. 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.4031 — JCI/SAFT/JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2005-11-26
Institutions: European Commission
Subjects: economic concentration, electrical engineering, mechanical engineering, merger control

26.11.2005

EN

Official Journal of the European Union

C 295/17

Prior notification of a concentration

(Case COMP/M.4031 — JCI/SAFT/JV)

Candidate case for simplified procedure

(2005/C 295/09)

(Text with EEA relevance)

1.
On 18 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 Johnson Controls Inc (‘JCI’,
USA) and Saft Groupe SA (‘SAFT’, France) acquire within the meaning of Article 3(1)(b) of the Council
Regulation joint control of a newly created company constituting a joint venture (‘JV’, USA).

2.

The business activities of the undertakings concerned are:

— JCI: automotive and building control systems;

— SAFT: industrial and speciality batteries;

— JV: Batteries for hybrid and electrical vehicles.

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.4031 — JCI/SAFT/JV, to the following address:

European Commission
Competition DG
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.
Removal from the register of Case C-338/03
Date: 2005-11-26
Institutions: Court of Justice
Subjects: balance sheet, company law, interpretation of the law, offence, publication of accounts

26.11.2005

EN

Official Journal of the European Union

C 296/19

Removal from the register of Case C-338/03 (1)

Removal from the register of Case C-478/04 (1)

(2005/C 296/36)

(Language of the case: Italian)

By order of 14 July 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-338/03 (reference for a preliminary
ruling from the Tribunale Civile e Penale di Perugia): in crim-
inal proceedings against Rosario Alessandrello, Vicenzo Biccari,
Daniel Buaron.

(2005/C 296/39)

(Language of the case: Italian)

By order of 24 June 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-478/04 Commission of the European
Communities v Italian Republic.

(1) OJ C 264, 1.11.2003.

(1) OJ C 31, 5.2.2005.

Removal from the register of Case C-510/03 (1)

(2005/C 296/37)

(Language of the case: German)

By order of 21 July 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-510/03 Commission of the European
Communities v Federal Republic of Germany.

Removal from the register of Case C-481/04 (1)

(2005/C 296/40)

(Language of the case: German)

By order of 6 June 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
in the case of Engin Torun
the register of Case C-481/04,
against Stadt Augsburg, interested parties: the representative of
the national interest before the Bundesverwaltungsgericht, and
Landesanwaltschaft Bayern.

(1) OJ C 21, 24.1.2004.

(1) OJ C 19, 22.1.2005.

Removal from the register of Case C-330/04 (1)

(2005/C 296/38)

(Language of the case: Italian)

By order of 22 June 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-330/04: Commission of the European
Communities v Italian Republic.

(1) OJ C 262, 23.10.2004.

Removal from the register of Case C-74/05 (1)

(2005/C 296/41)

(Language of the case: French)

By order of 27 April 2005, the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-74/05 Commission of the European
Communities v Grand Duchy of Luxembourg.

(1) OJ C 82, 2.4.2005.