do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.4038 — PAI/SSK (Specialty Chemicals)) Text with EEA relevance
Date: 2006-01-17
Institutions: European Commission
Subjects: chemical industry, economic concentration, investment company, merger control, restrictive-practice authorisation

C 11/8

EN

Official Journal of the European Union

17.1.2006

Non-opposition to a notified concentration

(Case COMP/M.4038 — PAI/SSK (Specialty Chemicals))

(2006/C 11/05)

(Text with EEA relevance)

On 15 December 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 32005M4038. 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.4029 — Kuehne + Nagel/ACR Logistics)

(2006/C 11/06)

(Text with EEA relevance)

On 21 December 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 32005M4029. 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.3935 — Jefferson Smurfit/Kappa) Text with EEA relevance
Date: 2006-01-17
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, pulp and paper industry, restrictive-practice authorisation

17.1.2006

EN

Official Journal of the European Union

C 11/11

Non-opposition to a notified concentration

(Case COMP/M.3935 — Jefferson Smurfit/Kappa)

(2006/C 11/11)

(Text with EEA relevance)

On 10 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(2) 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 32005M3935. 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.3982 — Technip/Subsea 7/Asia Pacific JV)

(2006/C 11/12)

(Text with EEA relevance)

On 19 December 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 32005M3982. 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.3982 — Technip/Subsea 7/Asia Pacific JV) Text with EEA relevance
Date: 2006-01-17
Institutions: European Commission
Subjects: economic concentration, gas industry, merger control, oil industry, restrictive-practice authorisation, services company

17.1.2006

EN

Official Journal of the European Union

C 11/11

Non-opposition to a notified concentration

(Case COMP/M.3935 — Jefferson Smurfit/Kappa)

(2006/C 11/11)

(Text with EEA relevance)

On 10 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(2) 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 32005M3935. 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.3982 — Technip/Subsea 7/Asia Pacific JV)

(2006/C 11/12)

(Text with EEA relevance)

On 19 December 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 32005M3982. 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.4064 — Montagu/BSN Medical) — Candidate case for simplified procedure Text with EEA relevance
Date: 2006-01-17
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment, management, merger control, pharmaceutical product

C 11/2

EN

Official Journal of the European Union

17.1.2006

Prior notification of a concentration

(Case COMP/M.4064 — Montagu/BSN Medical)

Candidate case for simplified procedure

(2006/C 11/02)

(Text with EEA relevance)

1.
On 9 January 2006, 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 Montagu Private Equity
Ltd (‘MPE’, UK), through several managed funds, acquires within the meaning of Article 3(1)(b) of the
Council Regulation control of the whole of the undertaking BSN Medical GmbH & Co. KG (‘BSN’,
Germany) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for MPE: management of private equity funds,

— for BSN: production of professional medical products.

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.4064 — Montagu/BSN Medical, to the following address:

European Commission
Competition DG
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.
Non-opposition to a notified concentration (Case COMP/M.4029 — Kuehne + Nagel/ACR Logistics) Text with EEA relevance
Date: 2006-01-17
Institutions: European Commission
Subjects: economic concentration, merger control, restrictive-practice authorisation, services company

C 11/8

EN

Official Journal of the European Union

17.1.2006

Non-opposition to a notified concentration

(Case COMP/M.4038 — PAI/SSK (Specialty Chemicals))

(2006/C 11/05)

(Text with EEA relevance)

On 15 December 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 32005M4038. 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.4029 — Kuehne + Nagel/ACR Logistics)

(2006/C 11/06)

(Text with EEA relevance)

On 21 December 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 32005M4029. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Judgment of the Court of  17 January 2006  in Case E-4/05: HOB-vín and The Icelandic State and Áfengis- og tóbaksverslun ríkisins (the State Alcohol and Tobacco Company of Iceland)  (Free movement of goods — State monopolies of a commercial character — requirements to supply goods on pallets and to include the pallet price in the price of the goods — discrimination against importers of alcoholic beverages — abuse of a dominant position)
Date: 2006-01-17
Institutions: EFTA Court
Subjects: EFTA Court, Iceland, alcoholic beverage, exclusive distribution agreement, packaging, retail selling, supplier

27.4.2006

EN

Official Journal of the European Union

C 100/3

EFTA COURT

JUDGMENT OF THE COURT

of 17 January 2006

in Case E-4/05: HOB-vín and The Icelandic State and Áfengis- og tóbaksverslun ríkisins (the State
Alcohol and Tobacco Company of Iceland)

(Free movement of goods — State monopolies of a commercial character — requirements to supply goods on pallets
and to include the pallet price in the price of the goods — discrimination against importers of alcoholic beverages —
abuse of a dominant position)

(2006/C 100/03)

In Case E-4/05 between HOV-vín and Áfengis- og tóbaksverslun ríkisins — REQUEST to the Court by
Héraðsdómur Reykjavíkur (Reykjavík District Court), on the interpretation of Articles 11, 16, 57 and 59
EEA, the Court, composed of Carl Baudenbacher, President and Judge-Rapporteur, Henrik Bull and Thor-
geir Örlygsson, Judges, gave judgment on 17 January 2006, the operative part of which is as follows:

1. Article 16 of the Agreement on the European Economic Area does not prevent a State enterprise,
which holds the exclusive right to the retail sale of alcoholic beverages, from demanding that its
suppliers deliver to the enterprise alcoholic beverages for retail sale on a specific type of pallet (EUR
pallet), and furthermore that the price of the pallet be included in the product price, unless the national
court finds, based on the facts before it, that as part of the policy of the monopoly or of its outlets or
as a consequence of failure to enforce the monopoly's rules, importers are in fact treated differently
from domestic producers.

2. Articles 59(1) and 54 of the Agreement on the European Economic Area do not prohibit a State enter-
prise, which holds the exclusive right to the retail sale of alcoholic beverages, from requiring that its
suppliers deliver to the enterprise alcoholic beverages for retail sale on a specific type of pallet (EUR
pallet), and that the price of the pallet be included in the product price, unless the national court finds
that such requirements negatively affect competition.
Non-opposition to a notified concentration (Case COMP/M.4056 — Hochtief Airport/CDPQ/Budapest Airport) Text with EEA relevance
Date: 2006-01-17
Institutions: European Commission
Subjects: airport, economic concentration, investment company, merger control, restrictive-practice authorisation, transport company

17.1.2006

EN

Official Journal of the European Union

C 11/13

Non-opposition to a notified concentration

(Case COMP/M.4056 — Hochtief Airport/CDPQ/Budapest Airport)

(2006/C 11/15)

(Text with EEA relevance)

On 21 December 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 32005M4056. 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.4005 — Ineos/Innovene) Text with EEA relevance
Date: 2006-01-17
Institutions: European Commission
Subjects: chemical industry, economic concentration, merger control, restrictive-practice authorisation

C 11/10

EN

Official Journal of the European Union

17.1.2006

Non-opposition to a notified concentration

(Case COMP/M.4040 — KKR/FL Selenia)

(2006/C 11/09)

(Text with EEA relevance)

On 19 December 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 32005M4040. 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.4005 — Ineos/Innovene)

(2006/C 11/10)

(Text with EEA relevance)

On 9 December 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 32005M4005. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)