do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.4025 — ATEL/EOSH) Text with EEA relevance
Date: 2006-01-28
Institutions: European Commission
Subjects: economic concentration, electrical energy, energy production, holding company, merger control

28.1.2006

EN

Official Journal of the European Union

C 21/3

Prior notification of a concentration

(Case COMP/M.4025 — ATEL/EOSH)

(2006/C 21/03)

(Text with EEA relevance)

1.
On 20 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 NewCo, resulting from
the restructuring of the undertakings Motor-Columbus AG (‘MC’, Switzerland) and Aare-Tessin AG (‘ATEL’,
Switzerland), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of all the
operational assets and activities of the undertaking EOS Holding (‘EOSH assets’, Switzerland) as well as
specifically identified electricity assets currently belonging to the EDF group (‘EDF Swiss assets’, Switzer-
land) by way of purchase of share and assets.

2.

The business activities of the undertakings concerned are:

— for MC: holding company;

— for ATEL: predominantly generation and wholesale supply of electricity;

— for the EOSH assets: generation and wholesale supply of electricity;

— for the EDF Swiss assets: generation and wholesale supply 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.4025 — ATEL/EOSH, to the following address:

European Commission
Competition DG
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 24, 29.1.2004, p. 1.
Case T-257/05: Order of the Court of First Instance of  7 October 2005  — Deutsche Telekom v OHIM
Date: 2006-01-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), telecommunications industry, trade-mark law

C 22/26

EN

Official Journal of the European Union

28.1.2006

Order of the Court of First Instance of 10 November 2005
— Muller Touw and A&C Braid and Rope v Council

Order of the Court of First Instance of 16 November 2005
— Albert-Bousquet and Others v Commission

(Case T-480/04) (1)

(2006/C 22/50)

Language of the case: Dutch

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

(Joined Cases T-130/05, T-160/05 and T-183/05) (1)

(2006/C 22/52)

Language of the case: French

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

(1) OJ C 57, 5.3.2005.

(1) OJ C 132, 28.5.2005.

Order of the Court of First Instance of 25 November
2005 — Balduini v Commission

(Case T-77/05) (1)

(2006/C 22/51)

Language of the case: Italian

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

(1) OJ C 93, 16.4.2005.

Order of the Court of First Instance of 7 October 2005 —
Deutsche Telekom v OHIM

(Case T-257/05) (1)

(2006/C 22/53)

Language of the case: German

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

(1) OJ C 296, 26.11.2005.
Case T -242/01: Order of the Court of First Instance of  24 November 2005  — Rica Foods v Commission
Date: 2006-01-28
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), cocoa, import, quantitative restriction, sugar industry

28.1.2006

EN

Official Journal of the European Union

C 22/25

Order of the Court of First Instance of 24 November 2005
— Rica Foods v Commission

Order of the Court of First Instance of 22 November 2005
— Siegfried Krahl v Commission

(Case T -242/01) (1)

(2006/C 22/45)

Language of the case: Dutch

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

(1) OJ C 3, 5.1.2002.

(Case T -179/04) (1)

(2006/C 22/48)

Language of the case: French

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

(1) OJ C 201, 7.8.2004.

Order of the Court of First Instance of 18 November 2005
— Fédération de l'hospitalisation privée v Commission

(Case T -397/03) (1)

(2006/C 22/46)

Language of the case: French

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

(1) OJ C 47, 21.2.2004.

Order of the Court of First Instance of 10 November 2005
— Carreira v European Agency for Safety and Health at
Work

Order of the Court of First Instance of 22 November
2005 — Degussa Initiators v Commission

(Case T-104/04) (1)

(2006/C 22/47)

Language of the case: German

(Case T -421/04) (1)

(2006/C 22/49)

Language of the case: French

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

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

(1) OJ C 6, 8.1.2005.

(1) OJ C 118, 30.4.2004.
Non-opposition to a notified concentration (Case COMP/M.2313 — Teka/Finatlantis/Holdivat) Text with EEA relevance
Date: 2006-01-28
Institutions: European Commission
Subjects: economic concentration, industrial enterprise, manufactured goods, merger control, restrictive-practice authorisation

28.1.2006

EN

Official Journal of the European Union

C 21/7

Non-opposition to a notified concentration

(Case COMP/M.2313 — Teka/Finatlantis/Holdivat)

(2006/C 21/05)

(Text with EEA relevance)

On 6 April 2001, 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 Regulation
(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 website (http://europa.eu.int/comm/competition/mergers/cases/). This
website 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 32001M2313. 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.4022 — Belgian State/CVC/Post Danmark/De Post-La Poste)

(2006/C 21/06)

(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 website (http://europa.eu.int/comm/competition/mergers/cases/). This
website 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 32005M4022. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Case C-440/05: Action brought on  8 December 2005  by the Commission of the European Communities against the Council of the European Union
Date: 2006-01-28
Institutions: Court of Justice
Subjects: Council of the European Union, action for annulment (EU), penalty, pollution control measures, pollution from ships

C 22/10

EN

Official Journal of the European Union

28.1.2006

2. In the event that the first question is answered in the affir-
mative, does Article 4 of Directive 2002/21/EC preclude a
national provision which provides that only the undertaking
in respect of which specific obligations are imposed,
amended or withdrawn has the status of a party to market
analysis proceedings?

Action brought on 8 December 2005 by the Commission
of the European Communities against the Council of the
European Union

(Case C-440/05)

(2006/C 22/18)

(Language of the case: French)

An action against the Council of the European Union was
brought before the Court of Justice of the European Commu-
nities on 8 December 2005 by the Commission of the Euro-
pean Communities, represented by W. Bogensberger and R.
Troosters, acting as Agents, with an address for service in
Luxembourg.

The Commission of the European Communities claims that the
Court should:

— declare that Council Framework Decision 2005/667/JHA of
12 July 2005 to strengthen the criminal-law framework for
the enforcement of the law against ship-source pollution (1)
is unlawful;

— annul that framework decision;

— order the Council of the European Union to pay the costs.

Pleas in law and main arguments

Having regard to the Court's functional approach in Case C-
176/03 Commission v Council [2005] ECR I-0000 and also to
the fact that the measures provided for in Articles 1 to 10 of
Framework Decision 2005/667/JHA constitute criminal
law
measures necessary to ensure the efficacy of the common trans-
port policy as developed by Directive 2005/35 EC, (2)
the
the entire Framework Decision
Commission considers that

infringes Article 47 EU, on account of its indivisibility, and is
therefore unlawful.

(1) OJ L 255, 30.09.2005, p. 164.
(2) Directive 2005/35/EC of

the
Council of 7 September 2005 on ship-source pollution and on the
introduction of penalties for infringements, OJ L 255, 30.09.2005,
p. 11.

the European Parliament and of

Removal from the register of Case C-109/05 (1)

(2006/C 22/19)

Language of the case: German

By order of 11 October 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-109/05: Commission of the Euro-
pean Communities v Republic of Austria.

(1) OJ C 132 of 28.5.2005.

Removal from the register of Case C-158/05 (1)

(2006/C 22/20)

Language of the case: German

By order of 7 October 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-158/05: Commission of the Euro-
pean Communities v Federal Republic of Germany.

(1) OJ C of 11.6.2005.
Non-opposition to a notified concentration (Case COMP/M.4022 — Belgian State/CVC/Post Danmark/De Post-La Poste) Text with EEA relevance
Date: 2006-01-28
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, postal and telecommunications services, restrictive-practice authorisation

28.1.2006

EN

Official Journal of the European Union

C 21/7

Non-opposition to a notified concentration

(Case COMP/M.2313 — Teka/Finatlantis/Holdivat)

(2006/C 21/05)

(Text with EEA relevance)

On 6 April 2001, 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 Regulation
(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 website (http://europa.eu.int/comm/competition/mergers/cases/). This
website 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 32001M2313. 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.4022 — Belgian State/CVC/Post Danmark/De Post-La Poste)

(2006/C 21/06)

(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 website (http://europa.eu.int/comm/competition/mergers/cases/). This
website 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 32005M4022. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Removal from the register of Case C-109/05
Date: 2006-01-28
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, metal waste, motor car, waste management

C 22/10

EN

Official Journal of the European Union

28.1.2006

2. In the event that the first question is answered in the affir-
mative, does Article 4 of Directive 2002/21/EC preclude a
national provision which provides that only the undertaking
in respect of which specific obligations are imposed,
amended or withdrawn has the status of a party to market
analysis proceedings?

Action brought on 8 December 2005 by the Commission
of the European Communities against the Council of the
European Union

(Case C-440/05)

(2006/C 22/18)

(Language of the case: French)

An action against the Council of the European Union was
brought before the Court of Justice of the European Commu-
nities on 8 December 2005 by the Commission of the Euro-
pean Communities, represented by W. Bogensberger and R.
Troosters, acting as Agents, with an address for service in
Luxembourg.

The Commission of the European Communities claims that the
Court should:

— declare that Council Framework Decision 2005/667/JHA of
12 July 2005 to strengthen the criminal-law framework for
the enforcement of the law against ship-source pollution (1)
is unlawful;

— annul that framework decision;

— order the Council of the European Union to pay the costs.

Pleas in law and main arguments

Having regard to the Court's functional approach in Case C-
176/03 Commission v Council [2005] ECR I-0000 and also to
the fact that the measures provided for in Articles 1 to 10 of
Framework Decision 2005/667/JHA constitute criminal
law
measures necessary to ensure the efficacy of the common trans-
port policy as developed by Directive 2005/35 EC, (2)
the
the entire Framework Decision
Commission considers that

infringes Article 47 EU, on account of its indivisibility, and is
therefore unlawful.

(1) OJ L 255, 30.09.2005, p. 164.
(2) Directive 2005/35/EC of

the
Council of 7 September 2005 on ship-source pollution and on the
introduction of penalties for infringements, OJ L 255, 30.09.2005,
p. 11.

the European Parliament and of

Removal from the register of Case C-109/05 (1)

(2006/C 22/19)

Language of the case: German

By order of 11 October 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-109/05: Commission of the Euro-
pean Communities v Republic of Austria.

(1) OJ C 132 of 28.5.2005.

Removal from the register of Case C-158/05 (1)

(2006/C 22/20)

Language of the case: German

By order of 7 October 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-158/05: Commission of the Euro-
pean Communities v Federal Republic of Germany.

(1) OJ C of 11.6.2005.