do-me/EUR-LEX huggingface dataset:
Removal from the register of Case C-147/05
Date: 2006-02-11
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, water protection

11.2.2006

EN

Official Journal of the European Union

C 36/27

2. order the Italian Republic to pay the costs.

Removal from the register of Case C-147/05 (1)

Pleas in law and main arguments

The period for implementing the directive expired on 12 April
2004.

(1) OJ L 325, 12.12.2003, p. 31.
(2) OJ L 224, 18.8.1990, p. 19.
(3) OJ L 62, 15.3.1993, p. 38.

(2006/C 36/56)

Language of the case: Dutch

By order of 14 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-147/05: Commission of the Euro-
pean Communities v Kingdom of the Netherlands.

(1) OJ C 143, 11.6.2005.

Removal from the register of Case C-541/03 (1)

(2006/C 36/54)

(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-541/03 (Reference for a preliminary
ruling from the Oberster Gerichtshof): Lambert Roodbeen v
Republic of Austria.

(1) OJ C 59, 06.03.2004.

Removal from the register of Case C-153/05 (1)

(2006/C 36/57)

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-153/05: Commission of the Euro-
pean Communities v Republic of Austria.

(1) OJ C 143 of 11.6.2005.

Removal from the register of Case C-67/04 (1)

(2006/C 36/55)

Language of the case: Greek

By order of 10 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-67/04: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ C 94 of 17.4.2004.

Removal from the register of Case C-204/05 (1)

(2006/C 36/58)

Language of the case: French

By order of 17 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-204/05: Commission of the Euro-
pean Communities v Kingdom of Belgium.

(1) OJ C 171, 09.07.2005.
Euro exchange rates
Date: 2006-02-11
Institutions: European Commission
Subjects: euro, exchange rate

C 35/4

EN

Official Journal of the European Union

11.2.2006

COMMISSION

Euro exchange rates (1)

10 February 2006

(2006/C 35/02)

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

1,1970

140,77

7,4649

0,68390

9,2623

1,5551

75,74

8,0755

1,9558

0,5743

28,263

15,6466

250,69

3,4528

0,6961

0,4293

3,7774

3,5403

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

239,50

37,465

1,5883

1,6140

1,3755

9,2875

1,7544

1,9457

KRW South Korean won

1 158,46

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

7,3173

9,6378

7,3295

Indonesian rupiah

11 048,31

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,458

61,586

33,8350

46,904

(1) Source:

reference exchange rate published by the ECB.
Case T-426/04: Order of the Court of First Instance of  21 November 2004  — Tramarin v Commission (Action for annulment — Admissibility — State aid — Commission request to amend a notified aid scheme — Actionable measure — Measure having legal effect — Time-limit — Point from which time starts to run — Summary publication in the Official Journal — Internet site)
Date: 2006-02-11
Institutions: Court of First Instance
Subjects: European Commission, Italy, State aid, action for annulment (EU), control of State aid, exchange of information, regional aid

11.2.2006

EN

Official Journal of the European Union

C 36/31

Order of the Court of First Instance of 16 November
2005 — Deutsche Post and Securicor Omega Express v
Commission

Order of the Court of First Instance of 21 November 2004
— Tramarin v Commission

(Case T-343/03) (1)

(Case T-426/04) (1)

(State aid — Article 88(3) EC — Action for annulment —
Admissibility — Complaint — Rejection — Lack of subject
matter)

(Action for annulment — Admissibility — State aid —
Commission request
to amend a notified aid scheme —
Actionable measure — Measure having legal effect — Time-
limit — Point from which time starts to run — Summary
publication in the Official Journal — Internet site)

(2006/C 36/66)

Language of the case: German

(2006/C 36/67)

Language of the case: Italian

Parties

Applicant: Deutsche Post AG (Bonn, Germany) and Securicor
Omega Express (Sutton, Surrey, United Kingdom) (represented
by: T. Lübbig, lawyer)

Parties

Defendant: Commission of the European Communities (repre-
sented by: V. Kreuschitz, N. Khan and M. Niejahr, Agents)

Party intervening in support of the defendant: United Kingdom of
Great Britain and Northern Ireland (represented by: M. Bethell,
Agent)

Applicant: Tramarin Snc di Tramarin Andrea
(Montagnana, Italy) (represented by: M. Calabrese, lawyer)

e Sergio

Defendant: Commission of the European Communities (repre-
sented by: V. Di Bucci, Agent)

Application for

Application for

Annulment of Commission Decision C (2003) 1652 final of 27
May 2003, which states that the measures which the United
Kingdom authorities propose to adopt for Post Office Ltd are
compatible with the common market (State aid N 784/2002)

Annulment, first, of a Commission letter requesting the Italian
authorities to amend an aid project notified and, second, of the
decision of the Commission of 12 July 2000 declaring compa-
tible with the common market an aid scheme for investment in
depressed regions of Italy (State aid N 715/99 — (SG 2000 D/
105754)

Operative part of the Order

1. The action is dismissed as inadmissible.

2. Each party shall bear its own costs.

Operative part of the Order

1. The application is dismissed as inadmissible.

3. The United Kingdom of Great Britain and Northern Ireland shall

bear its own costs of intervention.

2. The applicant shall pay its own costs in addition to those of the

Commission.

(1) OJ C 7, 10.1.2004.

(1) OJ C 314, 18.12.2004.
Removal from the register of Case C-67/04
Date: 2006-02-11
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, air quality, combustion gases, environmental protection, industrial pollution, pollution control, public health

11.2.2006

EN

Official Journal of the European Union

C 36/27

2. order the Italian Republic to pay the costs.

Removal from the register of Case C-147/05 (1)

Pleas in law and main arguments

The period for implementing the directive expired on 12 April
2004.

(1) OJ L 325, 12.12.2003, p. 31.
(2) OJ L 224, 18.8.1990, p. 19.
(3) OJ L 62, 15.3.1993, p. 38.

(2006/C 36/56)

Language of the case: Dutch

By order of 14 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-147/05: Commission of the Euro-
pean Communities v Kingdom of the Netherlands.

(1) OJ C 143, 11.6.2005.

Removal from the register of Case C-541/03 (1)

(2006/C 36/54)

(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-541/03 (Reference for a preliminary
ruling from the Oberster Gerichtshof): Lambert Roodbeen v
Republic of Austria.

(1) OJ C 59, 06.03.2004.

Removal from the register of Case C-153/05 (1)

(2006/C 36/57)

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-153/05: Commission of the Euro-
pean Communities v Republic of Austria.

(1) OJ C 143 of 11.6.2005.

Removal from the register of Case C-67/04 (1)

(2006/C 36/55)

Language of the case: Greek

By order of 10 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-67/04: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ C 94 of 17.4.2004.

Removal from the register of Case C-204/05 (1)

(2006/C 36/58)

Language of the case: French

By order of 17 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-204/05: Commission of the Euro-
pean Communities v Kingdom of Belgium.

(1) OJ C 171, 09.07.2005.
Case T-33/02: Judgment of the Court of First Instance of  29 November 2005  — Britannia Alloys & Chemicals Ltd v Commission (Competition — Article 81 EC — Cartel — Zinc phosphate market — Fine — Article 15(2) of Regulation No 17 — Relevant turnover — Action for annulment)
Date: 2006-02-11
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), chemical industry, fine, unlawful agreement

C 36/28

EN

Official Journal of the European Union

11.2.2006

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 29 November
2005 — Britannia Alloys & Chemicals Ltd v Commission

Judgment of the Court of First Instance of 6 December
2005 — Brouwerij Haacht v Commission

(Case T-33/02) (1)

(Case T-48/02) (1)

(Competition — Article 81 EC — Cartel — Zinc phosphate
market — Fine — Article 15(2) of Regulation No 17 —
Relevant turnover — Action for annulment)

(Competition — Cartels — Fines — Guidelines on the
method of setting fines — Effective capacity of the offender
to cause significant damage to other operators — Attenu-
ating circumstances — Leniency Notice)

(2006/C 36/59)

Language of the case: English

(2006/C 36/60)

Language of the case: Dutch

Parties

Parties

Applicant(s): Britannia Alloys & Chemicals Ltd (Gravesend,
United Kingdom) (represented by: S. Mobley, H. Bardell and M.
Commons, Solicitors)

Defendant(s): Commission of the European Communities (repre-
sented by: R. Wainwright and F. Castillo de la Torre, Agents)

Applicant: Brouwerij Haacht NV (Boortmeerbeek, Belgium)
(represented by: Y. van Gerven, F. Louis and H. Viaene,
lawyers)

Defendant: Commission of the European Communities (repre-
sented by: A. Bouquet and W. Wils, Agents)

Application for

Application for

partial annulment of Commission Decision 2003/437/EC
relating to a proceeding under Article 81 of the EC Treaty and
Article 53 of the EEA Agreement (Case COMP/E-1/37.027 —
Zinc phosphate) (OJ 2003 L 153, p. 1) and, in the alternative,
for reduction of the amount of the fine imposed on the appli-
cant

annulment of, and in the alternative for a reduction in the fine
imposed on the applicant by, Article 4 of Commission Decision
2003/569/EC of 5 December 2001 relating to a proceeding
under Article 81 of the EC Treaty (Case IV/37.614/F3 PO/Inter-
brew and Alken-Maes) (OJ 2003 L 200, p. 1)

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1) Dismisses the application;

1) Dismisses the application;

2) Orders the applicant to pay the costs.

2) Orders the applicant to pay the costs.

(1) OJ C 109, 4.5.2002.

(1) OJ C 109, 4.5.2002.
Removal from the register of Case C-204/05
Date: 2006-02-11
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, distributive trades, medical device, supply

11.2.2006

EN

Official Journal of the European Union

C 36/27

2. order the Italian Republic to pay the costs.

Removal from the register of Case C-147/05 (1)

Pleas in law and main arguments

The period for implementing the directive expired on 12 April
2004.

(1) OJ L 325, 12.12.2003, p. 31.
(2) OJ L 224, 18.8.1990, p. 19.
(3) OJ L 62, 15.3.1993, p. 38.

(2006/C 36/56)

Language of the case: Dutch

By order of 14 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-147/05: Commission of the Euro-
pean Communities v Kingdom of the Netherlands.

(1) OJ C 143, 11.6.2005.

Removal from the register of Case C-541/03 (1)

(2006/C 36/54)

(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-541/03 (Reference for a preliminary
ruling from the Oberster Gerichtshof): Lambert Roodbeen v
Republic of Austria.

(1) OJ C 59, 06.03.2004.

Removal from the register of Case C-153/05 (1)

(2006/C 36/57)

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-153/05: Commission of the Euro-
pean Communities v Republic of Austria.

(1) OJ C 143 of 11.6.2005.

Removal from the register of Case C-67/04 (1)

(2006/C 36/55)

Language of the case: Greek

By order of 10 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-67/04: Commission of the Euro-
pean Communities v Hellenic Republic.

(1) OJ C 94 of 17.4.2004.

Removal from the register of Case C-204/05 (1)

(2006/C 36/58)

Language of the case: French

By order of 17 November 2005, the President of the Court of
Justice of the European Communities has ordered the removal
from the register of Case C-204/05: Commission of the Euro-
pean Communities v Kingdom of Belgium.

(1) OJ C 171, 09.07.2005.
Case T-343/03: Order of the Court of First Instance of  16 November 2005  — Deutsche Post and Securicor Omega Express v Commission (State aid — Article 88(3) EC — Action for annulment — Admissibility — Complaint — Rejection — Lack of subject matter)
Date: 2006-02-11
Institutions: Court of First Instance
Subjects: European Commission, State aid, action for annulment (EU), postal service

11.2.2006

EN

Official Journal of the European Union

C 36/31

Order of the Court of First Instance of 16 November
2005 — Deutsche Post and Securicor Omega Express v
Commission

Order of the Court of First Instance of 21 November 2004
— Tramarin v Commission

(Case T-343/03) (1)

(Case T-426/04) (1)

(State aid — Article 88(3) EC — Action for annulment —
Admissibility — Complaint — Rejection — Lack of subject
matter)

(Action for annulment — Admissibility — State aid —
Commission request
to amend a notified aid scheme —
Actionable measure — Measure having legal effect — Time-
limit — Point from which time starts to run — Summary
publication in the Official Journal — Internet site)

(2006/C 36/66)

Language of the case: German

(2006/C 36/67)

Language of the case: Italian

Parties

Applicant: Deutsche Post AG (Bonn, Germany) and Securicor
Omega Express (Sutton, Surrey, United Kingdom) (represented
by: T. Lübbig, lawyer)

Parties

Defendant: Commission of the European Communities (repre-
sented by: V. Kreuschitz, N. Khan and M. Niejahr, Agents)

Party intervening in support of the defendant: United Kingdom of
Great Britain and Northern Ireland (represented by: M. Bethell,
Agent)

Applicant: Tramarin Snc di Tramarin Andrea
(Montagnana, Italy) (represented by: M. Calabrese, lawyer)

e Sergio

Defendant: Commission of the European Communities (repre-
sented by: V. Di Bucci, Agent)

Application for

Application for

Annulment of Commission Decision C (2003) 1652 final of 27
May 2003, which states that the measures which the United
Kingdom authorities propose to adopt for Post Office Ltd are
compatible with the common market (State aid N 784/2002)

Annulment, first, of a Commission letter requesting the Italian
authorities to amend an aid project notified and, second, of the
decision of the Commission of 12 July 2000 declaring compa-
tible with the common market an aid scheme for investment in
depressed regions of Italy (State aid N 715/99 — (SG 2000 D/
105754)

Operative part of the Order

1. The action is dismissed as inadmissible.

2. Each party shall bear its own costs.

Operative part of the Order

1. The application is dismissed as inadmissible.

3. The United Kingdom of Great Britain and Northern Ireland shall

bear its own costs of intervention.

2. The applicant shall pay its own costs in addition to those of the

Commission.

(1) OJ C 7, 10.1.2004.

(1) OJ C 314, 18.12.2004.
Prior notification of a concentration (Case COMP/M.4009 — CIMC/BURG) Text with EEA relevance
Date: 2006-02-11
Institutions: European Commission
Subjects: container, economic concentration, merger control, metalwork

C 35/14

EN

Official Journal of the European Union

11.2.2006

Prior notification of a concentration

(Case COMP/M.4009 — CIMC/BURG)

(2006/C 35/04)

(Text with EEA relevance)

1.
On 6 February 2006, 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 the undertaking China International Marine Containers CO., Ltd. (‘CIMC’, China) acquires within
the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Burg
Industries B.V. (‘BURG’, The Netherlands) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— CIMC: manufacture and sale of marine containers (among which marine tank containers), trailers and

airport equipment;

— BURG: manufacture and sale of marine tank containers, storage tanks and trailers.

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.4009 — CIMC/BURG, 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-361/03: Judgment of the Court of First Instance of  30 November 2005  — Vanlangendonck v Commission (Officials — Open competition — Non-inclusion on the reserve list — Infringement of the competition notice — Equality of treatment)
Date: 2006-02-11
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), competition (EU), discrimination on the basis of nationality, equal treatment

C 36/30

EN

Official Journal of the European Union

11.2.2006

Application for

partial annulment of Commission Decision 2003/437/EC of
11 December 2001 relating to a proceeding under Article 81
of the EC Treaty and Article 53 of the EEA Agreement (Case
COMP/E-1/37.027 — Zinc phosphate) (OJ 2003 L 153, p. 1)
and, in the alternative, for reduction of the amount of the fine
imposed on the applicant

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders the applicant to pay the costs.

(1) OJ C 144, 15.6.2002.

Judgment of the Court of First Instance of 30 November
2005 — Almdudler-Limonade v OHIM

(Case T-12/04) (1)

(Community trade mark — Three-dimensional mark —
Shape of a lemonade bottle — Refusal to register — Article
7(1)(b) of Regulation (EC) No 40/94)

(2006/C 36/65)

Language of the case: German

Parties

Judgment of the Court of First Instance of 30 November
2005 — Vanlangendonck v Commission

Applicant: Almdudler-Limonade A. & S. Klein (Vienna, Austria)
(represented by: G. Schönherr, lawyer)

(Case T-361/03) (1)

(Officials — Open competition — Non-inclusion on the
reserve list — Infringement of the competition notice —
Equality of treatment)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: G. Schneider,
Agent)

(2006/C 36/64)

Language of the case: French

Action

Parties

Applicant(s):
(represented by: B. Laurent, lawyer)

Philippe Vanlangendonck (Overijse, Belgium)

Defendant(s): Commission of the European Communities (repre-
sented by: J. Currall, Agent)

Application for

Annulment of the decision of the selection board in competi-
tion COM/A/10/01 not to include the applicant on the reserve
list of that competition and for damages

Operative part of the judgment

The Court:

1) Dismisses the application;

2) Orders each party to bear its own costs.

(1) OJ C 7, 10.1.2004.

brought against the decision of the Second Chamber of the
Board of Appeal of OHIM of 5 November 2003 (Case R
490/2003-2) in relation to the registration of a three-dimen-
sional mark in the shape of a lemonade bottle

Operative part of the judgment

The Court:

1. Dismisses the application;

2. Orders the applicant to pay the costs.

(1) OJ C 106, 30.4.2004.
Notice of the expiry of certain anti-dumping measures
Date: 2006-02-11
Institutions: European Commission
Subjects: China, anti-dumping legislation, chemical industry, chemical salt

11.2.2006

EN

Official Journal of the European Union

C 35/15

Notice of the expiry of certain anti-dumping measures

(2006/C 35/05)

Further to the publication of a notice of impending expiry (1), following which no request for a review was
received, the Commission gives notice that the anti-dumping measures mentioned below will shortly
expire.

This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 384/96 of 22
December 1995 (2) on protection against dumped imports from countries not members of the European
Community.

Product

Country(ies) of origin
or exportation

Potassium perman-
ganate

People's Republic
of China

Measures

Reference

Date of expiry

Anti-dumping duty Council

Regulation

(EC) No
299/2001 (OJ L 44, 15.2.2001, p.
4) as last amended by Regulation
(EC) No 152/2003 (OJ L 25,
30.1.2003, p. 21)

16.2.2006

(1) OJ C 110, 5.5.2005, p. 15.
(2) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 2117/2005 (OJ L 340,

23.12.2005, p. 17).