do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M. 4131 — Bain Capital/Texas Instruments) — Candidate case for simplified procedure Text with EEA relevance
Date: 2006-02-25
Institutions: European Commission
Subjects: economic concentration, electronics industry, investment company, merger control

C 47/26

EN

Official Journal of the European Union

25.2.2006

Prior notification of a concentration

(Case COMP/M. 4131 — Bain Capital/Texas Instruments)

Candidate case for simplified procedure

(2006/C 47/11)

(Text with EEA relevance)

1.
On 20 February 2006, the Commission received a notification of a proposed concentration pursuant
to Article 4 of Council Regulation (EC) No 139/2004 (1), by which Bain Capital Investors, LLC (‘Bain’, USA)
acquires, within the meaning of Article 3(1)(b) of the Council Regulation, sole control over the sensors and
controls businesses of Texas Instruments Inc. (USA) by way of purchase of shares and assets.

2.

The business activities of the undertakings concerned are:

— for Bain: private equity investment;

— for sensors and controls businesses of Texas Instruments Inc.: sensors and controls.

3.
On preliminary examination, the Commission finds that the notified concentration 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.4131 — Bain/Texas Instruments 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.
Prior notification of a concentration (Case COMP/M.4157 — Wendel Investissement/Groupe Materis) Text with EEA relevance
Date: 2006-02-25
Institutions: European Commission
Subjects: building industry, economic concentration, holding company, merger control

C 47/24

EN

Official Journal of the European Union

25.2.2006

Prior notification of a concentration

(Case COMP/M.4157 — Wendel Investissement/Groupe Materis)

(2006/C 47/09)

(Text with EEA relevance)

1.
On 17 February 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 Wendel Investissement
SA (Wendel, France) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of
the whole of Materis Holding Luxemburg SA including its subsidiaries (Materis, Luxemburg) by way of
purchase of shares.

2.

The business activities of the undertakings concerned are:

— Wendel: Holding company in particular active in the control and certification of products and processes

through its subsidiary Bureau Veritas;

— Materis: products for the construction industry.

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,
to the following
under reference number COMP/M.4157 — Wendel
address:

Investissement/Groupe Materis,

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

(1) OJ L 24, 29.1.2004, p. 1.
Judgment of the Court (First Chamber) of  15 December 2005  in Case C-86/03: Hellenic Republic v Commission of the European Communities (Action for annulment — Commission's refusal to authorise the use of heavy fuel oils with a maximum sulphur content of 3 % by mass in part of Greek territory — Directive 1999/32/EC — Sulphur content of certain combustible liquids)
Date: 2006-02-25
Institutions: Court of Justice
Subjects: European Commission, Greece, action for annulment (EU), air quality, derogation from EU law, environmental protection, fuel oil, pollution control

25.2.2006

EN

Official Journal of the European Union

C 48/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 15 December 2005

(First Chamber)

of 15 December 2005

in Case C-66/02: Italian Republic v Commission of the
European Communities (1)

(Application for annulment — State aid — Decision
2002/581/EC — Tax advantages granted to banks — State-
ment of reasons for a decision — Categorisation as State aid
— Conditions — Compatibility with the common market —
common European
Conditions — Important project of

interest — Development of certain activities)

(2006/C 48/01)

(Language of the case: Italian)

In Case C-66/02, Italian Republic (Agents: initially U. Leanza,
and subsequently I. M. Braguglia; Lawyer: M. Fiorilli) v
Commission of
the European Communities (Agents: V. Di
Bucci and R. Lyal) — action for annulment under Article 230
EC, brought on 21 February 2002 — the Court
(Second
Chamber), composed of C. W. A. Timmermans, President of
the Chamber, C. Gulmann (Rapporteur), R. Schintgen, G.
Arestis and J. Klučka, Judges; C. Stix-Hackl, Advocate General;
M. Ferreira, Principal Administrator, for the Registrar, gave a
judgment on 15 December 2005, in which it:

1. Dismisses the action;

in Case C-86/03: Hellenic Republic v Commission of the
European Communities (1)

(Action for annulment — Commission's refusal to authorise
the use of heavy fuel oils with a maximum sulphur content of
3 % by mass in part of Greek territory — Directive
1999/32/EC — Sulphur content of certain combustible
liquids)

(2006/C 48/02)

(Language of the case: Greek)

by:

Council

In Case C-86/03 Hellenic Republic (Agent: P. Mylonopoulos
and A. Samoni-Rantou) v Commission of
the European
Communities (Agent: M. Konstantinidis and G. Valero Jordana)
Union
of
supported
(Agents: Kyriakopoulou and B. Hoff-Nielsen) — action for
annulment under Article 230 EC, brought on 26 February
2003, — the Court (First Chamber), composed of P. Jann, Presi-
dent of
J.N. Cunha Rodrigues
(Rapporteur), M. Ilešič and E. Levits, Judges; A. Tizzano, Advo-
cate General; H. von Holstein, Deputy Registrar, gave a judg-
ment on 15 December 2005, in which it:

the Chamber, N. Colneric,

European

the

1 Dismisses the action;

2. Orders the Hellenic Republic to pay the costs;

2. Orders the Italian Republic to pay the costs.

3 Orders the Council of the European Union to bear its own costs.

(1) OJ C 109 of 04.05.2002.

(1) OJ C 112 of 10.05.2003.
Prior notification of a concentration (Case COMP/M.4104 — Aker Yards/Chantiers de l'Atlantique) Text with EEA relevance
Date: 2006-02-25
Institutions: European Commission
Subjects: economic concentration, merger control, shipbuilding

25.2.2006

EN

Official Journal of the European Union

C 47/25

Prior notification of a concentration

(Case COMP/M.4104 — Aker Yards/Chantiers de l'Atlantique)

(2006/C 47/10)

(Text with EEA relevance)

1.
On 20 February 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 Aker Yards France
Holding AS, wholly-owned by Aker Yards ASA (‘Aker Yards’), which is controlled by the Norwegian group
Aker ASA (‘Aker ASA’), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of
most of the assets and activities of the French undertaking Chantiers de l'Atlantique, a wholly owned
subsidiary of Alstom Holdings, in turn a wholly owned subsidiary of Alstom SA (France), by way of
purchase of shares in a newly created company.

2.

The business activities of the undertakings concerned are:

— for Aker Yards: international shipbuilding group focusing on sophisticated vessels, including cruise

ships and ferries;

— for Aker ASA: industrial group with wide-spread activities around the world, active in the shipbuilding

industry through Aker Yards and Aker American Shipping;

— for Chantiers de l'Atlantique: French shipyard focusing on high value-added shipbuilding, including
construction of cruise ships, LNG tankers and naval ships. Through its subsidiary AMR it is also
involved in the manufacturing of mobile homes and casing sheets for industrial machines.

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.4104 — Aker Yards/Chantiers de l'Atlantique, to the following address:

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

(1) OJ L 24, 29.1.2004, p. 1.
Euro exchange rates
Date: 2006-02-25
Institutions: European Commission
Subjects: euro, exchange rate

25.2.2006

EN

Official Journal of the European Union

C 47/1

I

(Information)

COMMISSION

Euro exchange rates (1)

24 February 2006

(2006/C 47/01)

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

1,1896

139,11

7,4604

0,68030

9,4200

1,5602

78,82

8,0465

1,9558

0,5747

28,360

15,6466

252,77

3,4528

0,6960

0,4293

3,7850

3,5053

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

239,49

37,285

1,5724

1,6062

1,3715

9,2302

1,7949

1,9323

KRW South Korean won

1 149,63

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

7,2830

9,5682

7,3098

Indonesian rupiah

11 054,36

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,419

62,038

33,5320

46,852

(1) Source:

reference exchange rate published by the ECB.
Case T-169/04: Judgment of the Court of First Instance of  14 December 2005  — Arysta Lifescience v OHIM (Community trade mark — Opposition proceedings — Application for the Community word mark CARPOVIRUSINE — Former national word mark CARPO — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94)
Date: 2006-02-25
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), insecticide, trade-mark law

25.2.2006

EN

Official Journal of the European Union

C 48/29

2) Dismisses the remainder of the application.

Judgment of the Court of First Instance of 14 December
2005 — Arysta Lifescience v OHIM

3) Orders the applicant, the Parliament and the Kingdom of Spain

to bear their own costs.

(Case T-169/04) (1)

(1) OJ C 168, 26.6.2004.

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark CARPOVIRUSINE —
Former national word mark CARPO — Likelihood of confu-
sion — Article 8(1)(b) of Regulation (EC) No 40/94)

(2006/C 48/55)

Language of the case: French

Judgment of the Court of First Instance of 15 December
2005 — Bauwens v Commission

(Case T-154/04) (1)

(Officials — Career development
report — 2001/2002
appraisal exercise — Article 7 of the General Implementing
Provisions — Deadline for submission of an application to
refer a matter to the Joint Evaluation Committee — Suspen-
sion)

Parties

(2006/C 48/54)

Language of the case: French

Parties

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

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and H. Tserepa-Lacombe, Agents)

Application for

Annulment of the counter-signing officer's decision of 15 July
2003 not to refer a matter to the Joint Evaluation Committee
in the course of the procedure for the drawing-up of the appli-
cant's career development report under Article 7 of the General
Provisions Implementing Article 43 of the Staff Regulations of
officials of the European Communities

Operative part of the judgment

The Court:

1. Annuls the counter-signing officer's decision of 15 July 2003 not

to refer the matter to the Joint Evaluation Committee;

2. Orders the Commission to pay the costs.

(1) OJ C 168, 26.6.2004.

Applicant: Arysta Lifescience SAS,
(Noguères, France) (represented by: S. Legrand, lawyer)

formally Calliope SAS

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

Other party to the proceedings before the Board of Appeal of OHIM:
BASF AG (Ludwigshafen am Rhein, Germany)

Action

brought against the decision of the First Board of Appeal of
OHIM of 4 March 2004 (Case R 289/2003-1) relating to the
opposition proceedings between Calliope SAS and BASF AG

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 179 of 10.7.2004.
Case T-154/04: Judgment of the Court of First Instance of  15 December 2005  — Bauwens v Commission (Officials — Career development report — 2001/2002 appraisal exercise — Article 7 of the General Implementing Provisions — Deadline for submission of an application to refer a matter to the Joint Evaluation Committee — Suspension)
Date: 2006-02-25
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), professional career, regulations for civil servants, staff assessment

25.2.2006

EN

Official Journal of the European Union

C 48/29

2) Dismisses the remainder of the application.

Judgment of the Court of First Instance of 14 December
2005 — Arysta Lifescience v OHIM

3) Orders the applicant, the Parliament and the Kingdom of Spain

to bear their own costs.

(Case T-169/04) (1)

(1) OJ C 168, 26.6.2004.

(Community trade mark — Opposition proceedings — Appli-
cation for the Community word mark CARPOVIRUSINE —
Former national word mark CARPO — Likelihood of confu-
sion — Article 8(1)(b) of Regulation (EC) No 40/94)

(2006/C 48/55)

Language of the case: French

Judgment of the Court of First Instance of 15 December
2005 — Bauwens v Commission

(Case T-154/04) (1)

(Officials — Career development
report — 2001/2002
appraisal exercise — Article 7 of the General Implementing
Provisions — Deadline for submission of an application to
refer a matter to the Joint Evaluation Committee — Suspen-
sion)

Parties

(2006/C 48/54)

Language of the case: French

Parties

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

Defendant: Commission of the European Communities (repre-
sented by: C. Berardis-Kayser and H. Tserepa-Lacombe, Agents)

Application for

Annulment of the counter-signing officer's decision of 15 July
2003 not to refer a matter to the Joint Evaluation Committee
in the course of the procedure for the drawing-up of the appli-
cant's career development report under Article 7 of the General
Provisions Implementing Article 43 of the Staff Regulations of
officials of the European Communities

Operative part of the judgment

The Court:

1. Annuls the counter-signing officer's decision of 15 July 2003 not

to refer the matter to the Joint Evaluation Committee;

2. Orders the Commission to pay the costs.

(1) OJ C 168, 26.6.2004.

Applicant: Arysta Lifescience SAS,
(Noguères, France) (represented by: S. Legrand, lawyer)

formally Calliope SAS

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

Other party to the proceedings before the Board of Appeal of OHIM:
BASF AG (Ludwigshafen am Rhein, Germany)

Action

brought against the decision of the First Board of Appeal of
OHIM of 4 March 2004 (Case R 289/2003-1) relating to the
opposition proceedings between Calliope SAS and BASF AG

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant to pay the costs.

(1) OJ C 179 of 10.7.2004.
Judgment of the Court (Second Chamber) of  15 December 2005  in Case C-66/02: Italian Republic v Commission of the European Communities (Application for annulment — State aid — Decision 2002/581/EC — Tax advantages granted to banks — Statement of reasons for a decision — Categorisation as State aid — Conditions — Compatibility with the common market — Conditions — Important project of common European interest — Development of certain activities)
Date: 2006-02-25
Institutions: Court of Justice
Subjects: European Commission, Italy, State aid, action for annulment (EU), banking system, control of State aid, tax relief

25.2.2006

EN

Official Journal of the European Union

C 48/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Second Chamber)

of 15 December 2005

(First Chamber)

of 15 December 2005

in Case C-66/02: Italian Republic v Commission of the
European Communities (1)

(Application for annulment — State aid — Decision
2002/581/EC — Tax advantages granted to banks — State-
ment of reasons for a decision — Categorisation as State aid
— Conditions — Compatibility with the common market —
common European
Conditions — Important project of

interest — Development of certain activities)

(2006/C 48/01)

(Language of the case: Italian)

In Case C-66/02, Italian Republic (Agents: initially U. Leanza,
and subsequently I. M. Braguglia; Lawyer: M. Fiorilli) v
Commission of
the European Communities (Agents: V. Di
Bucci and R. Lyal) — action for annulment under Article 230
EC, brought on 21 February 2002 — the Court
(Second
Chamber), composed of C. W. A. Timmermans, President of
the Chamber, C. Gulmann (Rapporteur), R. Schintgen, G.
Arestis and J. Klučka, Judges; C. Stix-Hackl, Advocate General;
M. Ferreira, Principal Administrator, for the Registrar, gave a
judgment on 15 December 2005, in which it:

1. Dismisses the action;

in Case C-86/03: Hellenic Republic v Commission of the
European Communities (1)

(Action for annulment — Commission's refusal to authorise
the use of heavy fuel oils with a maximum sulphur content of
3 % by mass in part of Greek territory — Directive
1999/32/EC — Sulphur content of certain combustible
liquids)

(2006/C 48/02)

(Language of the case: Greek)

by:

Council

In Case C-86/03 Hellenic Republic (Agent: P. Mylonopoulos
and A. Samoni-Rantou) v Commission of
the European
Communities (Agent: M. Konstantinidis and G. Valero Jordana)
Union
of
supported
(Agents: Kyriakopoulou and B. Hoff-Nielsen) — action for
annulment under Article 230 EC, brought on 26 February
2003, — the Court (First Chamber), composed of P. Jann, Presi-
dent of
J.N. Cunha Rodrigues
(Rapporteur), M. Ilešič and E. Levits, Judges; A. Tizzano, Advo-
cate General; H. von Holstein, Deputy Registrar, gave a judg-
ment on 15 December 2005, in which it:

the Chamber, N. Colneric,

European

the

1 Dismisses the action;

2. Orders the Hellenic Republic to pay the costs;

2. Orders the Italian Republic to pay the costs.

3 Orders the Council of the European Union to bear its own costs.

(1) OJ C 109 of 04.05.2002.

(1) OJ C 112 of 10.05.2003.
Prior notification of a concentration (Case COMP/ M.4095 — Deutsche Telekom/Corpus/Morgan Stanley/Sireo) — Candidate case for simplified procedure Text with EEA relevance
Date: 2006-02-25
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, telecommunications industry

25.2.2006

EN

Official Journal of the European Union

C 47/23

Prior notification of a concentration

(Case COMP/ M.4095 — Deutsche Telekom/Corpus/Morgan Stanley/Sireo)

Candidate case for simplified procedure

(2006/C 47/08)

(Text with EEA relevance)

1.
On 17 February 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 undertakings Deutsche Telekom AG
(‘DTAG’, Germany), Corpus Immobiliengruppe GmbH & Co. KG (‘Corpus’, Germany) and Morgan Stanley
Bank AG (‘MSBAG’, Germany) belonging to the Morgan Stanley group acquire within the meaning of
Article 3(1)(b) of the Council Regulation joint control of the existing joint venture Sireo Real Estate Asset
Management GmbH (‘Sireo’, Germany) in its new expanded format.

2.

The business activities of the undertakings concerned are:

— for undertaking DTAG: telecoms;

— for undertaking Corpus: asset management, real estate services and project development;

— for undertaking MSBAG: financial services;

— for undertaking Sireo: real estate funds and consultancy services for real estate funds.

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. 4095 — Deutsche Telekom/Corpus/Morgan Stanley/Sireo,
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.