do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.4176 — Deutsche Bank e.a./Deutsche Steinzeug Cremer & Breuer) — Candidate case for simplified procedure Text with EEA relevance
Date: 2006-04-08
Institutions: European Commission
Subjects: bank, building materials, ceramics, economic concentration, merger control, private investment, service

8.4.2006

EN

Official Journal of the European Union

C 85/9

Prior notification of a concentration

(Case COMP/M.4176 — Deutsche Bank e.a./Deutsche Steinzeug Cremer & Breuer)

Candidate case for simplified procedure

(2006/C 85/07)

(Text with EEA relevance)

1.
On 29 March 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 Bank AG (‘DB’,
Germany), Goldman Sachs Group, Inc. (‘GS’, United Kingdom) and Lone Star Fund V (‘LS’, USA and
Bermuda) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the
undertaking Deutsche Steinzeug Cremer & Breuer AG (‘DSCB’, Germany) by way of purchase of shares
following a debt restructuring plan.

2.

The business activities of the undertakings concerned are:

— for DB: universal banking services;

— for GS: investment banking and securities;

— for LS: private equity investments;

— for DSCB: manufacturer and distributor of ceramic tiles.

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.4176 — Deutsche Bank e.a./Deutsche Steinzeug Cremer & Breuer, 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.4189 — Deutsche Bank/Lone Star/Vivanco Gruppe) — Candidate case for simplified procedure Text with EEA relevance
Date: 2006-04-08
Institutions: European Commission
Subjects: bank, computer systems, economic concentration, electronics, merger control, private investment, service, telecommunications

C 85/6

EN

Official Journal of the European Union

8.4.2006

Prior notification of a concentration

(Case COMP/M.4189 — Deutsche Bank/Lone Star/Vivanco Gruppe)

Candidate case for simplified procedure

(2006/C 85/05)

(Text with EEA relevance)

1.
On 28 March 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 Bank AG
London belonging to the Deutsche Bank group (‘DB’, Germany) and Lone Star Fund V (U.S) L.P. and Lone
Star Fund V (Bermuda) L.P. ( collectively referred to as ‘Lone Star’) acquire within the meaning of Article
3(1)(b) of the Council Regulation joint control of the undertaking Vivanco Gruppe AG (‘VG’, Germany) by
way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for DB: universal banking services;

— for Lone Star: private equity investments;

— for VG: manufacturing and distribution of technical accessories for consumer electronics, telecommuni-

cations, IT and mobile 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.4189 — Deutsche Bank/Lone Star/Vivanco Gruppe, 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.
Uniform application of the Combined Nomenclature (CN) (Classification of goods)
Date: 2006-04-08
Institutions: European Commission
Subjects: Combined Nomenclature, two-wheeled vehicle

8.4.2006

EN

Official Journal of the European Union

C 85/5

UNIFORM APPLICATION OF THE COMBINED NOMENCLATURE (CN)

(Classification of goods)

(2006/C 85/04)

Explanatory notes adopted in accordance with the procedure defined in Article 10(1) of Council
Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the
Common Customs Tariff (1)

The explanatory notes to the Combined Nomenclature of the European Communities' (2) shall be amended
as follows:

On page 357:

8712 00

Bicycles and other cycles (including delivery tricycles), not motorised

Insert the following text:

‘This heading includes incomplete bicycles that have the essential characteristics of complete
bicycles (General rule 2(a) for the interpretation of the Combined Nomenclature).

An incomplete bicycle, whether or not assembled, is to be classified under heading 8712 if it
consists of the frame, the fork and at least two of the following components:

— a set of wheels;

— crank-gear (including axle, crank);

— steering unit (including handlebar and handlebar stems);

— a brake system.’

(1) OJ L 256, 7.9.1987, p. 1. Regulation as last amended by Council Regulation (EC) No 426/2006 (OJ L 79, 16.3.2006,

p. 1).

(2) OJ C 50, 28.2.2006, p. 1.
Prior notification of a concentration (Case COMP/M.4057 — Korsnäs/Assidomän Cartonboard) Text with EEA relevance
Date: 2006-04-08
Institutions: European Commission
Subjects: economic concentration, holding company, merger control, packaging product, pulp and paper industry, telecommunications

C 85/10

EN

Official Journal of the European Union

8.4.2006

Prior notification of a concentration

(Case COMP/M.4057 — Korsnäs/Assidomän Cartonboard)

(2006/C 85/08)

(Text with EEA relevance)

1.
On 31 March 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 Korsnäs AB (‘Korsnäs’, Sweden) controlled by Investment AB Kinnevik (‘Kinnevik’,
Sweden) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of
the undertaking AssiDomän Cartonboard Holding AB (‘AD Cartonboard’, Sweden) by way of purchase of
shares.

2.

The business activities of the undertakings concerned are:

— for Kinnevik: holding company with equity interest in telecoms and medias companies;

— for Korsnäs: production and sale of paper board including liquid packaging board, sack paper and fluff

pulp;

— for AD Cartonboard: production and sale of consumer packaging board, including liquid packaging

board.

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.4057 — Korsnäs/Assidomän Cartonboard, 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 C-113/06: Action brought on  27 February 2006  by the Commission of the European Communities against the Grand Duchy of Luxembourg
Date: 2006-04-08
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, explosive, free movement of goods, harmonisation of standards, national implementing measure, safety standard, transport of dangerous goods

8.4.2006

EN

Official Journal of the European Union

C 86/23

Action brought on 27 February 2006 by the Commission
of the European Communities against the Grand Duchy of
Luxembourg

(Case C-113/06)

(2006/C 86/45)

(Language of the case: French)

An action against
the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Commu-
nities on 27 February 2006 by the Commission of the Euro-
pean Communities, represented by J. Hottiaux and F Simonetti,
acting as Agents, with an address for service in Luxembourg.

The Commission claims that the Court should:

Commission Directive 2004/57/EC of 23 April 2004 on the
identification of pyrotechnic articles and certain ammuni-
tion for the purposes of Council Directive 93/158/EEC on
the harmonisation of the provisions relating to the placing
on the market and supervision of explosives for civil
uses, (1) the Grand Duchy of Luxembourg has failed to fulfil
its obligations under that directive;

2. order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period for transposing Directive 2004/57/EC expired on
31 December 2004.

1. declare that, by failing to adopt all the laws, regulations and
comply with
provisions necessary

administrative

to

(1) OJ 2004 L 127, p. 73.
Joined Cases T-466/04 and T-467/04: Judgment of the Court of First Instance of  1 February 2006  — Elisabetta Dami v OHIM (Community trade mark — Word mark GERONIMO STILTON — Opposition — Stay of proceedings — Restriction of the list of goods designated by the mark for which registration is sought — Withdrawal of the opposition)
Date: 2006-04-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), cheese, trade-mark law

C 86/26

EN

Official Journal of the European Union

8.4.2006

Judgment of the Court of First Instance of 1 February
2006 — Rodrigues Carvalhais v OHIM

Judgment of the Court of First Instance of 1 February
2006 — Elisabetta Dami v OHIM

(Case T-206/04) (1)

(Joined Cases T-466/04 and T-467/04) (1)

(Community trade mark — Opposition proceedings —
Figurative mark containing the verbal element ‘PERFIX’ —
Earlier Community figurative trade mark containing the
verbal element ‘cerfix’ — Relative ground for refusal — Like-
lihood of confusion — Article 8(1)(b) of Regulation (EC) No
40/94)

(2006/C 86/50)

Language of the case: Portuguese

(Community trade mark — Word mark GERONIMO
STILTON — Opposition — Stay of proceedings — Restric-
tion of the list of goods designated by the mark for which
registration is sought — Withdrawal of the opposition)

(2006/C 86/51)

Language of the case: French

Parties

Applicant: Fernando Rodrigues Carvalhais (Almada, Portugal)
(represented by: P. Graça initially, then J. Lopes, lawyers)

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

Other party to the proceedings before the Board of Appeal of
OHIM, intervening before the Court of First Instance: Profilpas
J.L. Revenga Santos
Snc (Cadoneghe,
initially, then J.M. Monravá, lawyers)

(represented by:

Italy)

Action

brought against the decision of the First Board of Appeal of
OHIM of 18 March 2004 (Case R 408/2003-1), concerning
opposition proceedings between M.
Fernando Rodrigues
Carvalhais and Profilpas Snc

Parties

Applicant: Elisabetta Dami
Beduschi and S. Giudici, lawyers)

(Milan,

Italy)

(represented by: P.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)
(represented by: A. Folliard-
Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM:
The Stilton Cheese Makers Association (Surbiton, Surrey,
United Kingdom)

Action

the decisions of the Second Board of
Two actions against
Appeal of OHIM of 20 September 2004 (Cases R 973/2002-2
and R 982/2002-2)
concerning opposition proceedings
between Mrs Elisabetta Dami and The Stilton Cheese Makers
Association,

Operative part of the judgment

Operative part of the judgment

The Court:

The Court:

1. Dismisses the action.

1. annuls the decisions of the Second Board of Appeal of the Office
for Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM) of 20 September 2004 (Cases R 973/2002-2
and R 982/2002-2);

2. Orders the applicant to pay the costs.

2. orders OHIM to pay the costs.

(1) OJ C 217 of 28.8.2004.

(1) OJ C 69, 19.3.2005.
Case T -330/05: Order of the Court of First Instance of  8 February 2006  — Aqua-Terra Bioprodukt v OHIM
Date: 2006-04-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), organic product, trade-mark law, water treatment

C 86/46

EN

Official Journal of the European Union

8.4.2006

— order the European Monitoring Centre for Drugs and Drug
Addiction to pay the applicant's legal and other costs and
expenses incurred in connection with this application as
well as damages stemming from the tendering procedure.

Finally,
the applicant submits that
contains evident errors of assessment.

the contested decision

Pleas in law and main arguments

The applicant submitted a bid in response to an open call for
tender by the defendant for software programming and consul-
tancy services (JO 2005/S 187-183846). The applicant contests
the decision to reject its bid and to award the contract to
another bidder.

In support of its application, the applicant submits that the
contested decision was taken in violation of the principle of
non-discrimination and transparency, as well as in violation of
Directive 92/50 (1) and the Financial Regulation (2). According
to the applicant, its bid was rejected on criteria that were not
included in the contract notice. The applicant also claims that
the defendant failed to request clarifications from the applicant
and therefore infringed the principle of good administration.

(1) Council Directive 92/50/EEC of 18 June 1992 relating to the coor-
dination of procedures for the award of public service contracts (OJ
L 209, p. 1)

(2) Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002
on the Financial Regulation applicable to the general budget of the
European Communities (OJ L 248, p. 1)

Order of the Court of First Instance of 8 February 2006 —
Aqua-Terra Bioprodukt v OHIM

(Case T -330/05) (1)

(2006/C 86/85)

Language of the case: German

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

(1) OJ C 296, 26.11.2005.
Euro exchange rates
Date: 2006-04-08
Institutions: European Commission
Subjects: euro, exchange rate

8.4.2006

EN

Official Journal of the European Union

C 85/1

I

(Information)

COMMISSION

Euro exchange rates (1)

7 April 2006

(2006/C 85/01)

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

1,2179

143,57

7,4633

0,69645

9,3415

1,5757

88,45

7,8760

1,9558

0,5760

28,510

15,6466

267,07

3,4528

0,6960

0,4293

3,9620

3,5090

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

239,63

37,410

1,6260

1,6653

1,3975

9,4469

1,9828

1,9550

KRW South Korean won

1 160,66

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

7,3966

9,7590

7,3290

Indonesian rupiah

10 948,92

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,467

62,253

33,6540

46,436

(1) Source:

reference exchange rate published by the ECB.