do-me/EUR-LEX huggingface dataset:
Case T-40/06: Action brought on  9 February 2006  — Trioplast Industrier v Commission
Date: 2006-04-22
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), fine, industrial product, packaging product, restriction on competition, restrictive trade practice

22.4.2006

EN

Official Journal of the European Union

C 96/17

Decision of the Opposition Division: Rejection of the opposi-
tion

Pleas in law and main arguments

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Article 8(1)(b) of Regulation (EC) No 40/94 (1) has
been incorrectly applied, on the ground that there exists a like-
lihood of confusion between the opposing marks. The marks
show a high degree of similarity and the earlier mark has par-
ticular distinctive character. Article 74(1) of Regulation No 40/
94 has been breached, on the ground that the defendant Office
is in breach of its duty to examine the facts before it.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark.

The pleas in law and main arguments relied on by the applicant
are identical to those relied on in Case T-26/06 Trioplast Witten-
heim v Commission.

Action brought on 6 February 2006 — Republic of Poland
v Commission of the European Communities

(Case T-41/06)

(2006/C 96/33)

Language of the case: Polish

Action brought on 9 February 2006 — Trioplast Industrier
v Commission

(Case T-40/06)

Parties

(2006/C 96/32)

Language of the case: Swedish

Applicant: Republic of Poland (represented by: Paweł Szała-
macha, Government Agent)

Defendant: Commission of the European Communities

Parties

Form of order sought

Applicant: Trioplast
(represented by: Tommy Pettersson, lawyer)

Industrier AB (Smålandsstenar, Sweden)

The applicant claims that the Court should:

Defendant: Commission of the European Communities

Form of order sought

— declare invalid the decision of 18 October 2005 in Case
COMP/M.3894 establishing that the merger of Unicredito
Italiano SpA and Bayerische Hypo- und Vereinsbank AG is
compatible with the common market;

— order the Commission to pay the costs of the proceedings.

The applicant claims that the Court should:

Pleas in law and main arguments

— partially annul Article 1(g) of the decision in relation to the
period during which the applicant is held liable for the
infringement;

— partially annul Article 2(f) of the decision in relation to the
fine imposed which the applicant is jointly liable to pay; in
the alternative, reduce the fine;

— order the Commission to pay the costs.

The applicant seeks a declaration that the decision of the Euro-
pean Commission of 18 October 2005 in case COMP/M.3894
recognising the merger of the banks Unicredito Italiano SpA
(UCI) and Bayerische Hypo- und Vereinsbank AG (HVB) as
being compatible with the common market is invalid. Each of
those banks has holdings in banking institutions in Poland and,
according to the assertions made by the applicant, the effect of
the proposed concentration will be the assumption of control
by UCI over HBV's holding within the Polish banking market.
Case F-16/06: Action brought on  15 February 2006  — Augenault and Others v Council
Date: 2006-04-22
Institutions: Civil Service Tribunal
Subjects: Council of the European Union, European official, action by staff, pension scheme

C 96/38

EN

Official Journal of the European Union

22.4.2006

— order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The pleas and main arguments relied on by the applicants are
identical to those relied on in Case F-128/05 Adolf and Others
v Commission (1).

The pleas and main arguments relied on by the applicants are
identical to those relied on in Case F-128/05 Adolf and Others
v Commission (1).

(1) OJ C 60 of 11.3.2006, p. 56.

(1) OJ C 60 of 11.3.2006, p. 56.

Action brought on 21 February 2006 — Marc Vereecken v
Commission of the European Communities

Action brought on 15 February 2006 — Augenault and
Others v Council

(Case F-16/06)

(2006/C 96/60)

(Language of the case: French)

Parties

(Case F-17/06)

(2006/C 96/61)

(Language of the case: French)

Parties

Applicant(s): Marc Vereecken (Brussels, Belgium)
by: S. Rodrigues and A. Jaume)

(represented

Applicants: Françoise Augenault and Others (represented by: G.
Vandersanden and L. Levi, lawyers)

Defendant: Commission of the European Communities

Defendant: Council of the European Union

Form of order sought

Form of order sought

The applicants claim that the Court should:

— declare the action admissible and well founded, including

the objection of illegality contained in it;

— consequently, annul the applicants' pension statements for
in the application of a
March 2005, so as to result
weighting for the capital of their country of residence or, at
least, of a weighting such as to reflect adequately the differ-
ences in the cost of living in the places where the applicants
are deemed to incur their expenditure and therefore to give
effect to the principle of equivalence;

— order the defendant to pay the costs.

— Annul

the decisions of

the Appointing Authority (AA)
dismissing the applicant's complaint, together with the deci-
sion of the AA of 19 October 2004 and the pay slips for
the months of February 2005 et seq.
in so far as they
change the applicant's grade to A*8, and the decision
awarding merit points, priority points and compensation
points for leave on personal grounds (CCP) adopted by the
AA;

— Inform the AA of

the consequences of annulling the
contested decisions, and in particular: (i) the promotion of
the applicant to grade A*10 (ex A6) with retroactive effect
from 2001, or at least from 1 October 2004, when the
applicant was re-employed; (ii) at least the promotion of
the applicant to grade A*9 with effect from 1 October
2004; (iii) the award to the applicant of the points to which
he is entitled with effect from his promotion,
including
merit points, priority points and transitional points for the
CDRs 2003, 2004 and 2005;
Prior notification of a concentration (Case COMP/M.4198 — Bayer/Schering) Text with EEA relevance
Date: 2006-04-22
Institutions: European Commission
Subjects: economic concentration, merger control, pharmaceutical industry, research and development

C 95/8

EN

Official Journal of the European Union

22.4.2006

Prior notification of a concentration

(Case COMP/M.4198 — Bayer/Schering)

(2006/C 95/07)

(Text with EEA relevance)

1.
On 12 April 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 Bayer Aktiengesellschaft
(‘Bayer’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the
undertaking Schering Aktiengesellschaft (‘Schering’, Germany) by way of public bid announced on 23
March 2006 exercised by Dritte BV GmbH, a wholly owned subsidiary of Bayer.

2.

The business activities of the undertakings concerned are:

— for undertaking Bayer: an international diversified group with activities in pharmaceuticals;

— for undertaking Schering: a global research-based pharmaceutical company.

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.4198 — Bayer/Schering, to the following address:

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

(1) OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration (Case COMP/M.4202 — Charterhouse/Elior) Text with EEA relevance
Date: 2006-04-22
Institutions: European Commission
Subjects: catering, distributive trades, economic concentration, financial institution, holding company, management, merger control

C 95/6

EN

Official Journal of the European Union

22.4.2006

Prior notification of a concentration

(Case COMP/M.4202 — Charterhouse/Elior)

(2006/C 95/05)

(Text with EEA relevance)

1.
On 7 April 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 Charterhouse Capital
Limited (‘Charterhouse’, United Kingdom) and Holding Bercy Investissement SAS (‘HBI’, France) controlled
by R. Zolade, a French citizen, acquire within the meaning of Article 3(1)(b) of the Council Regulation
joint control of the undertaking Elior SCA (‘Elior’, France) by way of public bid announced on 27 March
2006.

2.

The business activities of the undertakings concerned are:

— for undertaking Charterhouse: provider of equity funds and fund management services;

— for undertaking HBI: holding company controlling Elior;

— for undertaking Elior: active in catering, facility management, travel retail and vending services.

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.4202 — Charterhouse/Elior, 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: 2006-04-22
Institutions: European Commission
Subjects: euro, exchange rate

22.4.2006

EN

Official Journal of the European Union

C 95/1

I

(Information)

COMMISSION

Euro exchange rates (1)

21 April 2006

(2006/C 95/01)

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

1,2315

144,36

7,4615

0,69245

9,3080

1,5755

95,83

7,8430

1,9558

0,5761

28,443

15,6466

265,57

3,4528

0,6961

0,4293

3,8843

3,4609

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

239,60

37,170

1,6340

1,6623

1,4008

9,5502

1,9497

1,9681

KRW South Korean won

1 168,08

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

7,4321

9,8779

7,2950

Indonesian rupiah

10 941,88

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,506

63,656

33,8650

46,600

(1) Source:

reference exchange rate published by the ECB.
Corrigendum to Commission Regulation (EC) No 668/2004 of  10 March 2004  amending certain Annexes to Regulation (EC) No 1774/2002 of the European Parliament and of the Council, as regards the importation from third countries of animal by-products ( OJ L 112, 19.4.2004 )
Date: 2006-04-22
Institutions: European Commission
Subjects: agricultural by-product, animal product, foodstuffs legislation, health certificate, import, originating product, third country

L 109/12

EN

Official Journal of the European Union

22.4.2006

CORRIGENDA

Corrigendum to Commission Regulation (EC) No 668/2004 of 10 March 2004 amending certain Annexes to
Regulation (EC) No 1774/2002 of the European Parliament and of the Council, as regards the importation from
third countries of animal by-products

(Official Journal of the European Union L 112 of 19 April 2004)

On page 41 in Chapter 5(A) of the Annex, point 9.2(a) is replaced by the following:

‘(a) has been free, for at least 12 months before dispatch, from the following diseases:’.
Prior notification of a concentration (Case COMP/M.4164 — Ferrovial/Quebec/GIC/BAA) Text with EEA relevance
Date: 2006-04-22
Institutions: European Commission
Subjects: airport, economic concentration, insurance, investment, merger control, service

22.4.2006

EN

Official Journal of the European Union

C 95/7

Prior notification of a concentration

(Case COMP/M.4164 — Ferrovial/Quebec/GIC/BAA)

(2006/C 95/06)

(Text with EEA relevance)

1.
On 11 April 2006, the Commission received a notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EC) No 139/2004 (1) by which Ferrovial Infraestructuras S.A. (‘Ferrovial’,
Spain), a wholly-owned subsidiary of Grupo Ferrovial S.A. (Spain), Caisse de dépôt et placement de Québec
(‘Québec’, Canada) and GIC Special Investments Pte Ltd (‘GIC’, Singapore) belonging to the GIC Group,
acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the whole of the
undertaking BAA plc (‘BAA’, UK), by way of public bid announced on 17 March 2006.

2.

The business activities of the undertakings concerned are:

— Ferrovial: part of Grupo Ferrovial S.A., active in provision of airport management and infrastructure

services, including Belfast City airport and Bristol airport in the UK;

— Québec: public and private pension and insurance funds;

— GIC: private equity, venture capital and infrastructure funds as well as direct investments in private

companies;

— BAA: provision of airport management and infrastructure services,

including the airports London
Heathrow, London Gatwick, London Stansted, Southampton, Glasgow, Edinburgh and Aberdeen in the
UK.

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.4164 — Ferrovial/Quebec/GIC/BAA, 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-124/06: Action brought on  2 March 2006  by the Commission of the European Communities against the Hellenic Republic
Date: 2006-04-22
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, balance sheet, bank, consolidated account, financial institution, insurance company, publication of accounts

22.4.2006

EN

Official Journal of the European Union

C 96/9

Action brought on 2 March 2006 by the Commission of
the European Communities against the Hellenic Republic

(Case C-124/06)

(2006/C 96/16)

(Language of the case: Greek)

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 2 March
2006 by the Commission of the European Communities, repre-
sented by Gerald Braun, of its Legal Service, and Georgios
Zavvos, Legal Adviser in its Legal Service, with an address for
service in Luxembourg.

The Commission claims that the Court should:

— declare that, by not adopting, and in any event by not noti-
fying to the Commission, the necessary laws, regulations
and administrative provisions in order to comply with
Directive 2003/51/EC (1) of the European Parliament and of

the Council of 18 June 2003 amending Directives
78/660/EEC, 83/349/EEC, 86/635/EEC and 91/674/EEC on
the annual and consolidated accounts of certain types of
companies, banks and other financial institutions and insur-
ance undertakings, the Hellenic Republic has failed to fulfil
its obligations under that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

In the case in point, Article 5 of Directive 2003/51/EC of the
European Parliament and of the Council of 18 June 2003
provides that Member States are to bring into force the laws,
regulations and administrative provisions necessary to comply
with the directive by 1 January 2005 at the latest and are
immediately to inform the Commission thereof.

(1) OJ No L 178, 17.7.2003, p. 16.
Order revising the maximum fares on air routes subject to public service obligations between the Balearic Islands   (Text with EEA relevance)
Date: 2006-04-22
Institutions: European Commission
Subjects: Balearic Islands, air freight rate, air transport, airline, public service

22.4.2006

EN

Official Journal of the European Union

C 95/3

Order revising the maximum fares on air routes subject to public service obligations between the
Balearic Islands

(2006/C 95/03)

(Text with EEA relevance)

Cost increases due to the upward trend in the consumer price index, aviation taxes and fares, and fuel
prices have prompted the airlines to request an increase in the maximum fares stipulated in the Agreement
of the Council of Ministers of 21 November 2003 imposing public service obligations on routes between
the Balearic Islands.

The Annex to that Agreement provides that, if the airlines' costs are adversely affected by the rise in the
consumer price index, by authorised increases in aviation taxes and fares or by an increase in other cost
components such as fuel which is abnormal, unforeseeable and not attributable to the carriers, the Minister
for Internal Development may, at the request of the airlines which operate on the routes listed in the
Annex, adjust the maximum fares set for each route.

In the light of the above, and in accordance with the Agreement, it is hereby decided that:

The maximum fare for a single ticket on the routes in question set in paragraph 2 of Title III (Special
Conditions) of the Annex to the Agreement of the Council of Ministers of 21 November 2003 shall be
adjusted as follows:

a) Majorca-Ibiza: EUR 82

b) Majorca-Minorca: EUR 82

c) Minorca-Ibiza: EUR 113
Postponement of date of entry into force of amended public service obligations imposed in respect of scheduled air services on routes within Greece in accordance with Council Regulation (EEC) No 2408/92   (Text with EEA relevance)
Date: 2006-04-22
Institutions: European Commission
Subjects: Greece, air transport, airline, inland transport, public service

C 95/2

EN

Official Journal of the European Union

22.4.2006

Postponement of date of entry into force of amended public service obligations imposed in
respect of scheduled air services on routes within Greece in accordance with Council Regulation
(EEC) No 2408/92

(2006/C 95/02)

(Text with EEA relevance)

The Greek Government has decided to postpone the date of entry into force of the amended public service
obligations imposed in respect of scheduled air services on routes within Greece in accordance with
Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for Community air
carriers to intra-Community air routes.

The date of entry into force of the public service obligations published in the Official Journal of the European
Union C 46 of 24 February 2006 shall be 1 July 2006.

If, by 1 June 2006, no air carrier has declared to the Civil Aviation Authority an intention to operate
scheduled services from 1 July 2006 on one or more of the routes concerned without financial compensa-
tion, Greece has decided, under the procedure set out in Article 4(1)(d) of Regulation (EEC) No 2408/92,
to limit access to each or several of the abovementioned routes to one carrier for three years and to grant
the right to operate those services from 1 July 2006 following an invitation to tender (as published in the
Official Journal of the European Union C 47 of 25 February 2006).