do-me/EUR-LEX huggingface dataset:
Case C-285/04: Order of the President of the Court of  4 May 2006  (reference for a preliminary ruling from the Tribunale civile di Oristano (Italy)) — Ignazio Medda v Banco di Napoli SpA, Regione autonoma della Sardegna
Date: 2006-07-29
Institutions: Court of Justice
Subjects: Sardinia, farming sector, indebtedness, infringement of EU law, interpretation of the law, regional aid

29.7.2006

EN

Official Journal of the European Union

C 178/29

Order of the President of the Fourth Chamber of the
Court of 5 April 2006 (reference for a preliminary ruling
from the Consiglio di Stato (Italy)) — SABA Italia SpA v
Comune di Bolzano and SEAB SpA

(Case C-216/04) (1)

(2006/C 178/48)

Language of the case: Italian

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

Order of the President of the Court of 5 April 2006
(reference for a preliminary ruling from the Consiglio di
Stato (Italy)) — Francesco Rauty v Ministero per i Beni
Culturali e Ambientali, Soprintendenza B.A.A. di Firenze,
Prato e Pistoia;
intervener: Consiglio Nazionale degli
Ingegneri; and Ordine degli Ingegneri della Provincia di
Pistoia v Francesco Rauty and Ministero per i Beni e le
intervener: Consiglio Nazionale degli
Attività Culturali;

Ingegneri

(Case C-271/05) (1)

(2006/C 178/51)

Language of the case: Italian

(1) OJ C 190, 24.7.2004.

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 229, 17.9.2005.

Order of the President of the Court of 4 May 2006
(reference for a preliminary ruling from the Tribunale
civile di Oristano (Italy)) — Ignazio Medda v Banco di
Napoli SpA, Regione autonoma della Sardegna

(Case C-285/04) (1)

(2006/C 178/49)

Language of the case: Italian

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 217, 28.8.2004.

Order of the President of the Court of 5 May 2006 —
Commission of the European Communities v Hellenic
Republic

(Case C-352/05) (1)

(2006/C 178/52)

Language of the case: Greek

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 281, 12.11.2005.

Order of the President of the Fourth Chamber of the
Court of 18 May 2006 — Commission of the European
Communities v Republic of Finland

Order of the President of the Court of 15 May 2006 —
Commission of the European Communities v Hellenic
Republic

(Case C-99/05) (1)

(2006/C 178/50)

Language of the case: Finnish

(Case C-410/05) (1)

(2006/C 178/53)

Language of the case: Greek

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

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 93, 16.4.2005.

(1) OJ C 36, 11.2.2006.
Case C-258/06: Action brought on  12 June 2006  — Commission of the European Communities v Kingdom of Spain
Date: 2006-07-29
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, insurance, trade intermediary

C 178/28

EN

Official Journal of the European Union

29.7.2006

Action brought on 12 June 2006 — Commission of the
European Communities v Kingdom of Spain

Form of order sought

(Case C-258/06)

(2006/C 178/45)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: R. Vidal Puig and N. Yerrell, acting as Agents)

— A declaration that, by failing to bring into force the laws,
regulations and administrative provisions necessary to
comply with Directive 2002/87/EC (1) of
the European
Parliament and of the Council of 16 December 2002 on
the supplementary supervision of credit institutions, insur-
firms in a financial
ance undertakings and investment
Directives
and
conglomerate
Council
73/239/EEC,
92/96/EEC,
79/267/EEC,
93/6/EEC and 93/22/EEC, and Directives 98/78/EC and
the
2000/12/EC of
Council, or in any event by failing to notify the Commis-
sion of those measures, the Kingdom of the Netherlands
has failed to fulfil its obligations under that directive;

the European Parliament and of

92/49/EEC,

amending

Defendant: Kingdom of Spain

— An order requiring the Kingdom of the Netherlands to pay

the costs.

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2002/92/EC (1) of the European Parliament and of the
Council of 9 December 2002 on insurance mediation or, in
any event, by failing to communicate them to the Commis-
sion, the Kingdom of Spain has failed to fulfil its obligations
under that directive;

Pleas in law and main arguments

The period within which the directive had to be implemented
expired on 11 August 2004.

— order the Kingdom of Spain to pay the costs.

(1) OJ L 35, 2003, p. 1.

Pleas in law and main arguments

The period prescribed for transposing Directive 2002/92/EC
into Spanish law expired on 15 January 2005.

(1) OJ L 9, 2003, p. 3.

Order of the President of the Second Chamber of the
Court of 23 March 2006 (reference for a preliminary
ruling from the Tribunale Amministrativo Regionale per la
Sardegna (Italy)) — Impresa Portuale di Cagliari Srl v
Tirrenia di Navigazione SpA

Action brought on 14 June 2006 — Commission of the
European Communities v Kingdom of the Netherlands

(Case C-259/06)

(2006/C 178/46)

Language of the case: Dutch

(Case C-174/03) (1)

(2006/C 178/47)

Language of the case: Italian

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

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Maidani and W. Wils, Agents)

Defendant: Kingdom of the Netherlands

(1) OJ C 213, 6.9.2003.
Non-opposition to a notified concentration (Case COMP/M.4260 — Advent/RWE Solutions) Text with EEA relevance
Date: 2006-07-29
Institutions: European Commission
Subjects: economic concentration, energy industry, investment company, merger control, power plant, technology

29.7.2006

EN

Official Journal of the European Union

C 177/33

Non-opposition to a notified concentration

(Case COMP/M.4328 — Advent/RWE/RWE Industrial Solutions)

(2006/C 177/13)

(Text with EEA relevance)

On 17 July 2006, 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 web site (http://ec.europa.eu/comm/competition/mergers/cases/). This
web site 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 32006M4328. EUR-Lex is the on-

line access to European law. (http://ec.europa.eu/eur-lex/lex)

Non-opposition to a notified concentration

(Case COMP/M.4260 — Advent/RWE Solutions)

(2006/C 177/14)

(Text with EEA relevance)

On 17 July 2006, 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 web site (http://ec.europa.eu/comm/competition/mergers/cases/). This
web site 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 32006M4260. EUR-Lex is the on-

line access to European law. (http://ec.europa.eu/eur-lex/lex)
Case T-198/03: Judgement of the Court of First Instance of  30 May 2006  — Bank Austria Creditanstalt AG v Commission of the European Communities (Competition — Administrative procedure — Publication of a decision finding an infringement of Article 81 EC and imposing fines — Fixing of deposit and borrowing rates by Austrian banks ( Lombard Club ) — Rejection of a request to omit certain passages)
Date: 2006-07-29
Institutions: Court of First Instance
Subjects: European Commission, abuse of power, action for annulment (EU), bank, control of restrictive practices, fine, restriction on competition

29.7.2006

EN

Official Journal of the European Union

C 178/31

COURT OF FIRST INSTANCE

Judgement of the Court of First Instance of 31 May 2006
— Kuwait Petroleum (Nederland) BV v Commission of the
European Communities

Judgement of the Court of First Instance of 30 May 2006
— Bank Austria Creditanstalt AG v Commission of the
European Communities

(Case T-354/99) (1)

(Case T-198/03) (1)

(State aid — Commission notice on the de minimis rule for
State aid — Increase in excise duties on fuel — Aid to
service stations — Oil companies — Risk of cumulation of
aid — Price management system clause — Principle of sound
administration)

(Competition — Administrative procedure — Publication of
a decision finding an infringement of Article 81 EC and
imposing fines — Fixing of deposit and borrowing rates by
Austrian banks (‘Lombard Club’) — Rejection of a request to
omit certain passages)

(2006/C 178/56)

Language of the case: Dutch

(2006/C 178/57)

Language of the case: German

Parties

Applicant: Kuwait Petroleum (Nederland) BV (represented by: P.
Mathijsen, lawyer)

Parties

Defendant: Commission of the European Communities (repre-
sented initially by G. Rozet and H. Speyart, and subsequently
by G. Rozet and H. van Vliet, acting as Agents)

Intervening party supporting the applicant: Kingdom of the Nether-
lands, (represented initially by M. Fierstra, and subsequently by
H. Sevenster, acting as Agents)

Applicant: Bank Austria Creditanstalt AG, established in Vienna
(Austria) (represented by: C. Zschocke and J. Beninca, lawyers)

Defendant: Commission of the European Communities (repre-
sented initially by: S. Rating and subsequently by A. Bouquet,
acting as Agents, and by D. Waelbroeck and U. Zinsmeister,
lawyers)

Re:

Re:

Application for partial annulment of Commission Decision
1999/705/EC of 20 July 1999 on the State aid implemented by
the Netherlands for 633 Dutch service stations located near the
German border (OJ 1999 L 280, p. 87)

the decision of

Annulment of
the Commission's Hearing
Officer of 5 May 2003 to publish the non-confidential version
of the Commission decision of 11 June 2002 in Case COMP/
36.571/D-1 — Austrian banks (‘Lombard Club’)

Operative part of the judgement

The Court:

1. Dismisses the action;

2. Orders the applicant

to pay its own costs and those of

the

Commission;

Operative part of the judgement

The Court:

1. Dismisses the action;

3. Orders the Kingdom of the Netherlands to pay its own costs.

2. Orders the applicant to pay the costs.

(1) OJ C 102, 8.4.2000.

(1) OJ C 213, 6.9.2003.
Case T -319/04: Order of the Court of First Instance of  1 June 2006  — Port Support Customs Rotterdam v Commission
Date: 2006-07-29
Institutions: Court of First Instance
Subjects: Cambodia, European Anti-fraud Office, European Commission, access to information, action for annulment (EU), footwear industry, originating product, provision of documents, textile industry

C 178/40

EN

Official Journal of the European Union

29.7.2006

The pleas in law and main arguments are similar to those relied
on in that case.

Order of the Court of First Instance of 1 June 2006 —
Port Support Customs Rotterdam v Commission

(1) Not yet published in the OJ.

(Case T -319/04) (1)

(2006/C 178/73)

Language of the case: Dutch

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

Order of the Court of First Instance of 31 May 2006 —
Banca Monte dei Paschi di Siena v Commission

(1) OJ C 262, 23.10.2004.

(Case T -42/02) (1)

(2006/C 178/71)

Language of the case: Italian

The President of the Fourth Chamber (Extended Composition)
has ordered that the case be removed from the register.

(1) OJ C 109, 4.5.2002.

Order of the Court of First Instance of 13 June 2006 —
Deutsche Telekom v OHIM (Telekom Global Net)

(Case T -72/05) (1)

(2006/C 178/74)

Language of the case: German

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

(1) OJ C 115, 14.5.2005.

Order of the Court of First Instance of 31 May 2006 —
Compagnia di San Paolo v Commission

(Case T -121/02) (1)

(2006/C 178/72)

Language of the case: Italian

The President of the Fourth Chamber (Extended Composition)
has ordered that the case be removed from the register.

Order of the Court of First Instance of 31 May 2006 —
Stradeblu v Commission

(Case T -179/05) (1)

(2006/C 178/75)

Language of the case: Italian

(1) OJ C 144, 15.6.2000.

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

(1) OJ C 155, 25.6.2005.
Amendment of 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: 2006-07-29
Institutions: European Commission
Subjects: Greece, air freight rate, air transport, airline, inland transport, public service, transport capacity

29.7.2006

EN

Official Journal of the European Union

C 177/31

Amendment of 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 177/10)

(Text with EEA relevance)

1. The Greek Government has decided to revise, in part, from 15 July 2006, the public service obligations
imposed in respect of scheduled air services on two routes within Greece pursuant to 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, which were published in the Official Journal of the European Union C 312 on
17 December 2004.

2. The amendments to the public service obligations concern the following routes:

— Athens — Astipalaia — Kalimnos

— Rodos — Karpathos — Kasos — Sitia

(A) Minimum frequency of flights and minimum number of seats available each week on each route

Athens — Astipalaia — Kalimnos

Seven return flights a week and a total of 245 seats a week in each direction throughout the winter
(105 seats on the Athens — Astipalaia route, 105 seats on the Athens — Kalimnos route, and 35
seats on the Astipalaia — Kalimnos route).

Ten return flights a week and a total of 350 seats a week in each direction throughout the summer
(150 seats on the Athens — Astipalaia route, 150 seats on the Athens — Kalimnos route, and 50
seats on the Astipalaia — Kalimnos route).

Rodos — Karpathos — Kasos — Sitia

Four return flights a week and a total of 200 seats a week in each direction — spread evenly across
the various legs of the route — throughout the winter.

Six return flights a week and a total of 300 seats a week in each direction — spread evenly across
the various legs of the route — throughout the summer.

(B) Fares

The single economy fare may not exceed the following rates:

— Athens — Kalimnos:

— Astipalaia — Kalimnos:

— Rodos — Sitia:

— Karpathos — Sitia:

— Kasos — Sitia

EUR 60

EUR 40

EUR 40

EUR 40

EUR 35

The above amounts may be increased in the event of an unforeseen increase in the costs of oper-
ating the service outside the control of the carrier. This increase shall be notified to the carrier oper-
ating the service but shall not come into effect until
it has been published by the European
Commission in the Official Journal of the European Union.

These obligations replace those published in the Official
the European Union C 312 on
17 December 2004 concerning the Athens — Astipalaia and Rodos — Karpathos — Kasos routes.
Otherwise, the public service obligations published in the Official Journal of the European Union C 312 on
17 December 2004 continue to apply.

Journal of
Case C-20/06: Order of the President of the Court of  27 April 2006  — Commission of the European Communities v Grand Duchy of Luxembourg
Date: 2006-07-29
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, plant health control, plant health legislation, protection of plant life

C 178/30

EN

Official Journal of the European Union

29.7.2006

Order of the President of the Court of 27 April 2006 —
the European Communities v Grand
Commission of
Duchy of Luxembourg

Order of the President of the Court of 27 April 2006 —
the European Communities v Grand
Commission of
Duchy of Luxembourg

(Case C-20/06) (1)

(2006/C 178/54)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 60, 11.3.2006.

(Case C-21/06) (1)

(2006/C 178/55)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 60, 11.3.2006.
Case C-259/06: Action brought on  14 June 2006  — Commission of the European Communities v Kingdom of the Netherlands
Date: 2006-07-29
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, credit institution, financial legislation, insurance company

C 178/28

EN

Official Journal of the European Union

29.7.2006

Action brought on 12 June 2006 — Commission of the
European Communities v Kingdom of Spain

Form of order sought

(Case C-258/06)

(2006/C 178/45)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: R. Vidal Puig and N. Yerrell, acting as Agents)

— A declaration that, by failing to bring into force the laws,
regulations and administrative provisions necessary to
comply with Directive 2002/87/EC (1) of
the European
Parliament and of the Council of 16 December 2002 on
the supplementary supervision of credit institutions, insur-
firms in a financial
ance undertakings and investment
Directives
and
conglomerate
Council
73/239/EEC,
92/96/EEC,
79/267/EEC,
93/6/EEC and 93/22/EEC, and Directives 98/78/EC and
the
2000/12/EC of
Council, or in any event by failing to notify the Commis-
sion of those measures, the Kingdom of the Netherlands
has failed to fulfil its obligations under that directive;

the European Parliament and of

92/49/EEC,

amending

Defendant: Kingdom of Spain

— An order requiring the Kingdom of the Netherlands to pay

the costs.

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2002/92/EC (1) of the European Parliament and of the
Council of 9 December 2002 on insurance mediation or, in
any event, by failing to communicate them to the Commis-
sion, the Kingdom of Spain has failed to fulfil its obligations
under that directive;

Pleas in law and main arguments

The period within which the directive had to be implemented
expired on 11 August 2004.

— order the Kingdom of Spain to pay the costs.

(1) OJ L 35, 2003, p. 1.

Pleas in law and main arguments

The period prescribed for transposing Directive 2002/92/EC
into Spanish law expired on 15 January 2005.

(1) OJ L 9, 2003, p. 3.

Order of the President of the Second Chamber of the
Court of 23 March 2006 (reference for a preliminary
ruling from the Tribunale Amministrativo Regionale per la
Sardegna (Italy)) — Impresa Portuale di Cagliari Srl v
Tirrenia di Navigazione SpA

Action brought on 14 June 2006 — Commission of the
European Communities v Kingdom of the Netherlands

(Case C-259/06)

(2006/C 178/46)

Language of the case: Dutch

(Case C-174/03) (1)

(2006/C 178/47)

Language of the case: Italian

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

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Maidani and W. Wils, Agents)

Defendant: Kingdom of the Netherlands

(1) OJ C 213, 6.9.2003.
Prior notification of a concentration (Case COMP/M.4265 — Philips/Avent) Text with EEA relevance
Date: 2006-07-29
Institutions: European Commission
Subjects: early childhood, economic concentration, merger control, paediatrics

C 177/30

EN

Official Journal of the European Union

29.7.2006

Prior notification of a concentration

(Case COMP/M.4265 — Philips/Avent)

(2006/C 177/09)

(Text with EEA relevance)

1.
On 20 July 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 Koninklijke Philips Electronics N.V.
(‘Philips’, Netherlands) acquires within the
meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Avent Hold-
ings Limited (‘Avent’, UK) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Philips: baby-care products;

— for Avent: baby-care products.

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.4265 — Philips/Avent, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Brussels

(1) OJ L 24, 29.1.2004 p. 1.
Non-opposition to a notified concentration (Case COMP/M.4104 — Aker Yards/Chantiers de l'Atlantique) Text with EEA relevance
Date: 2006-07-29
Institutions: European Commission
Subjects: economic concentration, merger control, shipbuilding

C 177/34

EN

Official Journal of the European Union

29.7.2006

Non-opposition to a notified concentration

(Case COMP/M.4226 — DSGI/Fotovista)

(2006/C 177/15)

(Text with EEA relevance)

On 29 June 2006, 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 web site (http://ec.europa.eu/comm/competition/mergers/cases/). This
web site 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 32006M4226. EUR-Lex is the on-

line access to European law. (http://ec.europa.eu/eur-lex/lex)

Non-opposition to a notified concentration

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

(2006/C 177/16)

(Text with EEA relevance)

On 27 March 2006, 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 web site (http://ec.europa.eu/comm/competition/mergers/cases/). This
web site 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 32006M4104. EUR-Lex is the on-

line access to European law. (http://ec.europa.eu/eur-lex/lex)