do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.4154 — Degussa/DOW (superabsorbent polymers)) Text with EEA relevance
Date: 2006-07-29
Institutions: European Commission
Subjects: chemical product, economic concentration, merger control

29.7.2006

EN

Official Journal of the European Union

C 177/35

Non-opposition to a notified concentration

(Case COMP/M.4154 — Degussa/DOW (superabsorbent polymers))

(2006/C 177/17)

(Text with EEA relevance)

On 20 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 32006M4154. 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.4160 — Thyssenkrupp/EADS/Atlas)

(2006/C 177/18)

(Text with EEA relevance)

On 10 May 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 32006M4160. 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.4160 — Thyssenkrupp/EADS/Atlas) Text with EEA relevance
Date: 2006-07-29
Institutions: European Commission
Subjects: aerospace industry, arms industry, economic concentration, electronics industry, merger control, shipbuilding

29.7.2006

EN

Official Journal of the European Union

C 177/35

Non-opposition to a notified concentration

(Case COMP/M.4154 — Degussa/DOW (superabsorbent polymers))

(2006/C 177/17)

(Text with EEA relevance)

On 20 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 32006M4154. 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.4160 — Thyssenkrupp/EADS/Atlas)

(2006/C 177/18)

(Text with EEA relevance)

On 10 May 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 32006M4160. EUR-Lex is the on-

line access to European law. (http://ec.europa.eu/eur-lex/lex)
Case C-271/05: 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 Attività Culturali; intervener: Consiglio Nazionale degli Ingegneri
Date: 2006-07-29
Institutions: Court of Justice
Subjects: interpretation of the law, professional qualifications, recognition of diplomas, town-planning profession

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-240/06: Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on  29 May 2006  — Fortum Project Finance SA
Date: 2006-07-29
Institutions: Court of Justice
Subjects: company with share capital, indirect tax, interpretation of the law, share capital, tax on investment income, tax system

29.7.2006

EN

Official Journal of the European Union

C 178/25

Pleas in law and main arguments

In the view of the Commission, the exemption from customs
duties unilaterally granted by Italy during the period preceding
the application of Council Regulation (EC) No 150/2003 (1)
amounted to an unlawful derogation from Article 26 EC and
from Community customs legislation, resulting in an unjustifi-
able reduction in customs revenue, which constitutes the
Community's own resources. Despite the applicant's repeated
requests, the Italian Government has refused to calculate and
pay to the Community the amounts corresponding to the own
resources consequently evaded during the period between 1
January 1998 and 31 December 2002, and to pay default
interest on the said amounts, as laid down by the legislation in
force in this area.

(1) OJ L 25, p. 1.

Reference for a preliminary ruling from the Landgericht
Koblenz (Germany) lodged on 31 May 2006 — Dynamic
Medien Vertriebs GmbH v Avides Media AG

(Case C-244/06)

(2006/C 178/40)

Language of the case: German

Referring court

Landgericht Koblenz

Parties to the main proceedings

Applicant: Dynamic Medien Vertriebs GmbH

Reference for a preliminary ruling from the Korkein
lodged on 29 May 2006 —
hallinto-oikeus (Finland)

Fortum Project Finance SA

Defendant: Avides Media AG

(Case C-240/06)

(2006/C 178/39)

Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings

Applicant: Fortum Project Finance SA

Question referred

Are Article 56 EC and Article 12(1)(c) of Council Directive
69/335/EEC (1) of 17 July 1969 concerning indirect taxes on
the raising of capital to be interpreted as precluding the char-
ging of
tax where securities are transferred, as
described above, as a contribution to a share company which
gives new shares of its own in return?

transfer

Question referred

Does the principle of the free movement of goods within the
meaning of Article 28 EC preclude a provision of German law
prohibiting the sale by mail order of image storage media
(DVDs, videos) that are not labelled as having been examined
in Germany as to their availability to young persons?

In particular:

Does the prohibition of mail order sales of such image storage
media constitute a measure having equivalent effect within the
meaning of Article 28 EC?

If so:

Is such a prohibition justified under Article 30 EC, having
regard to Directive 2000/31/EC, (1) even if the image storage
medium has been examined as to its availability to young
persons by another Member State of the EU and is labelled
accordingly, or does such a check by another Member State of
the EU constitute a less severe means for the purposes of that
provision?

(1) OJ, English Special Edition 1969 (II), p. 412.

(1) OJ L 178, p. 1.
Non-opposition to a notified concentration (Case COMP/M.4226 — DSGI/Fotovista) Text with EEA relevance
Date: 2006-07-29
Institutions: European Commission
Subjects: consumer goods, economic concentration, electrical equipment, merger control, retail selling

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)
Case C-244/06: Reference for a preliminary ruling from the Landgericht Koblenz (Germany) lodged on  31 May 2006  — Dynamic Medien Vertriebs GmbH v Avides Media AG
Date: 2006-07-29
Institutions: Court of Justice
Subjects: child protection, distance selling, free movement of goods, interpretation of the law, labelling, video cassette, video disc

29.7.2006

EN

Official Journal of the European Union

C 178/25

Pleas in law and main arguments

In the view of the Commission, the exemption from customs
duties unilaterally granted by Italy during the period preceding
the application of Council Regulation (EC) No 150/2003 (1)
amounted to an unlawful derogation from Article 26 EC and
from Community customs legislation, resulting in an unjustifi-
able reduction in customs revenue, which constitutes the
Community's own resources. Despite the applicant's repeated
requests, the Italian Government has refused to calculate and
pay to the Community the amounts corresponding to the own
resources consequently evaded during the period between 1
January 1998 and 31 December 2002, and to pay default
interest on the said amounts, as laid down by the legislation in
force in this area.

(1) OJ L 25, p. 1.

Reference for a preliminary ruling from the Landgericht
Koblenz (Germany) lodged on 31 May 2006 — Dynamic
Medien Vertriebs GmbH v Avides Media AG

(Case C-244/06)

(2006/C 178/40)

Language of the case: German

Referring court

Landgericht Koblenz

Parties to the main proceedings

Applicant: Dynamic Medien Vertriebs GmbH

Reference for a preliminary ruling from the Korkein
lodged on 29 May 2006 —
hallinto-oikeus (Finland)

Fortum Project Finance SA

Defendant: Avides Media AG

(Case C-240/06)

(2006/C 178/39)

Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings

Applicant: Fortum Project Finance SA

Question referred

Are Article 56 EC and Article 12(1)(c) of Council Directive
69/335/EEC (1) of 17 July 1969 concerning indirect taxes on
the raising of capital to be interpreted as precluding the char-
ging of
tax where securities are transferred, as
described above, as a contribution to a share company which
gives new shares of its own in return?

transfer

Question referred

Does the principle of the free movement of goods within the
meaning of Article 28 EC preclude a provision of German law
prohibiting the sale by mail order of image storage media
(DVDs, videos) that are not labelled as having been examined
in Germany as to their availability to young persons?

In particular:

Does the prohibition of mail order sales of such image storage
media constitute a measure having equivalent effect within the
meaning of Article 28 EC?

If so:

Is such a prohibition justified under Article 30 EC, having
regard to Directive 2000/31/EC, (1) even if the image storage
medium has been examined as to its availability to young
persons by another Member State of the EU and is labelled
accordingly, or does such a check by another Member State of
the EU constitute a less severe means for the purposes of that
provision?

(1) OJ, English Special Edition 1969 (II), p. 412.

(1) OJ L 178, p. 1.
Case T -42/02: Order of the Court of First Instance of  31 May 2006  — Banca Monte dei Paschi di Siena v Commission
Date: 2006-07-29
Institutions: Court of First Instance
Subjects: European Commission, Italy, State aid, action for annulment (EU), bank, control of State aid, sanction (EU)

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.
Case T -179/05: Order of the Court of First Instance of  31 May 2006  — Stradeblu v Commission
Date: 2006-07-29
Institutions: Court of First Instance
Subjects: European Commission, Italy, State aid, action for annulment (EU), control of State aid, maritime transport, service, transport company

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.
Non-opposition to a notified concentration (Case COMP/M.4275 — Charterhouse/Fives-Lille) Text with EEA relevance
Date: 2006-07-29
Institutions: European Commission
Subjects: economic concentration, investment company, machine-tool industry, merger control, technology

C 177/32

EN

Official Journal of the European Union

29.7.2006

Non-opposition to a notified concentration

(Case COMP/M.4221 — Allianz Capital Partners/Man Roland)

(2006/C 177/11)

(Text with EEA relevance)

On 14 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 32006M4221. 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.4275 — Charterhouse/Fives-Lille)

(2006/C 177/12)

(Text with EEA relevance)

On 20 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 32006M4275. EUR-Lex is the on-

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