do-me/EUR-LEX huggingface dataset:
Case T-43/06: Order of the Court of First Instance of 6 July 2006 — Cofira-Sac v Commission
Date: 2006-09-02
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), demerger, fine, liability, packaging product, plastics, unlawful agreement

C 212/46

EN

Official Journal of the European Union

2.9.2006

In the alternative, the applicants seek an increase of 10 % of
the 40 % reduction of the fine granted under the Leniency
Notice on the ground that the Commission misapplied the
Leniency Notice in that Eka was not granted the highest reduc-
tion available within the relevant band, notwithstanding the
fact that its cooperation fully met the criteria established at
point 23, second paragraph, of the Leniency Notice. According
to the applicants, the Commission therefore violated the appli-
cant's legitimate expectations.

Furthermore,
the applicants contend that
violated the principle of equal treatment in that it treated:

the Commission

i) similar situations, i.e. that of Eka and Arkema who's coop-
eration fully met the criteria in point 23 of the Leniency
Notice,
in a different manner by granting the maximum
reduction available within the relevant band only to
Arkema, and

ii) different situations, i.e. that of Eka and Solvay, in a similar
manner by granting both a reduction of the fine which is
not the highest reduction available under the relevant band
even though Eka, according to the applicants, had contrib-
uted more valuable and timely cooperation than Solvay.

(1) Commission notice on immunity from fines and reduction of fines

in cartel cases (OJ 2002 C 45, p. 3)

Order of the Court of First Instance of 27 June 2006 —
Marker Völkl v OHIM — Icon Health & Fitness Italia
(MOTION)

(Case T-217/05) (1)

(2006/C 212/79)

Language of the case: German

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

(1) OJ C 205, 20.8.2005.

Order of the Court of First Instance of 5 July 2006 —
Deutsche Telekom v OHIM (Alles, was uns verbindet)

(Case T-18/06) (1)

(2006/C 212/80)

Language of the case: German

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

(1) OJ C 86, 8.4.2006.

Order of the Court of First Instance of 29 June 2006 —
UNIPOR-Ziegel-Marketing v OHIM-Dörken (DELTA)

(Case T-159/05) (1)

(2006/C 212/78)

Language of the case: German

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

Order of the Court of First Instance of 6 July 2006 —
Cofira-Sac v Commission

(Case T-43/06) (1)

(2006/C 212/81)

Language of the case: Italian

(1) OJ C 171, 9.7.2005.

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

(1) OJ C 86, 8.4.2006.
Interest rate applied by the European Central Bank to its main refinancing operations: 3 % on 1 September 2006 — Euro exchange rates
Date: 2006-09-02
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, interest

2.9.2006

EN

Official Journal of the European Union

C 211/1

I

(Information)

COMMISSION

Interest rate applied by the European Central Bank to its main refinancing operations (1):

3 % on 1 September 2006

Euro exchange rates (2)

1 September 2006

(2006/C 211/01)

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

1,2817

150,30

7,4599

0,67280

9,3160

1,5791

88,22

8,1070

1,9558

0,5763

28,253

15,6466

277,65

3,4528

0,6961

0,4293

3,9685

3,5258

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

239,57

37,723

1,8847

1,6753

1,4163

9,9695

1,9546

2,0147

KRW South Korean won

1 231,14

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

9,2552

10,1936

7,3485

Indonesian rupiah

11 658,34

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

4,7000

64,995

34,2800

48,077

(1) Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender,

the interest rate is the marginal rate.

(2) Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.4370 — ENB/Cogas Energy) Text with EEA relevance
Date: 2006-09-02
Institutions: European Commission
Subjects: economic concentration, electrical industry, energy industry, exchange of information, gas industry, merger control, waste management

C 211/2

EN

Official Journal of the European Union

2.9.2006

Prior notification of a concentration

(Case COMP/M.4370 — ENB/Cogas Energy)

(2006/C 211/02)

(Text with EEA relevance)

1.
On 25 August 2006, the Commission received a notification of a proposed concentration pursuant
to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Electrabel Nederland Beheermaatschappij
B.V (‘ENB’, Netherlands), controlled by Electrabel S.A. (‘Electrabel’, Belgium), in turn controlled by SUEZ
S.A. (France), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of part of
Centraal Overijsselse Nutsbedrijven N.V. (‘Cogas Energy’, Netherlands) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for SUEZ: international group active in the field of the management of public utilities in electricity, gas,

energy services, water and waste management;

— for ENB: holding and finance company,which is a subsidiary of Electrabel, the core business of which is
the generation of electricity, retail supply of electricity, natural gas and energy products and services,
trading of electricity of natural gas and the management of distribution networks for electricity and
gas;

— for Cogas Energy: retail supply of electricity and natural gas in the Netherlands.

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 (fax No (32-2) 296 43 01 or 296 72 44) or by post,
under reference number COMP/M.4370 — ENB/Cogas Energy, to the following address:

European Commission
Directorate-General for Competition
Merger Registry
J-70
B-1049 Bruxelles/Brussel

(1) OJ L 24, 29.1.2004, p. 1.
Case T-217/05: Order of the Court of First Instance of 27 June 2006 — Marker Völkl v OHIM — Icon Health & Fitness Italia (MOTION)
Date: 2006-09-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing, footwear industry, sport, sports equipment, trade-mark law

C 212/46

EN

Official Journal of the European Union

2.9.2006

In the alternative, the applicants seek an increase of 10 % of
the 40 % reduction of the fine granted under the Leniency
Notice on the ground that the Commission misapplied the
Leniency Notice in that Eka was not granted the highest reduc-
tion available within the relevant band, notwithstanding the
fact that its cooperation fully met the criteria established at
point 23, second paragraph, of the Leniency Notice. According
to the applicants, the Commission therefore violated the appli-
cant's legitimate expectations.

Furthermore,
the applicants contend that
violated the principle of equal treatment in that it treated:

the Commission

i) similar situations, i.e. that of Eka and Arkema who's coop-
eration fully met the criteria in point 23 of the Leniency
Notice,
in a different manner by granting the maximum
reduction available within the relevant band only to
Arkema, and

ii) different situations, i.e. that of Eka and Solvay, in a similar
manner by granting both a reduction of the fine which is
not the highest reduction available under the relevant band
even though Eka, according to the applicants, had contrib-
uted more valuable and timely cooperation than Solvay.

(1) Commission notice on immunity from fines and reduction of fines

in cartel cases (OJ 2002 C 45, p. 3)

Order of the Court of First Instance of 27 June 2006 —
Marker Völkl v OHIM — Icon Health & Fitness Italia
(MOTION)

(Case T-217/05) (1)

(2006/C 212/79)

Language of the case: German

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

(1) OJ C 205, 20.8.2005.

Order of the Court of First Instance of 5 July 2006 —
Deutsche Telekom v OHIM (Alles, was uns verbindet)

(Case T-18/06) (1)

(2006/C 212/80)

Language of the case: German

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

(1) OJ C 86, 8.4.2006.

Order of the Court of First Instance of 29 June 2006 —
UNIPOR-Ziegel-Marketing v OHIM-Dörken (DELTA)

(Case T-159/05) (1)

(2006/C 212/78)

Language of the case: German

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

Order of the Court of First Instance of 6 July 2006 —
Cofira-Sac v Commission

(Case T-43/06) (1)

(2006/C 212/81)

Language of the case: Italian

(1) OJ C 171, 9.7.2005.

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

(1) OJ C 86, 8.4.2006.
Case C-317/06: Action brought on 20 July 2006 — Commission of the European Communities v Kingdom of Spain
Date: 2006-09-02
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, labour law, national implementing measure, social dialogue, worker consultation, worker information

2.9.2006

EN

Official Journal of the European Union

C 212/25

Form of order sought

Pleas in law and main arguments

— declare that, by not adopting, and in any event by not noti-
fying to the Commission, the laws, regulations and adminis-
trative provisions necessary to comply with Directive
2002/92/EC (1) of
the
Council of 9 December 2002 on insurance mediation, the
Hellenic Republic has failed to fulfil its obligations under
Article 16 of that directive;

the European Parliament and of

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of the directive into domestic
law expired on 14 January 2005.

(1) OJ L 9, 15.1.2003, p. 3.

The period prescribed for transposing Directive 2004/26/EC
into national law expired on 20 May 2005.

(1) OJ L 146, p. 1.

Action brought on 20 July 2006 — Commission of the
European Communities v Kingdom of Spain

(Case C-317/06)

(2006/C 212/43)

Language of the case: Spanish

Action brought on 19 July 2006 — Commission of the
European Communities v Italian Republic

Parties

(Case C-313/06)

(2006/C 212/42)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Lawunmi and D. Recchia, Agents)

Defendant: Italian Republic

Form of order sought

the European Parliament and of

— Declare by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Directive
2004/26/EC (1) of
the
Council of 21 April 2004 amending Directive 97/68/EC on
the approximation of
the Member States
relating to measures against the emission of gaseous and
particulate pollutants from internal combustion engines to
be installed in non-road mobile machinery or, in any case,
by failing to communicate such measures to the Commis-
sion, the Italian Republic has failed to fulfil its obligations
under Article 3(1) of that directive.

the laws of

— Order the Italian Republic to pay the costs of the proceed-

ings.

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

Defendant: Kingdom of Spain

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2002/14/EC of the European Parliament and of the
Council of 11 March 2002 establishing a general frame-
work for informing and consulting employees in the Euro-
pean Community (1) and,
in any event, by failing to
communicate them to the Commission, the Kingdom of
Spain has failed to fulfil its obligations under that directive;

— order Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing Directive 2002/14/EC
into domestic law expired on 23 March 2005.

(1) OJ 2002 L 80, p. 29.
Case C-313/06: Action brought on 19 July 2006 — Commission of the European Communities v Italian Republic
Date: 2006-09-02
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, approximation of laws, combustion gases, motor vehicle, national implementing measure, prevention of pollution, technical standard

2.9.2006

EN

Official Journal of the European Union

C 212/25

Form of order sought

Pleas in law and main arguments

— declare that, by not adopting, and in any event by not noti-
fying to the Commission, the laws, regulations and adminis-
trative provisions necessary to comply with Directive
2002/92/EC (1) of
the
Council of 9 December 2002 on insurance mediation, the
Hellenic Republic has failed to fulfil its obligations under
Article 16 of that directive;

the European Parliament and of

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of the directive into domestic
law expired on 14 January 2005.

(1) OJ L 9, 15.1.2003, p. 3.

The period prescribed for transposing Directive 2004/26/EC
into national law expired on 20 May 2005.

(1) OJ L 146, p. 1.

Action brought on 20 July 2006 — Commission of the
European Communities v Kingdom of Spain

(Case C-317/06)

(2006/C 212/43)

Language of the case: Spanish

Action brought on 19 July 2006 — Commission of the
European Communities v Italian Republic

Parties

(Case C-313/06)

(2006/C 212/42)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Lawunmi and D. Recchia, Agents)

Defendant: Italian Republic

Form of order sought

the European Parliament and of

— Declare by failing to adopt the laws, regulations and admin-
istrative provisions necessary to comply with Directive
2004/26/EC (1) of
the
Council of 21 April 2004 amending Directive 97/68/EC on
the approximation of
the Member States
relating to measures against the emission of gaseous and
particulate pollutants from internal combustion engines to
be installed in non-road mobile machinery or, in any case,
by failing to communicate such measures to the Commis-
sion, the Italian Republic has failed to fulfil its obligations
under Article 3(1) of that directive.

the laws of

— Order the Italian Republic to pay the costs of the proceed-

ings.

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

Defendant: Kingdom of Spain

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2002/14/EC of the European Parliament and of the
Council of 11 March 2002 establishing a general frame-
work for informing and consulting employees in the Euro-
pean Community (1) and,
in any event, by failing to
communicate them to the Commission, the Kingdom of
Spain has failed to fulfil its obligations under that directive;

— order Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing Directive 2002/14/EC
into domestic law expired on 23 March 2005.

(1) OJ 2002 L 80, p. 29.
Corrigendum to Commission Regulation (EC) No 1512/2005 of 15 September 2005 amending Regulation (EC) No 753/2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products ( OJ L 241, 17.9.2005 )
Date: 2006-09-02
Institutions: European Commission
Subjects: designation of origin, labelling, preparation for market, product designation, viticulture, wine

L 240/20

EN

Official Journal of the European Union

2.9.2006

CORRIGENDA

Corrigendum to Commission Regulation (EC) No 1512/2005 of 15 September 2005 amending Regulation (EC)
No 753/2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the
description, designation, presentation and protection of certain wine sector products

(Official Journal of the European Union L 241 of 17 September 2005)

On page 26, in Annex I, in the second line ‘Vino de la Tierra’, in the fourth column ‘Language’:
insert:

‘Spanish’.
Case T-159/05: Order of the Court of First Instance of 29 June 2006 — UNIPOR-Ziegel-Marketing v OHIM-Dörken (DELTA)
Date: 2006-09-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), building materials, trade-mark law

C 212/46

EN

Official Journal of the European Union

2.9.2006

In the alternative, the applicants seek an increase of 10 % of
the 40 % reduction of the fine granted under the Leniency
Notice on the ground that the Commission misapplied the
Leniency Notice in that Eka was not granted the highest reduc-
tion available within the relevant band, notwithstanding the
fact that its cooperation fully met the criteria established at
point 23, second paragraph, of the Leniency Notice. According
to the applicants, the Commission therefore violated the appli-
cant's legitimate expectations.

Furthermore,
the applicants contend that
violated the principle of equal treatment in that it treated:

the Commission

i) similar situations, i.e. that of Eka and Arkema who's coop-
eration fully met the criteria in point 23 of the Leniency
Notice,
in a different manner by granting the maximum
reduction available within the relevant band only to
Arkema, and

ii) different situations, i.e. that of Eka and Solvay, in a similar
manner by granting both a reduction of the fine which is
not the highest reduction available under the relevant band
even though Eka, according to the applicants, had contrib-
uted more valuable and timely cooperation than Solvay.

(1) Commission notice on immunity from fines and reduction of fines

in cartel cases (OJ 2002 C 45, p. 3)

Order of the Court of First Instance of 27 June 2006 —
Marker Völkl v OHIM — Icon Health & Fitness Italia
(MOTION)

(Case T-217/05) (1)

(2006/C 212/79)

Language of the case: German

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

(1) OJ C 205, 20.8.2005.

Order of the Court of First Instance of 5 July 2006 —
Deutsche Telekom v OHIM (Alles, was uns verbindet)

(Case T-18/06) (1)

(2006/C 212/80)

Language of the case: German

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

(1) OJ C 86, 8.4.2006.

Order of the Court of First Instance of 29 June 2006 —
UNIPOR-Ziegel-Marketing v OHIM-Dörken (DELTA)

(Case T-159/05) (1)

(2006/C 212/78)

Language of the case: German

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

Order of the Court of First Instance of 6 July 2006 —
Cofira-Sac v Commission

(Case T-43/06) (1)

(2006/C 212/81)

Language of the case: Italian

(1) OJ C 171, 9.7.2005.

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

(1) OJ C 86, 8.4.2006.
Case T-306/03: Order of the Court of First Instance of 16 June 2006 — Volkswagen v OHIM (CLIMATIC) (Community trade mark — Partial refusal of registration — Withdrawal of the application for registration — No need to adjudicate)
Date: 2006-09-02
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), air conditioning, heating, physical process, trade-mark law

2.9.2006

EN

Official Journal of the European Union

C 212/29

Judgment of the Court of First Instance of 4 July 2006 —
easyJet Airline v Commission

Order of the Court of First Instance of 16 June 2006 —
Volkswagen v OHIM (CLIMATIC)

(Case T-177/04) (1)

(Case T-306/03) (1)

(Competition — Concentrations — Regulation (EEC) No
4064/89 — Decision declaring a concentration compatible
with the common market — Action brought by a third party
— Admissibility — Air transport market — Commitments)

(2006/C 212/51)

Language of the case: English

Parties

Applicant: easyJet Airline Co. Ltd (Luton, United Kingdom)
(represented by: initially by J. Cook, J. Parker and S. Dolan, Soli-
citors, and subsequently by M. Werner and M. Waha, avocats,
L. Mills, Solicitor, M. de Lasala Lobera and R. Malhotra,
avocats)

Defendant: Commission of the European Communities (repre-
sented by: P. Oliver, A. Bouquet and A. Whelan, Agents)

Intervener in support of
sented by: G. de Bergues, Agent)

the defendant: French Republic (repre-

Re:

(Community trade mark — Partial refusal of registration —
Withdrawal of the application for registration — No need to
adjudicate)

(2006/C 212/52)

Language of the case: German

Parties

Applicant: Volkswagen AG (Wolfsburg, Germany) (represented
by: S. Risthaus, lawyer)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: B. Müller and G.
Schneider, Agents)

Re:

Action brought against the decision of the Second Board of
Appeal of OHIM of 7 July 2003 (Case R 1012/2001-2)
regarding an application for registration of a figurative mark
containing the word sign CLIMATIC as a Community trade
mark

Operative part of the judgment

1. There is no longer any need to adjudicate on the action.

2. The applicant is ordered to pay the costs.

Annulment of the Commission Decision of 11 February 2004
declaring compatible with the common market the concentra-
tion between Air France and KLM (Case No COMP/M.3280 —
Air France/KLM) (OJ 2004 C 60, p. 5), whereby Air France was
to acquire full control of KML

(1) OJ C 289 of 29.11.2003

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders the applicant to bear its own costs and to pay those of the

Commission.

3. Orders the French Republic to bear its own costs.

Parties

Action brought on 26 April 2006 — Diy-Mar Insaat Sanayi
ve Ticaret and Akar v Commission

(Case T-129/06)

(2006/C 212/53)

Language of the case: German

(1) OJ C 201, 7.8.2004.

Applicants: Diy-Mar Insaat Sanayi ve Ticaret Limited Sirketi
(Cankaya/Ankara,
(Cankaya/Ankara, Turkey) and M. Akar
Turkey) (represented by: C. Sahin, lawyer)

Defendant: Commission of the European Communities