do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.4321 — Siemens/Bayer Diagnostics) Text with EEA relevance
Date: 2006-11-18
Institutions: European Commission
Subjects: economic concentration, exchange of information, medical device, medical diagnosis, merger control, restrictive-practice authorisation

C 280/24

EN

Official Journal of the European Union

18.11.2006

Non-opposition to a notified concentration

(Case COMP/M.4406 — FLEETCOR/CCS)

(2006/C 280/12)

(Text with EEA relevance)

On 6 November 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 website (http://ec.europa.eu/comm/competition/mergers/cases/). This
website 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 32006M4406. 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.4321 — Siemens/Bayer Diagnostics)

(2006/C 280/13)

(Text with EEA relevance)

On 31 October 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 website (http://ec.europa.eu/comm/competition/mergers/cases/). This
website 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 32006M4321. EUR-Lex is the on-

line access to European law. (http://ec.europa.eu/eur-lex/lex)
Case C-407/06: Action brought on 3 October 2006 — Commission of the European Communities v Kingdom of Belgium
Date: 2006-11-18
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, dangerous substance, environmental risk prevention, industrial hazard, national implementing measure, public health

18.11.2006

EN

Official Journal of the European Union

C 281/27

Form of order sought

Form of order sought

— declare that, by failing to fulfil the obligation under 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) to notify all the laws, regulations and
administrative provisions necessary for transposition of the
directive, the Republic of Estonia has failed to fulfil its obli-
gations under that directive;

— order the Republic of Estonia to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of the directive expired
on 23 March 2005.

— declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2003/105/EC of the European Parliament and of the
Council of 16 December 2003 amending Council Directive
96/82/EC on the control of major-accident hazards invol-
ving dangerous substances (1), or in any event by having
failed to communicate those provisions to the Commission,
the Kingdom of Belgium has failed to fulfil its obligations
under that directive;

— order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The period for the transposition of Directive 2003/105/EC
expired on 30 June 2005.

(1) OJ 2002 L 80, p. 29.

(1) OJ L 345, 31.12.2003, p. 97.

Action brought on 3 October 2006 — Commission of the
European Communities v Kingdom of Belgium

(Case C-407/06)

(2006/C 281/43)

Language of the case: French

Order of the President of the Court of 14 July 2006 —
the European Communities v Grand
Commission of
Duchy of Luxembourg

(Case C-416/05) (1)

(2006/C 281/44)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Schima and J. Hottiaux, Agents)

The President of
removed from the register.

the Court has ordered that

the case be

Defendant: Kingdom of Belgium

(1) OJ C 10, 14.1.2006.
Corrigendum to Council Regulation (EC) No 1412/2006 of 25 September 2006 concerning certain restrictive measures in respect of Lebanon ( OJ L 267, 27.9.2006 )
Date: 2006-11-18
Institutions: Council of the European Union
Subjects: Lebanon, financial aid, financing, international sanctions, military cooperation, military equipment, technical cooperation

18.11.2006

EN

Official Journal of the European Union

L 319/51

CORRIGENDA

Corrigendum to Council Regulation (EC) No 1412/2006 of 25 September 2006 concerning certain restrictive
measures in respect of Lebanon

(Official Journal of the European Union L 267 of 27 September 2006)

In the Annex, on page 6, the fax number in the following address has been changed:

for:

read:

‘Fax: (49-89) 70 90 97 38 00’
‘Fax: (49-69) 70 90 97 38 00’.
Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to training aid   (Text with EEA relevance)
Date: 2006-11-18
Institutions: European Commission
Subjects: Germany, State aid, control of State aid, exchange of information, vocational training

C 280/6

EN

Official Journal of the European Union

18.11.2006

Information communicated by Member States regarding State aid granted under Commission
Regulation (EC) No 68/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC
Treaty to training aid

(2006/C 280/03)

(Text with EEA relevance)

Aid No

Member State

Region

XT 30/06

Federal Republic of Germany

Freistaat Sachsen

Title of aid scheme or name of
company receiving individual aid

Guideline of the Saxony State Ministry for Economic Affairs and Labour to
promote the provision and filling of additional
in-house training places
(Support guideline on additional in-house training places) of 28 April 2006

Legal basis

Annual
overall
granted to the company

expenditure
amount of

planned
individual

Operationelles Programm zur Strukturfondsförderung des Freistaates Sachsen
2000-2006;

§§ 23, 44 der Haushaltsordnung des Freistaates Sachsen (Sächsische Haus-
haltsordnung — SäHO) in der Fassung der Bekanntmachung vom 10. April
2001 (SächsGVBl. S. 153), zuletzt geändert durch Artikel 10 des Gesetzes vom
13. Dezember 2002 (SächsGVBl. S. 333, 352)

Aid scheme

Annual overall amount

EUR 4,8 million

Loans guaranteed

Individual aid

Overall aid amount

Loans guaranteed

or
aid

Maximum aid intensity

In conformity with Article 4(2)-(7) of
Regulation

the

Yes

Date of implementation

1.9.2006

Duration of the scheme or individual
aid award

Until 31.7.2008

Objective of aid

General training

Specific training

Economic sectors concerned

All sectors eligible for training aid

Name and address of
authority

the granting

Sächsische Aufbaubank — Förderbank

Pirnaische Straße 9
D-01069 Dresden

Yes

No

Yes

Large individual aid grants

In conformity with Article 5 of the Regulation Yes
Case T-381/03: Order of the Court of First Instance of 27 September 2006 — Izar Construcciones Navales v Commission
Date: 2006-11-18
Institutions: Court of First Instance
Subjects: European Commission, Spain, State aid, action for annulment (EU), shipbuilding

18.11.2006

EN

Official Journal of the European Union

C 281/43

Considering the circumstances outlined above, the Commission
should have provided, as the applicants maintain, motivated
reasoning for clearing the notified operation. Having failed to
do so entails a violation of its duty to state reasons and thus of
Article 253 EC.

Order of the Court of First Instance of 27 September 2006
— Izar Construcciones Navales v Commission

(Case T-382/03) (1)

(2006/C 281/77)

Language of the case: Spanish

(1) OJ 2004 C 31, p. 5-18

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

(1) OJ C 21, 24.1.2004.

Order of the Court of First Instance of 27 September 2006
— Izar Construcciones Navales v Commission

(Case T-381/03) (1)

(2006/C 281/76)

Language of the case: Spanish

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

Order of the Court of First Instance of 27 September 2006
— Drazdansky v OHIM — Bad Heilbrunner Naturheil-
mittel (VITACAN)

(Case T-383/04) (1)

(2006/C 281/78)

Language of the case: German

(1) OJ C 21, 24.1.2004.

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

(1) OJ C 314, 18.12.2004.
Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 — Amendment of public service obligations imposed on certain scheduled air services within Portugal   (Text with EEA relevance)
Date: 2006-11-18
Institutions: European Commission
Subjects: Portugal, air transport, fuel tax, inland transport, provision of services, public service

C 280/14

EN

Official Journal of the European Union

18.11.2006

Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92

Amendment of public service obligations imposed on certain scheduled air services within
Portugal

(2006/C 280/07)

(Text with EEA relevance)

1. The Portuguese Government has decided to apply the provisions of Article 4(1)(a) of Regulation (EEC)
No 2408/92, with a view to revising the Commission notices (98/C 267/05) and (98/C 267/06)
published in the OJEC of 26 August 1998 on the amendment of public service obligations imposed on
scheduled air services operated on the following routes:

— Lisbon/Funchal/Lisbon

— Lisbon/Porto Santo/Lisbon

— Porto/Funchal/Porto

— Funchal/Porto Santo/Funchal

2. Fuel surcharge

In order to mitigate abnormal variations in the price of fuel, air carriers may impose a surcharge (SC) to
offset the additional costs arising from the increase in the price of fuel.

This surcharge will be revised quarterly and calculated according to the following formula (rounded off
to the nearest unit):

Where:

SC = k × (b - 50,00)

SC = Additional cost of fuel on return trips between Funchal and Porto Santo and single trips on the

other routes.

k

B

= 0,684862 × average USD/Euro exchange rate for the preceding quarter

= average barrel price in USD in the preceding quarter

3. The remaining public service obligations provided for in the notices (98/C 267/05) and (98/C 267/06)

of 26 August 1998 remain unchanged.

4. This notice shall enter into force on the date of its publication.
Prior notification of a concentration (Case COMP/M.4397 — CVC/Ferd/SIG) Text with EEA relevance
Date: 2006-11-18
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control, packaging, paperboard, plastics, shareholding

18.11.2006

EN

Official Journal of the European Union

C 280/15

Prior notification of a concentration

(Case COMP/M.4397 — CVC/Ferd/SIG)

(2006/C 280/08)

(Text with EEA relevance)

1.
On 10 November 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 CVC Capital
Partners Groupe Sàrl ( ‘CVC’ , Luxemburg) and Ferd AS ( ‘Ferd’ , Norway) acquire within the meaning of
Article 3(1)(b) of the Council Regulation joint control of SIG Holding Ltd ( ‘SIG’ , Switzerland) by way of
public bid announced on 6 November 2006 and of the carton packaging business and part of the plastic
packaging business of Elopak AS (‘Elopak Target’, Norway) by way of purchase of shares. Prior to the
proposed concentration the whole of Elopak AS is solely controlled by Ferd. Post-transaction Ferd will
keep sole control over the part of the plastic packaging business of Elopak AS that will not be transferred
to Elopak Target.

2.

The business activities of the undertakings concerned are:

— for CVC: management of investment funds;

— for Ferd: company holding equity interests in various undertakings, including Elopak AS;

— for SIG: supplier of carton and plastic packaging solutions;

— for Elopak Target: supplier of carton and plastic packaging solutions.

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.4397 — CVC/ Ferd/SIG, 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.
Prior notification of a concentration (Case COMP/M.4356 — Deutsche Bank/Berliner Bank) Text with EEA relevance
Date: 2006-11-18
Institutions: European Commission
Subjects: Germany, bank, banking, economic concentration, exchange of information, merger control

18.11.2006

EN

Official Journal of the European Union

C 280/17

Prior notification of a concentration

(Case COMP/M.4356 — Deutsche Bank/Berliner Bank)

(2006/C 280/10)

(Text with EEA relevance)

1.
On 10 November 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 Deutsche
Bank AG (Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of
the whole of the undertaking Berliner Bank (Germany) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— Deutsche Bank: Banking services worldwide,

— Berliner Bank: retail banking, including personal and business banking services, mainly in the area of

Berlin.

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.4356 — Deutsche Bank/Berliner Bank, 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.
Non-opposition to a notified concentration (Case COMP/M.4406 — FLEETCOR/CCS) Text with EEA relevance
Date: 2006-11-18
Institutions: European Commission
Subjects: economic concentration, electronic money, exchange of information, merger control, motor fuel, restrictive-practice authorisation

C 280/24

EN

Official Journal of the European Union

18.11.2006

Non-opposition to a notified concentration

(Case COMP/M.4406 — FLEETCOR/CCS)

(2006/C 280/12)

(Text with EEA relevance)

On 6 November 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 website (http://ec.europa.eu/comm/competition/mergers/cases/). This
website 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 32006M4406. 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.4321 — Siemens/Bayer Diagnostics)

(2006/C 280/13)

(Text with EEA relevance)

On 31 October 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 website (http://ec.europa.eu/comm/competition/mergers/cases/). This
website 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 32006M4321. EUR-Lex is the on-

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