do-me/EUR-LEX huggingface dataset:
Case C-26/07: Action brought on 25 January 2007 — Commission of the European Communities v Hellenic Republic
Date: 2007-03-10
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, area of freedom, security and justice, help for victims, indemnification, national implementing measure

C 56/24

EN

Official Journal of the European Union

10.3.2007

The applicant claims that the Court should:

Pleas in law and main arguments

— declare that by failing to adopt the laws, regulations or
administrative provisions necessary to comply with Directive
2002/88/EC of the European Parliament and of the Council
of 9 December 2002 amending Directive 97/68/EC on the
approximation of the laws 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 (1) or, in any event, by failing
to notify such provisions to the Commission, Ireland has
failed to fulfil its obligations under Article 2 of that Direc-
tive.

— order Ireland to pay the costs of this Application.

Pleas in law and main arguments

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

(1) OJ L 35, p.28.

Action brought on 24 January 2007 — Commission of the
European Communities v Kingdom of Spain

(Case C-22/07)

(2007/C 56/45)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky and A. Alcover San Pedro, acting as
Agents)

Defendant: Kingdom of Spain

Form of order sought

the European Parliament and of

— Declare that, by failing to adopt all the laws regulations and
administrative measures necessary to comply with Directive
2004/27/EC (1) of
the
Council of 31 March 2004 amending Directive 2001/83/EC
on the Community code relating to medicinal products for
human use, and in any case, by failing to communicate
them the Commission, the Kingdom of Spain has failed to
fulfil its obligations under that Directive.

— Order the Kingdom of Spain to pay the costs.

The period prescribed for the transposition into national law of
Directive 2004/27/EC expired on 30 October 2005.

(1) OJ L 136, 2004, p. 34.

Action brought on 25 January 2007 — Commission of the
European Communities v Hellenic Republic

(Case C-26/07)

(2007/C 56/46)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Kontou and A.-M. Rouchaud-Joët)

Defendant: Hellenic Republic

Form of order sought

— 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 Council Direc-
tive 2004/80/EC (1) of 29 April 2004 relating to compensa-
tion to crime victims, 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

The time-limit
domestic law expired on 1 January 2006.

for

transposition of Directive 2004/80 into

(1) OJ L 261, 6.8.2004, p. 15.
Prior notification of a concentration (Case COMP/M.4508 — Alstom UK/Balfour Beatty/JV) Text with EEA relevance
Date: 2007-03-10
Institutions: European Commission
Subjects: Ireland, United Kingdom, building industry, economic concentration, exchange of information, merger control, rail transport

C 55/30

EN

Official Journal of the European Union

10.3.2007

Prior notification of a concentration

(Case COMP/M.4508 — Alstom UK/Balfour Beatty/JV)

(Text with EEA relevance)

(2007/C 55/08)

1.
On 23 February 2007, 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 Alstom UK Holdings Ltd
(‘Alstom UK’, United Kingdom) belonging to the group Alstom and Balfour Beatty Group Limited (‘Balfour
Beatty’, United Kingdom) belonging to Balfour Beatty plc establish within the meaning of Article 3(1)(b) of
the Council Regulation a newly created company constituting a joint venture, Signalling Solutions Limited
(‘Signalling Solutions’).

2.

The business activities of the undertakings concerned are:

— for Alstom UK: developing and offering a range of systems, equipment and services in the rail transport

market;

— for Balfour Beatty: engineering and construction of buildings; design, construction, equipping, mainte-

nance and management of rail assets;

— for Signalling Solutions: supply of rail signalling projects and equipment in the UK and Ireland.

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.4508 — Alstom UK/Balfour Beatty/JV, 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.
Corrigendum to Council Regulation (EC) No 2013/2006 of 19 December 2006 amending Regulations (EEC) No 404/93, (EC) No 1782/2003 and (EC) No 247/2006 as regards the banana sector ( OJ L 384, 29.12.2006 )
Date: 2007-03-10
Institutions: Council of the European Union
Subjects: EU aid, aid to agriculture, common commercial policy, common organisation of markets, peripheral region, regional aid, tropical fruit

L 71/18

EN

Official Journal of the European Union

10.3.2007

CORRIGENDA

Corrigendum to Council Regulation (EC) No 2013/2006 of 19 December 2006 amending Regulations (EEC)
No 404/93, (EC) No 1782/2003 and (EC) No 247/2006 as regards the banana sector

(Official Journal of the European Union L 384 of 29 December 2006)

On page 17, in Article 3 (Amendments to Regulation (EC) No 247/2006), in point 2 (new Article 24a):

for:

By 15 March 2007, Member States shall submit to the Commission the draft amendments to their overall

‘1.
programme to reflect the changes introduced by Regulation (EC) No 2011/2006 (*).

___________
(*) See page 1 of this Official Journal.’

read:

By 15 March 2007, Member States shall submit to the Commission the draft amendments to their overall

‘1.
programme to reflect the changes introduced by Regulation (EC) No 2013/2006 (*).

___________
(*) OJ L 384, 29.12.2006, p. 13.’
Prior notification of a concentration (Case COMP/M.4610 — TPG V/Apollo/Harrah's) — Candidate case for simplified procedure Text with EEA relevance
Date: 2007-03-10
Institutions: European Commission
Subjects: company with share capital, economic concentration, exchange of information, gaming establishment, investment, merger control

10.3.2007

EN

Official Journal of the European Union

C 55/31

Prior notification of a concentration

(Case COMP/M.4610 — TPG V/Apollo/Harrah's)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 55/09)

1.
On 28 February 2007, 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 TPG Advisors V Inc.
(‘TPG V’, USA) and Apollo Management L.P. (‘Apollo’, USA) acquire within the meaning of Article 3(1)(b) of
the Council Regulation joint control of the undertaking Harrah's Entertainment Inc. (‘Harrah's’, USA) by way
of purchase of shares in a company constituting a joint venture.

2.

The business activities of the undertakings concerned are:

— for undertaking TPG V: private equity fund;

— for undertaking Apollo: private equity fund;

— for undertaking Harrah's: owner and operator of casino entertainment facilities.

3.
On preliminary examination, the Commission finds that the notified transaction could fall within the
scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to
the Commission Notice on a simplified procedure for treatment of certain concentrations under Council
Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the
procedure set out in the Notice.

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.4610 — TPG V/Apollo/Harrah's, 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.
(2) OJ C 56, 5.3.2005, p. 32.
Case T-229/06: Order of the Court of First Instance of 12 January 2007 — Kretschmer v Parliament
Date: 2007-03-10
Institutions: Court of First Instance
Subjects: European Parliament, action for annulment (EU), allowances and expenses, consultancy, labour mobility, lawyer, servant (EU)

10.3.2007

EN

Official Journal of the European Union

C 56/39

Order of the Court of First Instance of 22 January 2007 —
BA.LA. di Lanciotti Vittorio and Others v Commission

Order of the Court of First Instance of 12 January 2007 —
Kretschmer v Parliament

(Case T-163/06) (1)

(2007/C 56/72)

Language of the case: Italian

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

(1) OJ C 190 of 12.8.2006.

(Case T-229/06) (1)

(2007/C 56/73)

Language of the case: French

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

(1) OJ C 294, 2.12.2006.
Corrigendum to Council Regulation (EC) No 2013/2006 of 19 December 2006 amending Regulations (EEC) No 404/93, (EC) No 1782/2003 and (EC) No 247/2006 as regards the banana sector (  OJ L 384, 29.12.2006)
Date: 2007-03-10
Institutions: Council of the European Union
Subjects: EU aid, aid to agriculture, common commercial policy, common organisation of markets, peripheral region, regional aid, tropical fruit

L 71/18

EN

Official Journal of the European Union

10.3.2007

CORRIGENDA

Corrigendum to Council Regulation (EC) No 2013/2006 of 19 December 2006 amending Regulations (EEC)
No 404/93, (EC) No 1782/2003 and (EC) No 247/2006 as regards the banana sector

(Official Journal of the European Union L 384 of 29 December 2006)

On page 17, in Article 3 (Amendments to Regulation (EC) No 247/2006), in point 2 (new Article 24a):

for:

By 15 March 2007, Member States shall submit to the Commission the draft amendments to their overall

‘1.
programme to reflect the changes introduced by Regulation (EC) No 2011/2006 (*).

___________
(*) See page 1 of this Official Journal.’

read:

By 15 March 2007, Member States shall submit to the Commission the draft amendments to their overall

‘1.
programme to reflect the changes introduced by Regulation (EC) No 2013/2006 (*).

___________
(*) OJ L 384, 29.12.2006, p. 13.’
Case T-231/04: Judgment of the Court of First Instance of 17 January 2007 — Greece v Commission (Action for annulment — Common diplomatic mission in Abuja (Nigeria) — Recovery of a debt by offsetting — Regulations (EC, Euratom) No 1605/2002 and No 2342/2002 — Principle of good faith in public international law)
Date: 2007-03-10
Institutions: Court of First Instance
Subjects: European Commission, Greece, Nigeria, action for annulment (EU), diplomatic representation, financing, operational programme

C 56/26

EN

Official Journal of the European Union

10.3.2007

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 17 January 2007
— Greece v Commission

Judgment of the Court of First Instance of 17 January 2007
— Georgia-Pacific v OHIM (embossed motif)

(Case T-231/04) (1)

(Action for annulment — Common diplomatic mission in
Abuja (Nigeria) — Recovery of a debt by offsetting — Regu-
lations (EC, Euratom) No 1605/2002 and No 2342/2002 —
Principle of good faith in public international law)

(2007/C 56/50)

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: P. Mylonopoulos
and V. Kyriazopoulos, Agents)

Defendant: Commission of the European Communities (repre-
sented by: D. Triantafyllou and F. Dintilhac, Agents)

Re:

Claim for annulment of the act of 10 March 2004 by which the
Commission proceeded to recovery by offsetting of sums due
from the Hellenic Republic following its participation in
building projects for the diplomatic mission of the Commission
and several Member States in Abuja (Nigeria)

Operative part of the judgment

The Court:

1. Orders the removal of the opinion of the Council's Legal Service of
26 June 1998, submitted by the Hellenic Republic as annex 12 to
its application, from the case-file;

2. Dismisses the action;

3. Orders the Hellenic Republic to pay the costs.

(Case T-283/04) (1)

(Community trade mark — Three-dimensional mark —
Embossed motif — Refusal of registration — Distinctiveness
— Article 7(1)(b) of Regulation (EC) No 40/94)

(2007/C 56/51)

Language of the case: French

Parties

Applicant: Georgia-Pacific Sàrl
lawyer)

(represented by: R. Delorey,

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: A. Rassat, Agent)

Re:

Action brought against the decision of the first Board of Appeal
of OHIM of 11 May 2004 (Case R 493/2003-1) regarding regis-
tration of a three-dimensional mark consisting of an embossed
motif.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant, Georgia-Pacific Sàrl, to pay the costs.

(1) OJ C 262, 23.10.2004.

Judgment of the Court of First Instance of 9 January 2007
— Van Neyghem v Committee of the Regions of the Euro-
pean Union

(Case T-288/04) (1)

(Officials — Appointment — Classification in grade and step
— Pay slip — Late complaint — Admissibility)

(2007/C 56/52)

Language of the case: Dutch

(1) OJ C 179, 10.7.2004 (formerly C-189/04).

Parties

Applicant: Kris Van Neyghem (Tirlemont, Belgium) (represented
by: D. Janssens, lawyer)
Euro exchange rates
Date: 2007-03-10
Institutions: European Commission
Subjects: euro, exchange rate

10.3.2007

EN

Official Journal of the European Union

C 55/1

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

9 March 2007

(2007/C 55/01)

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

1,3155

RON

Romanian leu

154,28

7,4488

SKK

TRY

Slovak koruna

Turkish lira

0,68060

AUD Australian dollar

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

3,3799

34,058

1,8703

1,6889

1,5469

10,2799

1,9085

2,0071

KRW South Korean won

1 244,13

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

MYR Malaysian ringgit

PHP

RUB

THB

Philippine peso

Russian rouble

Thai baht

9,7263

10,1879

7,3570

12 071,03

4,6095

63,762

34,4560

42,969

9,2933

1,6137

88,84

8,1120

1,9558

0,5794

28,168

15,6466

251,08

3,4528

0,7079

0,4293

3,8828

(1) Source:

reference exchange rate published by the ECB.
Case C-22/07: Action brought on 24 January 2007 — Commission of the European Communities v Kingdom of Spain
Date: 2007-03-10
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, legal code, medicinal product, national implementing measure, pharmaceutical legislation

C 56/24

EN

Official Journal of the European Union

10.3.2007

The applicant claims that the Court should:

Pleas in law and main arguments

— declare that by failing to adopt the laws, regulations or
administrative provisions necessary to comply with Directive
2002/88/EC of the European Parliament and of the Council
of 9 December 2002 amending Directive 97/68/EC on the
approximation of the laws 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 (1) or, in any event, by failing
to notify such provisions to the Commission, Ireland has
failed to fulfil its obligations under Article 2 of that Direc-
tive.

— order Ireland to pay the costs of this Application.

Pleas in law and main arguments

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

(1) OJ L 35, p.28.

Action brought on 24 January 2007 — Commission of the
European Communities v Kingdom of Spain

(Case C-22/07)

(2007/C 56/45)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky and A. Alcover San Pedro, acting as
Agents)

Defendant: Kingdom of Spain

Form of order sought

the European Parliament and of

— Declare that, by failing to adopt all the laws regulations and
administrative measures necessary to comply with Directive
2004/27/EC (1) of
the
Council of 31 March 2004 amending Directive 2001/83/EC
on the Community code relating to medicinal products for
human use, and in any case, by failing to communicate
them the Commission, the Kingdom of Spain has failed to
fulfil its obligations under that Directive.

— Order the Kingdom of Spain to pay the costs.

The period prescribed for the transposition into national law of
Directive 2004/27/EC expired on 30 October 2005.

(1) OJ L 136, 2004, p. 34.

Action brought on 25 January 2007 — Commission of the
European Communities v Hellenic Republic

(Case C-26/07)

(2007/C 56/46)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Kontou and A.-M. Rouchaud-Joët)

Defendant: Hellenic Republic

Form of order sought

— 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 Council Direc-
tive 2004/80/EC (1) of 29 April 2004 relating to compensa-
tion to crime victims, 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

The time-limit
domestic law expired on 1 January 2006.

for

transposition of Directive 2004/80 into

(1) OJ L 261, 6.8.2004, p. 15.
Case T-163/06: Order of the Court of First Instance of 22 January 2007 — BA.LA. di Lanciotti Vittorio and Others v Commission
Date: 2007-03-10
Institutions: Court of First Instance
Subjects: China, European Commission, Viet Nam, action for annulment (EU), anti-dumping duty, anti-dumping legislation, child, footwear industry

10.3.2007

EN

Official Journal of the European Union

C 56/39

Order of the Court of First Instance of 22 January 2007 —
BA.LA. di Lanciotti Vittorio and Others v Commission

Order of the Court of First Instance of 12 January 2007 —
Kretschmer v Parliament

(Case T-163/06) (1)

(2007/C 56/72)

Language of the case: Italian

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

(1) OJ C 190 of 12.8.2006.

(Case T-229/06) (1)

(2007/C 56/73)

Language of the case: French

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

(1) OJ C 294, 2.12.2006.
Case T-283/04: Judgment of the Court of First Instance of 17 January 2007 — Georgia-Pacific v OHIM (embossed motif) (Community trade mark — Three-dimensional mark — Embossed motif — Refusal of registration — Distinctiveness — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2007-03-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), household article, trade-mark law

C 56/26

EN

Official Journal of the European Union

10.3.2007

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance of 17 January 2007
— Greece v Commission

Judgment of the Court of First Instance of 17 January 2007
— Georgia-Pacific v OHIM (embossed motif)

(Case T-231/04) (1)

(Action for annulment — Common diplomatic mission in
Abuja (Nigeria) — Recovery of a debt by offsetting — Regu-
lations (EC, Euratom) No 1605/2002 and No 2342/2002 —
Principle of good faith in public international law)

(2007/C 56/50)

Language of the case: Greek

Parties

Applicant: Hellenic Republic (represented by: P. Mylonopoulos
and V. Kyriazopoulos, Agents)

Defendant: Commission of the European Communities (repre-
sented by: D. Triantafyllou and F. Dintilhac, Agents)

Re:

Claim for annulment of the act of 10 March 2004 by which the
Commission proceeded to recovery by offsetting of sums due
from the Hellenic Republic following its participation in
building projects for the diplomatic mission of the Commission
and several Member States in Abuja (Nigeria)

Operative part of the judgment

The Court:

1. Orders the removal of the opinion of the Council's Legal Service of
26 June 1998, submitted by the Hellenic Republic as annex 12 to
its application, from the case-file;

2. Dismisses the action;

3. Orders the Hellenic Republic to pay the costs.

(Case T-283/04) (1)

(Community trade mark — Three-dimensional mark —
Embossed motif — Refusal of registration — Distinctiveness
— Article 7(1)(b) of Regulation (EC) No 40/94)

(2007/C 56/51)

Language of the case: French

Parties

Applicant: Georgia-Pacific Sàrl
lawyer)

(represented by: R. Delorey,

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented by: A. Rassat, Agent)

Re:

Action brought against the decision of the first Board of Appeal
of OHIM of 11 May 2004 (Case R 493/2003-1) regarding regis-
tration of a three-dimensional mark consisting of an embossed
motif.

Operative part of the judgment

The Court:

1. Dismisses the action;

2. Orders the applicant, Georgia-Pacific Sàrl, to pay the costs.

(1) OJ C 262, 23.10.2004.

Judgment of the Court of First Instance of 9 January 2007
— Van Neyghem v Committee of the Regions of the Euro-
pean Union

(Case T-288/04) (1)

(Officials — Appointment — Classification in grade and step
— Pay slip — Late complaint — Admissibility)

(2007/C 56/52)

Language of the case: Dutch

(1) OJ C 179, 10.7.2004 (formerly C-189/04).

Parties

Applicant: Kris Van Neyghem (Tirlemont, Belgium) (represented
by: D. Janssens, lawyer)