do-me/EUR-LEX huggingface dataset:
Case T-384/06 R: Order of the President of the Court of First Instance of 28 March 2007 — IBP and International Building Products France v Commission (Interim measures — Application for suspension of operation — Competition — Payment of a fine — Bank guarantee — Lack of urgency)
Date: 2007-04-28
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), exchange of information, fine, piping, price agreement, restriction on competition, trade information, unlawful agreement

28.4.2007

EN

Official Journal of the European Union

C 96/37

Operative part of the order

Operative part of the order

1. The action is dismissed as inadmissible;

1. The application for interim measures is dismissed.

2. There is no need to adjudicate on the applications to intervene;

2. Costs are reserved.

3. The applicant is to bear its own costs and pay the costs of the

Parliament and the Council.

(1) OJ C 60, 11.3.2006.

Order of the President of the Court of First Instance of
28 March 2007 — IBP and International Building Products
France v Commission

(Case T-384/06 R)

Order of the Court of First Instance of 15 March 2007 —
Belgium v Commission

(Case T-5/07) (1)

(Action for annulment — Time-limit for bringing an action
— Unforeseeable circumstances — Excusable error — Mani-
fest inadmissibility)

(2007/C 96/77)

Language of the case: French

(Interim measures — Application for suspension of operation
— Competition — Payment of a fine — Bank guarantee —
Lack of urgency)

Parties

(2007/C 96/76)

Language of the case: English

Applicant: Kingdom of Belgium (represented by: L. Van den
Broeck, Agent, assisted by J.-P. Buyle and C. Steyaert, lawyers)

Defendant: Commission of the European Communities

Parties

Re:

Applicants: IBP Ltd (Tipton, West Midlands, United Kingdom)
and International Building Products France SA (Sartrouville,
France) (represented by: M. Clough and A. Aldred, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: M. Castillo de la Torre and V. Bottka, acting as
Agents)

Re:

Application for suspension of the operation of Article 2(c) and
(d) of the Commission Decision of 20 September 2006 relating
to a proceeding under Article 81 EC and Article 53 of the EEA
Agreement (Case COMP/F-1/38.121 — Fittings) and, in particu-
lar, for dispensation from the obligation to provide a bank guar-
antee imposed by the Commission's letter of 4 October 2006
notifying the applicants of the decision

Application for annulment of the Commission's decision set out
in the letter of 18 October 2006, refusing to repay the applicant
the sum paid by it in settlement of the principal amount owed
plus interest in respect of debts to the European Social Fund

Operative part of the order

1. The action is dismissed.

2. The applicant shall bear its own costs.

(1) OJ C 56, 10.3.2007.
Case F-1/07 R: Order of the President of the Civil Service Tribunal of 13 March 2007 — Chassagne v Commission (Application for interim measures — Application for suspension of operation — Urgency — None)
Date: 2007-04-28
Institutions: Civil Service Tribunal
Subjects: European Commission, action by staff, professional career, promotion, servant (EU), staff assessment, summary procedure

28.4.2007

EN

Official Journal of the European Union

C 95/57

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (Second Chamber)
of 15 March 2007 — Sanchez Ferriz v Commission

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and V. Joris, Agents)

(Case F-111/05) (1)

(Officials — Appraisal — Career development report —
2001-2002 appraisal procedure)

Re:

(2007/C 95/113)

Language of the case: French

First, application for annulment of
the list of Commission
temporary staff promoted during the 2006 procedure in so far
as it does not include the applicant and, secondly, an application
for damages

Parties

Applicant: Carlos Sanchez Ferriz (Brussels, Belgium) (represented
by: F. Frabetti, lawyer)

Operative part of the order

Defendant: Commission of the European Communities (repre-
sented by: J. Currall and H. Kraemer, Agents)

1. The application for interim measures is dismissed.

Re:

2. Costs are reserved.

Application for annulment of the applicant's career development
report for the period 2001-2002

Operative part of the judgment

The Tribunal:

1. dismisses the application;

2. orders each party to bear its own costs.

(1) OJ C 48, 25.2.2006, p. 36 (case initially registered before the Court
the European Communities under number
of First
T-413/05 and transferred to the Civil Service Tribunal of the Euro-
pean Union by order of 15.12.2005).

Instance of

Action brought on 26 February 2007 — O'Connor v
Commission

(Case F-12/07)

(2007/C 95/115)

Language of the case: French

Order of the President of the Civil Service Tribunal of
13 March 2007 — Chassagne v Commission

(Case F-1/07 R)

(Application for interim measures — Application for suspen-
sion of operation — Urgency — None)

Parties

Applicant: Elizabeth O'Connor (Brussels, Belgium) (represented
by: S. Orlandi, A. Coolen, J.-N. Louis and E. Marchal, lawyers)

Defendant: Commission of the European Communities

(2007/C 95/114)

Language of the case: French

Form of order sought

Parties

— annul the Commission's decision to set at 11 months and
25 days the maximum period for the award of an unem-
ployment allowance to the applicant;

Applicant: Olivier Chassagne (Brussels, Belgium) (represented by:
Y. Minatchy, lawyer)

— order the defendant to pay the costs.
Case C-124/07: Reference for a preliminary ruling from the Hoge Raad der Nederlanden lodged on 2 March 2007 — J.C.M. Beheer B.V. v Staatssecretaris van Financiën
Date: 2007-04-28
Institutions: Court of Justice
Subjects: VAT, broker, insurance contract, insurance occupation, interpretation of the law, legal person

28.4.2007

EN

Official Journal of the European Union

C 95/33

Reference for a preliminary ruling from the Hoge Raad der
Nederlanden lodged on 2 March 2007 — J.C.M. Beheer B.V.
v Staatssecretaris van Financiën

(Case C-124/07)

(2007/C 95/62)

Language of the case: Dutch

Question referred

The following question is referred to the Court of Justice of the
European Communities in Luxembourg pursuant to Article 234
EC: Does Article 90 EC prevent the application of Paragraph 1
of the Regulation of the Minister for Infrastructure of 28 July
2003 on the amount of the charges for a vehicle registration
card to the extent that it makes registration of a vehicle brought
in from outside the Republic of Poland, from another Member
State, dependent upon payment of a charge for issue of a
vehicle registration card amounting to PLN 500?

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant: J.C.M. Beheer B.V.

Defendant: Staatssecretaris van Financiën

Question referred

Do the provisions of Article 13 B(a) of the Sixth Directive (1)
extend to activities of a (legal) person which performs character-
istic and essential activities of an insurance broker and insurance
agent, whereby negotiations are carried out in the name of
another insurance broker or insurance agent in connection with
the bringing about of insurance transactions?

Action brought on 13 March 2007 — Commission of the
European Communities v Kingdom of Sweden

(Case C-145/07)

(2007/C 95/64)

Language of the case: Swedish

(1) Sixth Council Directive 77/388/EEG of 17 May 1977 on the harmo-
nisation of the laws of the Member States relating to turnover taxes
— Common system of value added tax: uniform basis of assessment,
OJ 1977 L 145, p. 1.

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

Parties

Defendant: Kingdom of Sweden

Form of order sought

— declare that, by failing to adopt the laws, regulation and
administrative provisions necessary to comply with Directive
2003/42/EC of the European Parliament and of the Council
of 13 June 2003 (1) on occurrence reporting in civil aviation
or,
in any event, by failing to notify the Commission
thereof, the Kingdom of Sweden has failed to fulfil its obli-
gations under the Directive, and

— order the Kingdom of Sweden to pay the costs.

Pleas in law and main arguments

The time-limit for implementing the Directive expired on 4 July
2005.

(1) OJ 2003 L 167, p. 23.

Reference for a preliminary ruling from the Sąd Rejonowy
w Jaworznie (Republic of Poland) lodged on 7 March 2007
— Piotr Kawala v Gmina Miasta Jaworzna

(Case C-134/07)

(2007/C 95/63)

Language of the case: Polish

Referring court

Sąd Rejonowy w Jaworznie

Parties to the main proceedings

Applicant: Piotr Kawala

Defendant: Gmina Miasta Jaworzna
Case C-134/06: Order of the President of the Court of 16 February 2007 — Commission of the European Communities v Hellenic Republic
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, national implementing measure, professional qualifications, recognition of diplomas, veterinarian, vocational training

C 96/28

EN

Official Journal of the European Union

28.4.2007

Order of the President of the Court of 16 February 2007
— Commission of the European Communities v Hellenic
Republic

Order of the President of the Seventh Chamber of the
Court of 21 March 2007 — Commission of the European
Communities v Republic of Estonia

(Case C-134/06) (1)

(2007/C 96/51)

(Case C-178/06) (1)

(2007/C 96/54)

Language of the case: Greek

Language of the case: Estonian

The President of
removed from the register.

the Court has ordered that

the case be

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

(1) OJ C 108, 6.5.2006.

(1) OJ C 143, 17.6.2006.

Order of the President of the Eighth Chamber of the Court
the European
of 2 February 2007 — Commission of

Communities v Republic of Finland

Order of the President of the Court of 27 February 2007
— Commission of the European Communities v Federal
Republic of Germany

(Case C-153/06) (1)

(2007/C 96/52)

(Case C-253/06) (1)

(2007/C 96/55)

Language of the case: Swedish

Language of the case: German

The President of the Eighth 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 131, 3.6.2006.

(1) OJ C 273, 30.9.2006.

Order of the President of the Court of 6 March 2007
(reference for a preliminary ruling from the Court of
Appeal — United Kingdom) — Northern Foods Plc, The
Queen v Secretary of State for the Environment, Food and
Rural Affairs, Interested Party: The Melton Mowbray Pork
Pie Association

Order of the President of the Court of 18 April 2007
(reference for a preliminary ruling from the Cour d'appel
de
Zürich
Versicherungs-Gesellschaft v Office Benelux de la propriété
intellectuelle formerly known as Bureau Benelux des
Marques

Bruxelles

Belgium)

—

—

(Case C-169/06) (1)

(2007/C 96/53)

(Case C-254/06) (1)

(2007/C 96/56)

Language of the case: English

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 121, 20.5.2006.

(1) OJ C 212, 2.9.2006.
Case T-129/05: Order of the Court of First Instance of 19 April 2007 — Wal-Mart Stores v OHIM — Sánchez Villar (WAL-MART)
Date: 2007-04-28
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), machine-tool industry, supermarket, trade-mark law

C 96/38

EN

Official Journal of the European Union

28.4.2007

Order of the Court of First Instance of 19 April 2007 —
Wal-Mart Stores v OHIM — Sánchez Villar (WAL-MART)

Order of the Court of First Instance (Third Chamber) of
22 March 2007 — TUI v OHIM

(Case T-129/05) (1)

(2007/C 96/78)

Language of the case: Spanish

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

(1) OJ C 115, 14.5.2005.

(Case T-325/05) (1)

(2007/C 96/79)

Language of the case: German

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

(1) OJ C 257, 15.10.2005.
Prior notification of a concentration (Case COMP/M.4604 — CapMan/Walki Wisa) — Candidate case for simplified procedure Text with EEA relevance
Date: 2007-04-28
Institutions: European Commission
Subjects: company with share capital, economic concentration, exchange of information, merger control, packaging, paperboard

28.4.2007

EN

Official Journal of the European Union

C 94/117

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.4604 — CapMan/Walki Wisa)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 94/20)

1.
On 20 April 2007, 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 Ramvais Oy (Finland) belonging to the group CapMan (‘CapMan’, Finland) acquires
within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakings
Walki Wisa Oy, (Finland), Walki Wisa GmbH (Germany) and Walki Wisa Ltd (United Kingdom), (together
‘Walki Wisa’) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for CapMan: private equity fund group (jointly controlling the company A&R Carton, active in

converting folding carton packaging);

— for Walki Wisa: producer of wrappings and composite materials for industrial applications, including

barrier board.

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 ((32-2) 296 43 01 or 296 72 44) or by post, under
reference number COMP/M.4604 — CapMan/Walki Wisa, 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 C-351/06: Order of the President of the Court of 6 March 2007 — Commission of the European Communities v Federal Republic of Germany
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, advertising, approximation of laws, national implementing measure, sponsorship, tobacco

28.4.2007

EN

Official Journal of the European Union

C 96/29

Order of the President of the Court of 6 March 2007 —
the European Communities v Federal
Commission of
Republic of Germany

(Case C-351/06) (1)

(2007/C 96/57)

Language of the case: German

Order of the President of the Court of 22 March 2007
(reference for a preliminary ruling from the Commissione
tributaria provinciale di Milano — Italy) — Bakemark
Italia Srl v Agenzia Entrate Ufficio Milano 1

(Case C-386/06) (1)

(2007/C 96/60)

Language of the case: Italian

The President of
removed from the register.

the Court has ordered that

the case be

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 249, 14.10.2006.

(1) OJ C 294, 2.12.2006.

Order of the President of the Court of 19 March 2007
(reference for a preliminary ruling from the Korkein
hallinto-oikeus — Finland) — DNA Verkot Oy, intervener:
Sonera Mobile Networks Oy, Viestintävirasto

(Case C-366/06) (1)

(2007/C 96/58)

Language of the case: Finnish

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 281, 18.11.2006.

Order of the President of the Court of 17 April 2007
(reference for a preliminary ruling from the Fővárosi
Bíróság — Republic
of Hungary) — Vodafone
Innomed Medical
Magyarország Mobil Távközlési Zrt.,
Orvostechnikai Rt. v Magyar Állam, Budapest Főváros
Esztergom Város Önkormányzat
Képviselő-testülete,

Képviselő-testülete

(Case C-447/06) (1)

(2007/C 96/61)

Language of the case: Hungarian

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 326, 30.12.2006.

Order of the President of the Court of 8 March 2007 —
the European Communities v United
Commission of

Kingdom of Great Britain and Northern Ireland

(Case C-367/06) (1)

(2007/C 96/59)

Language of the case: English

The President of
removed from the register.

the Court has ordered that

the case be

for

Order of the President of the Court of 12 April 2007
(reference
from the
preliminary
Bundesverwaltungsgericht — Germany) — 01051 Telecom
GmbH v Bundesrepublik Deutschland intervener: Vodafone
D2 GmbH

ruling

a

(Case C-453/06) (1)

(2007/C 96/62)

Language of the case: German

(1) OJ C 261, 28.10.2006.

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 326, 30.12.2006.
Non-opposition to a notified concentration (Case COMP/M.4456 — Mahle/Dana EPG) Text with EEA relevance
Date: 2007-04-28
Institutions: European Commission
Subjects: economic concentration, engine, merger control, restrictive-practice authorisation, vehicle

28.4.2007

EN

Official Journal of the European Union

C 94/21

Non-opposition to a notified concentration

(Case COMP/M.4456 — Mahle/Dana EPG)

(Text with EEA relevance)

(2007/C 94/08)

On 6 March 2007, 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 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 32007M4456. EUR-Lex is the on-

line access to European law. (http://eur-lex.europa.eu)
Case C-134/07: Reference for a preliminary ruling from the Sąd Rejonowy w Jaworznie (Republic of Poland) lodged on 7 March 2007 — Piotr Kawala v Gmina Miasta Jaworzna
Date: 2007-04-28
Institutions: Court of Justice
Subjects: Poland, interpretation of the law, intra-EU trade, tax system, vehicle registration

28.4.2007

EN

Official Journal of the European Union

C 95/33

Reference for a preliminary ruling from the Hoge Raad der
Nederlanden lodged on 2 March 2007 — J.C.M. Beheer B.V.
v Staatssecretaris van Financiën

(Case C-124/07)

(2007/C 95/62)

Language of the case: Dutch

Question referred

The following question is referred to the Court of Justice of the
European Communities in Luxembourg pursuant to Article 234
EC: Does Article 90 EC prevent the application of Paragraph 1
of the Regulation of the Minister for Infrastructure of 28 July
2003 on the amount of the charges for a vehicle registration
card to the extent that it makes registration of a vehicle brought
in from outside the Republic of Poland, from another Member
State, dependent upon payment of a charge for issue of a
vehicle registration card amounting to PLN 500?

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant: J.C.M. Beheer B.V.

Defendant: Staatssecretaris van Financiën

Question referred

Do the provisions of Article 13 B(a) of the Sixth Directive (1)
extend to activities of a (legal) person which performs character-
istic and essential activities of an insurance broker and insurance
agent, whereby negotiations are carried out in the name of
another insurance broker or insurance agent in connection with
the bringing about of insurance transactions?

Action brought on 13 March 2007 — Commission of the
European Communities v Kingdom of Sweden

(Case C-145/07)

(2007/C 95/64)

Language of the case: Swedish

(1) Sixth Council Directive 77/388/EEG of 17 May 1977 on the harmo-
nisation of the laws of the Member States relating to turnover taxes
— Common system of value added tax: uniform basis of assessment,
OJ 1977 L 145, p. 1.

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

Parties

Defendant: Kingdom of Sweden

Form of order sought

— declare that, by failing to adopt the laws, regulation and
administrative provisions necessary to comply with Directive
2003/42/EC of the European Parliament and of the Council
of 13 June 2003 (1) on occurrence reporting in civil aviation
or,
in any event, by failing to notify the Commission
thereof, the Kingdom of Sweden has failed to fulfil its obli-
gations under the Directive, and

— order the Kingdom of Sweden to pay the costs.

Pleas in law and main arguments

The time-limit for implementing the Directive expired on 4 July
2005.

(1) OJ 2003 L 167, p. 23.

Reference for a preliminary ruling from the Sąd Rejonowy
w Jaworznie (Republic of Poland) lodged on 7 March 2007
— Piotr Kawala v Gmina Miasta Jaworzna

(Case C-134/07)

(2007/C 95/63)

Language of the case: Polish

Referring court

Sąd Rejonowy w Jaworznie

Parties to the main proceedings

Applicant: Piotr Kawala

Defendant: Gmina Miasta Jaworzna