do-me/EUR-LEX huggingface dataset:
Judgment of the Court of 26 June 2007 in Case E-2/06 — EFTA Surveillance Authority v The Kingdom of Norway (Conditions for concession for acquisition of hydropower resources — Scope of the EEA Agreement — Free movement of capital— Right of establishment — Indirect discrimination — Public ownership — Security of energy supply — Environmental protection — Proportionality)
Date: 2007-06-26
Institutions: EFTA Court
Subjects: EFTA Court, European Economic Area, Norway, hydraulic energy, ownership, power plant, supervisory body

C 301/18

EN

Official Journal of the European Union

13.12.2007

JUDGMENT OF THE COURT

of 26 June 2007

in Case E-2/06

EFTA Surveillance Authority v The Kingdom of Norway

(Conditions for concession for acquisition of hydropower resources — Scope of the EEA Agreement — Free movement
of capital— Right of establishment — Indirect discrimination — Public ownership — Security of energy supply —
Environmental protection — Proportionality)

(2007/C 301/10)

In Case E-2/06, EFTA Surveillance Authority v The Kingdom of Norway — Application for a declaration
that the Kingdom of Norway has infringed Articles 31 and 40 of the EEA Agreement by maintaining in
force measures as laid down in Act No 16 of 14 December 1917 relating to acquisition of Waterfalls, Mines
and Other Real Property etc. (lov 14. desember 1917 nr. 16 om erverv av vannfall, bergverk og annen fast eiendom
m.v.), which grant to private undertakings and all undertakings from other Contracting Parties to the EEA
Agreement a time-limited concession for the acquisition of waterfalls for energy production, with an obliga-
tion to surrender all installations to the Norwegian State without compensation at the expiry of the conces-
sion period, whereas Norwegian public undertakings benefit from concessions for an unlimited period of
time, the Court, composed of Carl Baudenbacher, President, Henrik Bull, Judge, and Thorgeir Örlygsson,
Judge-Rapporteur, gave judgment on 26 June 2007, the operative part of which is as follows:

1. Declares that the Kingdom of Norway has infringed Articles 31 and 40 of the EEA Agreement
by maintaining in force measures as laid down in Act No 16 of 14 December 1917 relating to
acquisition of Waterfalls, Mines and Other Real Property etc., which grant to private undertak-
ings and all undertakings from other Contracting Parties to the EEA Agreement, a time-limited
concession for the acquisition of waterfalls for energy production, with an obligation to
surrender all installations to the Norwegian State without compensation at the expiry of the
concession period, whereas Norwegian public undertakings benefit from concessions for an
unlimited period of time.

2. Orders the Kingdom of Norway to pay the costs of the proceedings.
Corrigendum to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data ( OJ L 8, 12.1.2001 )
Date: 2007-06-26
Institutions: Council of the European Union, European Parliament
Subjects: EU institution, data processing, data protection, data transmission, personal data

L 164/36

EN

Official Journal of the European Union

26.6.2007

CORRIGENDA

Corrigendum to Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December
2000 on the protection of individuals with regard to the processing of personal data by the Community
institutions and bodies and on the free movement of such data

(Official Journal of the European Union L 8 of 12 January 2001)

On page 15, second sentence of the second subparagraph in Article 26:

for:

read:

‘The registers may be inspected by any person directly or indirectly through the European Data Processing
Supervisor.’;
‘The registers may be inspected by any person directly or indirectly through the European Data Protection
Supervisor.’.
Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 — Modification by Italy of the public service obligation in respect of the following scheduled air services: Pantelleria-Palermo, Lampedusa-Palermo, Lampedusa-Catania, Lampedusa-Rome and Pantelleria-Rome   (Text with EEA relevance)
Date: 2007-06-26
Institutions: European Commission
Subjects: Italy, air transport, airline, inland transport, public service, transportation tariff

C 141/24

EN

Official Journal of the European Union

26.6.2007

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

Modification by Italy of the public service obligation in respect of the following scheduled air
and
services: Pantelleria-Palermo, Lampedusa-Palermo, Lampedusa-Catania, Lampedusa-Rome

Pantelleria-Rome

(Text with EEA relevance)

(2007/C 141/09)

In accordance with Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for
Community air carriers to intra-Community air routes (1), the Italian Government has decided to modify the
public service obligation in respect of the following scheduled air services: Pantelleria-Palermo, Lampedusa-
Palermo, Lampedusa-Catania, Lampedusa-Rome and Pantelleria-Rome, published in Official Journal of the
European Union C 305, 14.12.2006, p. 13, concerning point 2.4 on the fares applicable to these routes.

In accordance with point 2.4(b) of the public service obligation, the fares are revised as follows:

Route

Pantelleria-Palermo or vice versa

Lampedusa-Palermo or vice versa

Lampedusa-Catania or vice versa

Lampedusa-Rome or vice versa

Pantelleria-Rome or vice versa

Revised fare

EUR 32

EUR 34

EUR 34

EUR 66

EUR 66

The other requirements of the public service obligation published in OJ C 305, 14.12.2006, p. 13, remain
unchanged.

(1) OJ L 240, 24.8.1992, p. 8.
Amendment by France of public service obligations in respect of scheduled air services between Agen and Paris (Text with EEA relevance)
Date: 2007-06-26
Institutions: European Commission
Subjects: France, air transport, airline, inland transport, public service, transportation tariff

C 141/22

EN

Official Journal of the European Union

26.6.2007

Amendment by France of public service obligations in respect of scheduled air services between
Agen and Paris

(Text with EEA relevance)

(2007/C 141/07)

1.
France has decided to amend the public service obligation, pursuant to Article 4(1)(a) of Council Regu-
lation (EEC) No 2408/92 of 23 July 1992 on access for Community air carriers to intra-Community air
routes (1), in respect of scheduled air services between the airports of Agen (La Garenne) and Paris (Orly).
These obligations replace those published in Official Journal of the European Communities C 18 of 22.1.2002.

2.

The new public service obligation is as follows:

Minimum frequency

The minimum level of service provided, excluding public holidays and four consecutive weeks between
15 July and 10 September, must be:

— two return trips a day, morning and evening, from Monday to Friday inclusive, 225 days a year;

— one return trip on Sunday evening, 45 times a year.

The service must be non-stop between Agen (La Garenne) and Paris (Orly).

Type of aircraft used

The service must be operated with a pressurised turboprop or jet aircraft having a seating capacity of at
least 30.

Timetables

The timetables must allow passengers on business trips to make a round trip within the day from Agen
(La Garenne) and to spend at least eight hours in Paris.

Flight bookings

Seats on these flights must be marketed using at least one computerised booking system which can be
accessed by travel agencies.

Continuity of service

Except in cases of force majeure, the number of flights cancelled for reasons directly attributable to the carrier
must not exceed 3 % of the number of flights scheduled in any one year. The carrier must give six months'
notice before discontinuing the services.

Community carriers are hereby informed that the operation of air services without regard to the abovemen-
tioned public service obligations may result in administrative and/or criminal penalties.

Slots are currently reserved at Paris (Orly) airport for the scheduled Paris (Orly) — Agen service
3.
pursuant to Article 9 of Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the
allocation of slots at Community airports (2). Carriers interested in this route can obtain information on the
slots from the Paris airports coordinator.

(1) OJ L 240, 24.9.1992, p. 8.
(2) OJ L 14, 22.1.1993, p. 8. Regulation as last amended by Regulation (EC) No 793/2004 of the European Parliament and of

the Council (OJ L 138, 30.4.2004, p. 50).
Commission notice pursuant to Article 4(1)(a) of Council Regulation (EEC) No 2408/92 — Modification by Italy of the public service obligation in respect of the following scheduled air services: Alghero-Rome, Alghero-Milan, Cagliari-Rome, Cagliari-Milan, Olbia-Rome and Olbia-Milan   (Text with EEA relevance)
Date: 2007-06-26
Institutions: European Commission
Subjects: Italy, air transport, airline, inland transport, public service, transportation tariff

C 141/26

EN

Official Journal of the European Union

26.6.2007

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

Modification by Italy of the public service obligation in respect of the following scheduled air
services: Alghero-Rome, Alghero-Milan, Cagliari-Rome, Cagliari-Milan, Olbia-Rome and Olbia-Milan

(Text with EEA relevance)

(2007/C 141/11)

In accordance with Article 4(1)(a) of Council Regulation (EEC) No 2408/92 of 23 July 1992 on access for
Community air carriers to intra-Community air routes (1), the Italian Government has decided to modify the
public service obligation in respect of the following scheduled services: Alghero-Rome, Alghero-Milan,
Cagliari-Rome, Cagliari-Milan, Olbia-Rome and Olbia-Milan, published in Official Journal of the European
Union C 72, 24.3.2006, p. 4, concerning point 4.1 on the fares applicable to these routes.

In accordance with point 4.5 of the public service obligation, the fares are revised as follows:

Route

Maximum concessionary fare

Maximum non-concessionary
fare

Alghero-Rome or vice versa:

Alghero-Milan or vice versa

Cagliari-Rome and vice versa

Cagliari-Milan and vice versa

Olbia-Rome and vice versa

Olbia-Milan or vice versa

EUR 46

EUR 56

EUR 46

EUR 56

EUR 46

EUR 56

EUR 102

EUR 117

EUR 102

EUR 117

EUR 102

EUR 117

The other requirements of the public service obligation published in OJ C 72, 24.3.2006, p. 4, remain
unchanged.

(1) OJ L 240, 24.8.1992, p. 8.
Prior notification of a concentration (Case COMP/M.4723 — Eni/ExxonMobil (Hungarian, Czech and Slovak Package)) — Candidate case for simplified procedure Text with EEA relevance
Date: 2007-06-26
Institutions: European Commission
Subjects: economic concentration, exchange of information, lubricants, merger control, motor fuel, oil industry, retail selling

C 141/34

EN

Official Journal of the European Union

26.6.2007

Prior notification of a concentration

(Case COMP/M.4723 — Eni/ExxonMobil (Hungarian, Czech and Slovak Package))

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 141/18)

1.
On 19 June 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 Eni S.p.A. (‘Eni’, Italy)
acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of ExxonMobil
Hungaria (‘Esso Hungaria’, Hungary), Esso spols s.r.o (‘Esso Ceska’, Czech Republic) and Esso Slovensko spol,
s r.o. (‘Esso Slovensko’, Slovakia) and ExxonMobil's certain assets and contracts pertaining to the lubricants
business in these countries (‘Lubs Assets and Contracts’) by way of purchase of shares and assets.

2.

The business activities of the undertakings concerned are:

— for Esso Hungaria, Esso Ceska, Esso Slovensko: ExxonMobil's motor fuel retail sale and jet fuel supply in

Hungary, Czech Republic and Slovakia;

— for Lubs Assets and Contracts: marketing and sale of automotive and industrial lubricants in Czech

Republic, Hungary and Slovakia;

— for Eni: finding, producing, transporting, transforming and marketing oil and gas.

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.4723 — Eni/ExxonMobil
to the
following address:

(Hungarian, Czech and Slovak Package)

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.