do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.4646 — AXA/Banca Monte dei Paschi di Siena/JV) Text with EEA relevance
Date: 2007-07-21
Institutions: European Commission
Subjects: disclosure of information, economic concentration, financial institution, insurance, merger control, restrictive-practice authorisation

21.7.2007

EN

Official Journal of the European Union

C 169/15

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Non-opposition to a notified concentration

(Case COMP/M.4646 — AXA/Banca Monte dei Paschi di Siena/JV)

(Text with EEA relevance)

(2007/C 169/03)

On 16 July 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 32007M4646. EUR-Lex is the on-

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

Non-opposition to a notified concentration

(Case COMP/M.4728 — Red & Black/Valentino Fashion Group)

(Text with EEA relevance)

(2007/C 169/04)

On 17 July 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 32007M4728. EUR-Lex is the on-

line access to European law. (http://eur-lex.europa.eu)
Case T-185/07: Action brought on 29 May 2007 — Calvin Klein Trademark Trust v OHIM — Zafra Marroquineros (CK CREACIONES KENNYA)
Date: 2007-07-21
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing industry, leather industry, trade-mark law

C 170/34

EN

Official Journal of the European Union

21.7.2007

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘ANEW ALTER-
NATIVE’ for goods in class 3 — application No 4 357 919

Decision of the examiner: Refusal of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council
Regulation No 40/94 and of the principle of equal treatment.

Action brought on 29 May 2007 — Calvin Klein Trademark
Trust v OHIM — Zafra Marroquineros (CK CREACIONES
KENNYA)

(Case T-185/07)

(2007/C 170/66)

Language in which the application was lodged: Spanish

Parties

Applicant: Calvin Klein Trademark Trust
(Delaware, United
States) (represented by: T. Andrade Boué, M.I. Lehmann Novo
and A. Hernández Lehmann, lawyers)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Community trade mark concerned: The word mark ‘CK CREA-
CIONES KENNYA’ for goods in Classes 18 and 25 (application
No 3.386.604).

Proprietor of the mark or sign cited in the opposition proceedings: The
applicant.

Mark or sign cited in opposition: Primarily the Community figura-
tive mark ‘CK Calvin Klein’ (mark No 66.712) for goods and
services in Classes 3, 4, 8, 9, 14, 16, 20, 21, 24-27, 35 and 42
and the national marks ‘CK’ for goods in Classes 18 and 25.

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 8(1) and (5) of Regulation
(EC) No 40/94 (1) since there exists a likelihood of confusion
between the marks in dispute and the mark ‘CK’ is well known.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 29 May 2007 — Ashoka v OHIM
(DREAM IT, DO IT!)

(Case T-186/07)

(2007/C 170/67)

Language of the case: English

Other party to the proceedings before the Board of Appeal of OHIM:
Zafra Marroquineros, S.L.

Parties

Form of order sought

Applicant: Ashoka (Arlington, United States) (represented by: A.
Link and A. Jaeger-Lenz, lawyers)

— annulment of the contested decision of 29 March 2007 in

Case R 314/2006-2;

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

— rejection of Community word mark No 3 386 604 CK

CREACIONES KENNYA;

— order OHIM to pay the costs including those of the inter-

Form of order sought

vener.

Pleas in law and main arguments

— Annul the decision of the First Board of Appeal of the Office
for Harmonisation in the Internal Market (Trade Marks and
Designs) (OHIM) of 15 March 2007 (Case R 635/2006-1);

— order OHIM to bear its own costs and to pay those incurred

Applicant for a Community trade mark: Zafra Marroquineros, S.L.

by the applicant.
Case C-267/07: Action brought on 5 June 2007 — Commission of the European Communities v Republic of Slovenia
Date: 2007-07-21
Institutions: Court of Justice
Subjects: European Commission, Slovenia, action for failure to fulfil an obligation, high-speed transport, national implementing measure, rail transport, technical standard, trans-European network

C 170/18

EN

Official Journal of the European Union

21.7.2007

In their response to the Commission's letter of formal notice,
the Greek authorities acknowledged the failure to comply with
Article 15(2) of the directive and undertook to forward the
required report in June 2006. So far as concerns, however, the
Hellenic Republic's compliance with the obligations flowing
from Article 5(1) of the directive, the Greek authorities were
silent, despite the fact that the Commission in its letter of
formal notice cast doubt on whether the Hellenic Republic had
fulfilled its obligations under that article.

in June 2006 that

It was apparent from analysing the report which was finally
sent
the Hellenic Republic still had not
complied with the obligations that flow from Articles 5(1) and
15(2) of Directive 2000/60.

(1) OJ L 327, 22.12.2000, p. 1.

the European Parliament and of the Council of 29 April
2004 amending Council Directive 96/48/EC on the intero-
perability of the trans-European high-speed rail system and
Directive 2001/16/EC of the European Parliament and of
the Council on the interoperability of the trans-European
conventional rail system (OJ 2004 L 164, p. 114), or at any
event by failing to communicate those measures to the
Commission, the Republic of Slovenia has failed to fulfil its
obligations under that directive;

— order the Republic of Slovenia to pay the costs.

Pleas in law and main arguments

The period prescribed for the transposition into domestic law of
Directive 2004/50/EC expired on 29 April 2006.

(1) SL.ES Chapter 13 Volume 34 P. 838.

Action brought on 5 June 2007 — Commission of the
European Communities v Republic of Slovenia

(Case C-267/07)

(2007/C 170/32)

Language of the case: Slovene

Order of the President of the Court of 15 May 2007
(reference for a preliminary ruling from the Conseil d'Etat
— Belgium) — Clear Channel Belgium S.A. v City of Liège

Parties

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell and D. Kukovec, Agents)

Defendant: Republic of Slovenia

Form of order sought

(Case C-378/06) (1)

(2007/C 170/33)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

— declare that, by failing to adopt the laws and other provi-
sions necessary to comply with Directive 2004/50/EC (1) of

(1) OJ C 261, 28.10.2006.
Prior notification of a concentration (Case COMP/M.4709 — Apax Partners/Telenor Satellite Services) Text with EEA relevance
Date: 2007-07-21
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment, merger control, provision of services, telecommunications

21.7.2007

EN

Official Journal of the European Union

C 169/29

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.4709 — Apax Partners/Telenor Satellite Services)

(Text with EEA relevance)

(2007/C 169/10)

1.
On 13 July 2007, the Commission received a notification of a proposed concentration pursuant to
Article 4 and following a referral pursuant to Article 22(3) of Council Regulation (EC) No 139/2004 (1) by
which the undertaking Apax Partners S.A. (‘Apax’, France) acquires within the meaning of Article 3(1)(b) of
the Council Regulation control of the whole of the undertaking Telenor Satellite Services AS (‘TSS’, Norway)
by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Apax:

investment fund. Apax notably controls France Telecom Mobile Satellite Communications

(‘FTMSC’, France) active in the supply of satellite telecommunication services;

— for TSS: supply of satellite telecommunication services.

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 ((32-2) 296 43 01 or 296 72 44) or by post, under
reference number COMP/M.4709 — Apax Partners/Telenor Satellite Services, 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.4728 — Red & Black/Valentino Fashion Group) Text with EEA relevance
Date: 2007-07-21
Institutions: European Commission
Subjects: clothing industry, disclosure of information, economic concentration, industrial investment, merger control, restrictive-practice authorisation

21.7.2007

EN

Official Journal of the European Union

C 169/15

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Non-opposition to a notified concentration

(Case COMP/M.4646 — AXA/Banca Monte dei Paschi di Siena/JV)

(Text with EEA relevance)

(2007/C 169/03)

On 16 July 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 32007M4646. EUR-Lex is the on-

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

Non-opposition to a notified concentration

(Case COMP/M.4728 — Red & Black/Valentino Fashion Group)

(Text with EEA relevance)

(2007/C 169/04)

On 17 July 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 32007M4728. EUR-Lex is the on-

line access to European law. (http://eur-lex.europa.eu)
Euro exchange rates
Date: 2007-07-21
Institutions: European Commission
Subjects: euro, exchange rate

21.7.2007

EN

Official Journal of the European Union

C 169/17

COMMISSION

Euro exchange rates (1)

20 July 2007

(2007/C 169/06)

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

1,3803

RON

Romanian leu

SKK

TRY

Slovak koruna

Turkish lira

AUD Australian dollar

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

3,1365

33,136

1,752

1,5676

1,4405

10,7946

1,7339

2,0856

KRW South Korean won

1 262,97

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

9,51

10,4544

7,289

12 502,07

4,7068

61,837

35,081

41,057

168,46

7,4409

0,6722

9,1677

1,662

82,1

7,902

1,9558

0,5842

28,253

15,6466

245,63

3,4528

0,6978

0,4293

3,7568

(1) Source:

reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.4748 — T-Mobile/Orange Netherlands) Text with EEA relevance
Date: 2007-07-21
Institutions: European Commission
Subjects: communications systems, economic concentration, exchange of information, merger control, mobile phone, provision of services, telecommunications

C 169/30

EN

Official Journal of the European Union

21.7.2007

Prior notification of a concentration

(Case COMP/M.4748 — T-Mobile/Orange Netherlands)

(Text with EEA relevance)

(2007/C 169/11)

1.
On 13 July 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 T-Mobile Netherlands
Holding B.V., which is the holding company of T-Mobile Netherlands B.V.
(‘T-Mobile’, Netherlands),
belonging to the group Deutsche Telekom AG (Germany) acquires within the meaning of Article 3(1)(b) of
the Council Regulation control of the whole of the undertakings Orange Nederland N.V. (‘ONL’, Netherlands)
and Orange Nederland Breedband B.V. (‘ONB’, Netherlands) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for undertaking T-Mobile: Provision of mobile telephony services and operation of mobile telephony

network;

— for undertaking ONL: Provision of mobile telephony services and operation of mobile telephony

network;

— for undertaking ONB: Provision of access to broadband services.

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 ((32-2) 296 43 01 or 296 72 44) or by post, under
reference number COMP/M.4748 — T-Mobile/Orange Netherlands, 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 C-378/06: Order of the President of the Court of 15 May 2007 (reference for a preliminary ruling from the Conseil d'Etat — Belgium) — Clear Channel Belgium S.A. v City of Liège
Date: 2007-07-21
Institutions: Court of Justice
Subjects: advertising, award of contract, interpretation of the law, public property, services contract, urban infrastructure

C 170/18

EN

Official Journal of the European Union

21.7.2007

In their response to the Commission's letter of formal notice,
the Greek authorities acknowledged the failure to comply with
Article 15(2) of the directive and undertook to forward the
required report in June 2006. So far as concerns, however, the
Hellenic Republic's compliance with the obligations flowing
from Article 5(1) of the directive, the Greek authorities were
silent, despite the fact that the Commission in its letter of
formal notice cast doubt on whether the Hellenic Republic had
fulfilled its obligations under that article.

in June 2006 that

It was apparent from analysing the report which was finally
sent
the Hellenic Republic still had not
complied with the obligations that flow from Articles 5(1) and
15(2) of Directive 2000/60.

(1) OJ L 327, 22.12.2000, p. 1.

the European Parliament and of the Council of 29 April
2004 amending Council Directive 96/48/EC on the intero-
perability of the trans-European high-speed rail system and
Directive 2001/16/EC of the European Parliament and of
the Council on the interoperability of the trans-European
conventional rail system (OJ 2004 L 164, p. 114), or at any
event by failing to communicate those measures to the
Commission, the Republic of Slovenia has failed to fulfil its
obligations under that directive;

— order the Republic of Slovenia to pay the costs.

Pleas in law and main arguments

The period prescribed for the transposition into domestic law of
Directive 2004/50/EC expired on 29 April 2006.

(1) SL.ES Chapter 13 Volume 34 P. 838.

Action brought on 5 June 2007 — Commission of the
European Communities v Republic of Slovenia

(Case C-267/07)

(2007/C 170/32)

Language of the case: Slovene

Order of the President of the Court of 15 May 2007
(reference for a preliminary ruling from the Conseil d'Etat
— Belgium) — Clear Channel Belgium S.A. v City of Liège

Parties

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell and D. Kukovec, Agents)

Defendant: Republic of Slovenia

Form of order sought

(Case C-378/06) (1)

(2007/C 170/33)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

— declare that, by failing to adopt the laws and other provi-
sions necessary to comply with Directive 2004/50/EC (1) of

(1) OJ C 261, 28.10.2006.
Information communicated by Member States regarding State aid granted under Commission Regulation (EC) No 68/2001 on the application of Articles 87 and 88 of the EC Treaty to training aid   (Text with EEA relevance)
Date: 2007-07-21
Institutions: European Commission
Subjects: Belgium, State aid, control of State aid, vocational training

C 169/26

EN

Official Journal of the European Union

21.7.2007

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

(Text with EEA relevance)

(2007/C 169/08)

Reference number of the aid

Member State

Region

XT 63/07

Belgium

Vlaanderen

Title (and/or name of the beneficiary)

PSA Hesse-Noord Natie

Legal basis

Type of measure

Budget

Decreet van 31.1.2003

Individual aid

Annual budget: —; Overall budget: EUR 0,892 million

Maximum aid intensity

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

Date of implementation

Duration

Objective

Economic sectors

8.6.2007

1.9.2008

General training

Other services

Name and address of
authority

the granting

Agentschap Economie
Koning Albert II-laan 35, bus 12
B-1030 Brussel
Case C-254/07: Action brought on 30 May 2007 — Commission of the European Communities v Kingdom of Spain
Date: 2007-07-21
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, award of contract, energy production, national implementing measure, postal service, transport policy, water

C 170/16

EN

Official Journal of the European Union

21.7.2007

Parties to the main proceedings

Applicant: Gävle Kraftvärme AB

dures of entities operating in the water, energy, transport
and postal services sectors, or in any event by failing to
notify those provisions to the Commission, the Kingdom of
Spain has failed to fulfil its obligations under that directive;

Defendant: Länsstyrelsen i Gävleborgs län

— order the Kingdom of Spain to pay the costs.

Questions referred

Pleas in law and main arguments

1. Where a combined power and heating plant consists of a
number of units (furnaces), on interpretation of Directive
2000/76/EC (1) of
the
Council on the incineration of waste,
is each unit to be
assessed as a separate plant or is the assessment to cover the
combined power and heating plant as a whole?

the European Parliament and of

2. On interpretation of the Directive, is a plant constructed for
waste incineration but having as its main purpose the
production of energy to be classified as an incineration plant
or as a co-incineration plant?

(1) OJ L 332, p. 91.

The period within which Directive 2004/17/EC had to be trans-
posed expired on 31 January 2006.

(1) OJ 2004 L 134, p. 1.

Appeal brought on 1 June 2007 by Tokai Europe GmbH
against the order of the Court of First Instance (Fourth
Chamber) delivered on 19 March 2007 in Case T-183/04
the European
Tokai Europe GmbH v Commission of

Communities

(Case C-262/07P)

(2007/C 170/30)

Language of the case: German

Action brought on 30 May 2007 — Commission of the
European Communities v Kingdom of Spain

(Case C-254/07)

(2007/C 170/29)

Language of the case: Spanish

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Alcover San Pedro and D. Kukovec, 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 transpose Directive
2004/17/EC of the European Parliament and of the Council
of 31 March 2004 (1) coordinating the procurement proce-

Appellant: Tokai Europe GmbH (represented by G. Kroemer,
Rechtsanwalt)

Other party to the proceedings: Commission of
Communities

the European

Form of order sought

— set aside the order of the Court of First Instance of the Euro-
pean Communities of 19 March 2007 in Case T-183/04 (1)
and declare the application to be admissible;

— in the alternative, set aside the order referred to above and
refer the case back to the Court of First Instance in order for
it to give a ruling on the substance;

— order the respondent to pay the costs.