do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.4850 — CVC/DSI) Text with EEA relevance
Date: 2007-08-29
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control, technology

29.8.2007

EN

Official Journal of the European Union

C 201/21

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.4850 — CVC/DSI)

(Text with EEA relevance)

(2007/C 201/07)

1.
On 21 August 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 MFG Holding (Deutschland)
GmbH (‘MFG’, Germany) controlled by CVC Capital Partners Group Sarl (‘CVC’, Luxemburg), acquires within
the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking DSI
Holding GmbH (‘DSI’, Germany) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for MFG: acquisition vehicle,

— for CVC: provision of investment and management advice to investment funds,

— for DSI: development, manufacture and supply of

tension technology components and systems
(‘DYWIDAG’ post-tensioning and geotechnical tensioning systems for construction and mining indus-
tries).

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.4850 — CVC/DSI, 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.
Notice of the expiry of certain anti-dumping measures
Date: 2007-08-29
Institutions: European Commission
Subjects: China, Malaysia, South Korea, Thailand, anti-dumping duty, import, originating product, television equipment

C 201/20

EN

Official Journal of the European Union

29.8.2007

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON
COMMERCIAL POLICY

COMMISSION

Notice of the expiry of certain anti-dumping measures

(2007/C 201/06)

Further to the publication of a notice of impending expiry (1), following which no duly substantiated request
for a review was received, the Commission gives notice that the anti-dumping measures mentioned below
will shortly expire.

This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 384/96 of
22 December 1995 (2) on protection against dumped imports from countries not members of the European
Community.

Product

Country(ies) of origin or
exportation

Measures

Reference

Date of expiry

Colour
vers

television recei-

Anti-dumping
duty

People's Republic of
China

Republic of Korea

Malaysia

Thailand

Regulation

Council
(EC)
No 1531/2002 (OJ L 231,
last
p.
29.8.2002,
amended by Regulation (EC)
No
93,
31.3.2006, p. 26)

511/2006

(OJ

1)

as

L

30.8.2007

(1) OJ C 288, 25.11.2006, p. 2.
(2) OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).
Case F-88/07: Action brought on 29 August 2007 — Dominguez Gonzalez v Commission
Date: 2007-08-29
Institutions: Civil Service Tribunal
Subjects: ECHO, European Commission, action by staff, medical examination, termination of a contract

C 37/34

EN

Official Journal of the European Union

9.2.2008

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal of 7 November
2007 — Jacques Hinderyckx v Council

Action brought on 29 August 2007 — Dominguez
Gonzalez v Commission

(Case F-57/06) (1)

(Officials — Promotion — 2005 Promotion Exercise —
Non-inclusion in list of promoted officials — Infringement of
Article 45 of the Staff Regulations — Consideration of
from different
comparative merits — Staff

reports

institutions)

(Case F-88/07)

(2008/C 37/56)

Language of the case: Spanish

(2008/C 37/55)

Parties

Language of the case: French

Applicant: Juan Luís Domínguez González (Girona, Spain) (repre-
sented by: R. Nicolazzi Angelats, lawyer)

Defendant: Commission of the European Communities

Parties

Applicant:
by: J.Martin, lawyer)

Jacques Hinderyckx (Brussels, Belgium)

(represented

Defendant: Council of the European Union (represented by: M.
Simm and M. Bauer, agents)

Form of order sought

— order the defendant to pay the applicant EUR 20 310,68 for
damages, not including material and personal damages, and
the costs of the application;

— order the defendant to pay the costs.

Re:

Pleas in law and main arguments

Annulment of the decision not to promote the applicant to
Grade B*8 in the 2005 promotion exercise, and application for
compensation

Operative part of the judgment

The Tribunal:

1. dismisses the action;

2. orders the Council of the European Union, in addition to its own

costs, to bear one third of the costs of Mr Hinderyckx

3. orders Mr Hinderyckx to bear two thirds of his costs.

(1) OJ C 178 of 29.7.2006, p. 34.

This application seeks compensation for damages, which,
according to the applicant, arise from the Commission's deci-
sion of 20 July 1999 to terminate his contract with the Huma-
nitarian Aid Department of the European Community (ECHO)
that he signed on 1 July 1999 after passing the medical exami-
nation provided for in the contract.

In support of his application the applicant claims principally
that:

— the contract was terminated on the basis of an examination
of his medical problems which was conducted without using
up to date information and therefore without taking account
of his current state of health;

— he did not receive any answer to the series of letters sent to
the responsible persons at ECHO in order to rectify the
earlier error.

— the Commission breached the terms of the contract stipu-
lating that it could enter into force only when the employ-
ee's state of health had been positively evaluated.

— the Commission infringed his rights of defence.
Corrigendum to Council Regulation (EC, Euratom) No 202/2005 of 18 January 2005 amending Regulation No 422/67/EEC, No 5/67/Euratom determining the emoluments of the President and Members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the Court of First Instance ( OJ L 33, 5.2.2005 )
Date: 2007-08-29
Institutions: Council of the European Union
Subjects: Court of Justice of the European Union, European civil service, General Court (EU), pay

29.8.2007

EN

Official Journal of the European Union

L 224/7

CORRIGENDA

Corrigendum to Council Regulation (EC, Euratom) No 202/2005 of 18 January 2005 amending Regulation
No 422/67/EEC, No 5/67/Euratom determining the emoluments of
the
Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the
President, Members and Registrar of the Court of First Instance

the President and Members of

(Official Journal of the European Union L 33 of 5 February 2005)

On page 1, Article 1, point 1:

for:

‘1. the title shall be replaced by the following:

‘Regulation No 422/67/EEC, 5/67/Euratom of the Council of 25 July 1967 determining the emoluments of the
President and members of the Commission and of the President, Judges, Advocates-General and Registrar of the
Court of Justice and of the President, Members and Registrar of the European Union Civil Service Tribunal’;’,

read:

‘1. the title shall be replaced by the following:

‘Regulation No 422/67/EEC, No 5/67/Euratom of the Council of 25 July 1967 determining the emoluments of
the President and Members of the Commission, of the President, Judges, Advocates-General and Registrar of the
Court of Justice, of the President, Members and Registrar of the Court of First Instance and of the President,
Members and Registrar of the European Union Civil Service Tribunal’;’.
Commission Regulation (EC) No 997/2007 of 29 August 2007 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2007-08-29
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, grape, import price, pip fruit, stone fruit

30.8.2007

EN

Official Journal of the European Union

L 226/1

(Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory)

I

REGULATIONS

COMMISSION REGULATION (EC) No 997/2007

of 29 August 2007

establishing the standard import values for determining the entry price of certain fruit and
vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Commission Regulation (EC) No 3223/94 of
21 December 1994 on detailed rules for the application of the
fruit and vegetables (1), and in
import arrangements
particular Article 4(1) thereof,

for

Whereas:

in
standard values for imports from third countries,
respect of the products and periods stipulated in the
Annex thereto.

(2)

the standard
In compliance with the above criteria,
import values must be fixed at the levels set out in the
Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 4 of Regu-
lation (EC) No 3223/94 shall be fixed as indicated in the Annex
hereto.

(1)

Regulation (EC) No 3223/94 lays down, pursuant to the
outcome of the Uruguay Round multilateral trade nego-
tiations, the criteria whereby the Commission fixes the

This Regulation shall enter into force on 30 August 2007.

Article 2

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 August 2007.

For the Commission

Jean-Luc DEMARTY
Director-General for Agriculture and
Rural Development

(1) OJ L 337, 24.12.1994, p. 66. Regulation as last amended by Regu-

lation (EC) No 756/2007 (OJ L 172, 30.6.2007, p. 41).

L 226/2

EN

Official Journal of the European Union

30.8.2007

to Commission Regulation of 29 August 2007 establishing the standard import values for determining the entry
price of certain fruit and vegetables

ANNEX

CN code

0702 00 00

0707 00 05

0709 90 70

0805 50 10

0806 10 10

0808 10 80

0808 20 50

0809 30 10, 0809 30 90

0809 40 05

Third country code (1)

Standard import value

(EUR/100 kg)

MK
TR
XS
ZZ

TR
ZZ

TR
ZZ

AR
UY
ZA
ZZ

EG
TR
ZZ

AR
AU
BR
CL
CN
NZ
US
ZA
ZZ

AR
TR
ZA
ZZ

TR
US
ZZ

BA
IL
MK
TR
ZZ

15,7
85,9
28,3
43,3

134,7
134,7

83,4
83,4

55,6
40,4
59,1
51,7

157,6
94,6
126,1

52,9
166,3
77,5
82,7
72,8
91,3
99,5
87,0
91,3

46,9
129,5
83,7
86,7

144,4
222,5
183,5

41,3
89,0
44,8
78,6
63,4

(1) Country nomenclature as fixed by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of

other origin’.
Prior notification of a concentration (Case COMP/M.4691 — Schering-Plough/Organon BioSciences) Text with EEA relevance
Date: 2007-08-29
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, pharmaceutical product

C 201/22

EN

Official Journal of the European Union

29.8.2007

Prior notification of a concentration

(Case COMP/M.4691 — Schering-Plough/Organon BioSciences)

(Text with EEA relevance)

(2007/C 201/08)

1.
On 23 August 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 Schering-Plough Corpora-
tion (‘Schering-Plough’, United States) acquires within the meaning of Article 3(1)(b) of the Council Regu-
lation control of the whole of the undertaking Organon BioSciences N.V. (‘Organon BS’, the Netherlands)
controlled by Akzo Nobel N.V. (‘Akzo’, the Netherlands) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Schering-Plough: human and animal healthcare products,

— for Organon BS: human and animal healthcare products.

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.4691 — Schering-Plough/Organon BioSciences, 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.
Euro exchange rates
Date: 2007-08-29
Institutions: European Commission
Subjects: euro, exchange rate

C 201/10

EN

Official Journal of the European Union

29.8.2007

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

28 August 2007

(2007/C 201/02)

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

1,3664

RON

Romanian leu

157,55

7,4442

SKK

TRY

Slovak koruna

Turkish lira

0,67890

AUD Australian dollar

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

3,2475

33,754

1,8128

1,6552

1,4421

10,6584

1,9197

2,0796

KRW South Korean won

1 284,28

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

9,8993

10,3252

7,3232

12 837,33

4,7742

63,845

35,0860

44,652

9,3721

1,6366

87,20

7,9475

1,9558

0,5842

27,716

15,6466

257,42

3,4528

0,7013

0,4293

3,8320

(1) Source:

reference exchange rate published by the ECB.
Case T-327/07: Action brought on 29 August 2007 — Patrick Holding v OHIM — Cassera (PATRICK EXCLUSIVE)
Date: 2007-08-29
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), clothing, trade-mark law

20.10.2007

EN

Official Journal of the European Union

C 247/39

The applicants further contend that the contested decision was
based on a scientific report which was not established within
the time-limit set out in Article 8(7) of Regulation 451/2000.

and Designs)

Marks
on 28 June 2007 in Case
No R 727/2006-2 be annulled and the defendant be ordered
to register the contested trade mark;

Moreover, the applicants allege among others a violation of the
principles of proportionality, non-discrimination, subsidiarity
and sound administration as well as the obligation to state
reasons and their right to be heard.

— the defendant pays the costs.

Pleas in law and main arguments

Finally, the applicants submit that they will not be able to exer-
cise their intellectual property rights pursuant to Article 13 of
Directive 91/414 in connection with the data package submitted
to the defendant.

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The figurative mark ‘PATRICK
EXCLUSIVE’ for goods in class 25 — application No 3 063 427

(1) Council Directive 91/414/EEC of 15 July 1991 concerning the
placing of plant protection products on the market (OJ 1991 L 230,
p. 1).

(2) OJ 2007 L 146, p. 19.

Proprietor of the mark or sign cited in the opposition proceedings:
Cassera SpA

Mark or sign cited: Community, national and international figura-
tive marks and word marks ‘G. PATRICK’ for goods in classes 24
and 25

Decision of
entirety

the Opposition Division: Opposition upheld in its

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regu-
lation No 40/94 as there is no likelihood of confusion between
the conflicting trade marks.

Action brought on 29 August 2007 — Patrick Holding v
OHIM — Cassera (PATRICK EXCLUSIVE)

(Case T-327/07)

(2007/C 247/64)

Language in which the application was lodged: English

Parties

Applicant: Patrick Holding ApS (Fredensborg, Denmark) (repre-
sented by: J. Løje, lawyer)

Action brought on 3 September 2007 — UPS Europe and
UPS Deutschland v Commission

(Case T-329/07)

(2007/C 247/65)

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

Language of the case: English

Other party to the proceedings before the Board of Appeal: Cassera
SpA (Milan, Italy)

Parties

Form of order sought

Applicants: UPS Europe NV/SA (Brussels, Belgium) and UPS
Deutschland Inc. & Co. OHG (Neuss, Germany) (represented by:
T. Ottervanger and E. Henny, lawyers)

— The decision taken by the Second Board of Appeal of the
(Trade

Office for Harmonisation in the Internal Market

Defendant: Commission of the European Communities
Commission communication in the framework of the implementation of the Council Directive 88/378/EEC on the approximation of the laws of the Member States concerning the safety of toys (Text with EEA relevance )
Date: 2007-08-29
Institutions: European Commission
Subjects: European standard, approximation of laws, harmonisation of standards, product safety, safety standard, toy industry

C 201/18

EN

Official Journal of the European Union

29.8.2007

Commission communication in the framework of the implementation of the Council Directive
88/378/EEC on the approximation of the laws of the Member States concerning the safety of toys

(Text with EEA relevance)

(Publication of titles and references of harmonised standards under the directive)

(2007/C 201/04)

ESO (1)

CEN

CEN

Reference and title of the harmonised standard
(and reference document)

Reference of superseded
standard

Date of cessation of
presumption of confor-
mity of superseded
standard
(Note 1)

EN 71-2:2006
Safety of toys — Flammability

EN 71-2:2003

31.7.2006

EN 71-5:1993
Safety of toys — Part 5: Chemical toys (sets) other than experimental sets

—

EN 71-5:1993/A1:2006

(1) ESO: European Standardisation Organisation:

Note 3

31.7.2006

— CEN: rue de Stassart 36, B-1050 Brussels, Tel. (32-2) 550 08 11; fax (32-2) 550 08 19 (http://www.cenorm.be)
— CENELEC: rue de Stassart 35, B-1050 Brussels, Tel. (32-2) 519 68 71; fax (32-2) 519 69 19 (http://www.cenelec.org)
— ETSI: 650, route des Lucioles, F-06921 Sophia Antipolis, Tel. (33) 492 94 42 00; fax (33) 493 65 47 16 (http://www.etsi.org).

Note 1 Generally the date of cessation of presumption of conformity will be the date of withdrawal (‘dow’),
set by the European Standardisation Organisation, but attention of users of these standards is drawn
to the fact that in certain exceptional cases this can be otherwise.

Note 3 In case of amendments, the referenced standard is EN CCCCC:YYYY, its previous amendments, if
any, and the new, quoted amendment. The superseded standard (column 4) therefore consists of
EN CCCCC:YYYY and its previous amendments, if any, but without the new quoted amendment.
On the date stated, the superseded standard ceases to give presumption of conformity with the
essential requirements of the directive.

Note:

— Any information concerning the availability of the standards can be obtained either from the European
Standardisation Organisations or from the national standardisation bodies of which the list is annexed to
the Directive 98/34/EC of the European Parliament and of the Council (1) amended by the Directive
98/48/EC (2).

— Publication of the references in the Official Journal of the European Union does not imply that the stan-

dards are available in all the Community languages.

— This list replaces all the previous lists published in the Official Journal of the European Union. The Commis-

sion ensures the updating of this list.

More information about harmonised standards on the Internet at:
http://europa.eu.int/comm/enterprise/newapproach/standardization/harmstds/

(1) OJ L 204, 21.7.1998, p. 37.
(2) OJ L 217, 5.8.1998, p. 18.