do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.4868 — Avnet/Magirus EID) Text with EEA relevance
Date: 2007-09-08
Institutions: European Commission
Subjects: computer equipment, distributive trades, economic concentration, electronic component, exchange of information, information technology, merger control

C 210/12

EN

Official Journal of the European Union

8.9.2007

Prior notification of a concentration

(Case COMP/M.4868 — Avnet/Magirus EID)

(Text with EEA relevance)

(2007/C 210/08)

1.
On 31 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 Avnet Inc. (‘Avnet’, USA)
acquires within the meaning of Article 3(1)(b) of the Council Regulation control of parts of the undertaking
Magirus Group (Germany), namely its infrastructure division (‘Magirus EID’) by way of purchase of assets.

2.

The business activities of the undertakings concerned are:

— for Avnet: distributor of electronic components, computer products and technology services,

— for Magirus EID: distribution of IT 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.4868 — Avnet/Magirus EID, 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-213/06 P: Judgment of the Court (First Chamber) of 18 July 2007 — European Agency for Reconstruction (EAR) v Georgios Karatzoglou (Appeals — Temporary staff — Termination of contract)
Date: 2007-09-08
Institutions: Court of Justice
Subjects: European Agency for Reconstruction, action for annulment (EU), servant (EU), termination of a contract, work contract

C 211/8

EN

Official Journal of the European Union

8.9.2007

Judgment of the Court (First Chamber) of 18 July 2007 —
European Agency for Reconstruction (EAR) v Georgios
Karatzoglou

Judgment of the Court (Third Chamber) of 18 July 2007
(reference for a preliminary ruling from the Gerechtshof te
International BV v
Amsterdam, Netherlands) — F.T.S.

Inspecteur van de Belastingdienst/Douane West

(Case C-213/06 P) (1)

(Appeals — Temporary staff — Termination of contract)

(2007/C 211/13)

Language of the case: English

(Case C-310/06) (1)

(Common Customs Tariff — Combined Nomenclature —
Classification — Boneless chicken cuts, frozen and impreg-
nated with salt — Validity of Regulation (EC) No 1223/2002)

(2007/C 211/14)

Language of the case: Dutch

Parties

Appellant: European Agency for Reconstruction (EAR)
sented by: S. Orlandi and J.-N. Louis, avocats)

(repre-

Referring court

Other party to the proceedings: Georgios Karatzoglou (represented
by: S. Pappas, dikigoros)

Gerechtshof te Amsterdam

Re:

Appeal against the judgment of
the Court of First Instance
(Fourth Chamber) of 23 February 2006 in Case T-471/04 Karat-
zoglou v EAR annulling the decision of the EAR terminating the
contract of the applicant as a member of the temporary staff

Parties to the main proceedings

Applicant: F.T.S. International BV

Defendant: Inspecteur van de Belastingdienst/Douane West

Operative part of the judgment

Re:

The Court:

1) Sets aside the judgment of the Court of First Instance of the Euro-
pean Communities of 23 February 2006 in Case T-471/04
Karatzoglou v EAR;

2) Refers the case back to the Court of First Instance of the European
Communities for that Court to rule on Mr Karatzoglou's submis-
sions to the effect that the decision of the European Agency for
Reconstruction (EAR) of 26 February 2004 terminating his
employment contract should be annulled;

3) Reserves the costs.

Reference for a preliminary ruling — Gerechtshof te Amsterdam
— Validity of Commission Regulation (EC) No 1223/2002 of
8 July 2002 concerning the classification of certain goods in the
Combined Nomenclature (OJ 2002 L 179, p. 8) — Boneless
chicken cuts, frozen and impregnated with salt

Operative part of the judgment

Commission Regulation (EC) No 1223/2002 of 8 July 2002
concerning the classification of certain goods in the Combined Nomen-
clature is invalid.

(1) OJ C 178, 29.7.2006.

(1) OJ C 224, 16.9.2006.
Case F-7/06: Judgment of the Civil Service Tribunal (First Chamber) of 11 July 2007 — B v Commission (Staff case — Officials — Remuneration — Expatriation allowance — Conditions in Article 4(1) of Annex VII of the Staff Regulations)
Date: 2007-09-08
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, allowances and expenses, dual nationality, equal treatment, regulations for civil servants

C 211/58

EN

Official Journal of the European Union

8.9.2007

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (First Chamber) of
11 July 2007 — B v Commission

Order of the Civil Service Tribunal (First Chamber) of
12 July 2007 — Continolo v Commission

(Case F-7/06) (1)

(Case F-143/06) (1)

(Staff case — Officials — Remuneration — Expatriation
allowance — Conditions in Article 4(1) of Annex VII of the
Staff Regulations)

(Staff case — Officials — Pensions — Transfer of pension
rights — Manifest inadmissibility)

(2007/C 211/107)

Language of the case: French

(2007/C 211/108)

Language of the case: French

Parties

Applicant: B (Brussels, Belgium)
(initially represented by S.
Rodrigues and A. Jaume, lawyers, then by S. Rodrigues and C.
Bernard-Glanz, lawyers)

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

Re:

Staff case — Annulment of the appointing authority's decision
of 10 October 2005 rejecting the complaint of the applicant
together with the appointing authority's decision of 26 April
2005 to refuse to pay the applicant an expatriation allowance

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 96, 22.4.2006, p. 35.

Parties

Applicant: Donato Continolo (Duino-Aurisina, Italy) (represented
by: S. Rodrigues, C. Bernard-Glanz, and R. Albelice, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: D. Martin and M. Velardo, Agents)

Re:

Staff case — Annulment of the decision of the Commission on
the award and calculation of the applicant's pension rights, to
the extent that it does not completely credit the period from
11 June 1981 to 1 March 1983 which he spent on leave on
personal grounds

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. The parties are to bear their own costs.

(1) OJ C 20, 27.1.2007, p. 41.
Case C-310/06: Judgment of the Court (Third Chamber) of 18 July 2007 (reference for a preliminary ruling from the Gerechtshof te Amsterdam, Netherlands) — F.T.S. International BV v Inspecteur van de Belastingdienst/Douane West (Common Customs Tariff — Combined Nomenclature — Classification — Boneless chicken cuts, frozen and impregnated with salt — Validity of Regulation (EC) No 1223/2002)
Date: 2007-09-08
Institutions: Court of Justice
Subjects: Combined Nomenclature, boned meat, frozen product, interpretation of the law, poultry, salted product

C 211/8

EN

Official Journal of the European Union

8.9.2007

Judgment of the Court (First Chamber) of 18 July 2007 —
European Agency for Reconstruction (EAR) v Georgios
Karatzoglou

Judgment of the Court (Third Chamber) of 18 July 2007
(reference for a preliminary ruling from the Gerechtshof te
International BV v
Amsterdam, Netherlands) — F.T.S.

Inspecteur van de Belastingdienst/Douane West

(Case C-213/06 P) (1)

(Appeals — Temporary staff — Termination of contract)

(2007/C 211/13)

Language of the case: English

(Case C-310/06) (1)

(Common Customs Tariff — Combined Nomenclature —
Classification — Boneless chicken cuts, frozen and impreg-
nated with salt — Validity of Regulation (EC) No 1223/2002)

(2007/C 211/14)

Language of the case: Dutch

Parties

Appellant: European Agency for Reconstruction (EAR)
sented by: S. Orlandi and J.-N. Louis, avocats)

(repre-

Referring court

Other party to the proceedings: Georgios Karatzoglou (represented
by: S. Pappas, dikigoros)

Gerechtshof te Amsterdam

Re:

Appeal against the judgment of
the Court of First Instance
(Fourth Chamber) of 23 February 2006 in Case T-471/04 Karat-
zoglou v EAR annulling the decision of the EAR terminating the
contract of the applicant as a member of the temporary staff

Parties to the main proceedings

Applicant: F.T.S. International BV

Defendant: Inspecteur van de Belastingdienst/Douane West

Operative part of the judgment

Re:

The Court:

1) Sets aside the judgment of the Court of First Instance of the Euro-
pean Communities of 23 February 2006 in Case T-471/04
Karatzoglou v EAR;

2) Refers the case back to the Court of First Instance of the European
Communities for that Court to rule on Mr Karatzoglou's submis-
sions to the effect that the decision of the European Agency for
Reconstruction (EAR) of 26 February 2004 terminating his
employment contract should be annulled;

3) Reserves the costs.

Reference for a preliminary ruling — Gerechtshof te Amsterdam
— Validity of Commission Regulation (EC) No 1223/2002 of
8 July 2002 concerning the classification of certain goods in the
Combined Nomenclature (OJ 2002 L 179, p. 8) — Boneless
chicken cuts, frozen and impregnated with salt

Operative part of the judgment

Commission Regulation (EC) No 1223/2002 of 8 July 2002
concerning the classification of certain goods in the Combined Nomen-
clature is invalid.

(1) OJ C 178, 29.7.2006.

(1) OJ C 224, 16.9.2006.
Case C-346/07: Action brought on 25 July 2007 — Commission of the European Communities v Hellenic Republic
Date: 2007-09-08
Institutions: Court of Justice
Subjects: European Commission, European standard, Greece, action for failure to fulfil an obligation, high-speed transport, national implementing measure, rail transport, trans-European network

8.9.2007

EN

Official Journal of the European Union

C 211/31

Form of order sought

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

the European Parliament and of

— a declaration that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Directive
2004/49/EC (1) of
the
Council of 29 April 2004 on safety on the Community's
railways and amending Council Directive 95/18/EC on the
licensing of railway undertakings and Directive 2001/14/EC
on the allocation of railway infrastructure capacity and the
levying of charges for the use of railway infrastructure and
safety certification (Railway Safety Directive), or in event by
the
such measures,
informing the Commission of
not
Hellenic Republic has failed to fulfil
its obligations under
that directive;

— an order that the Hellenic Republic pay the costs.

Pleas in law and main arguments

The period prescribed for transposing Directive 2004/49/EC
into national law expired on 30 April 2006.

(1) OJ L 164 of 30.4.2004, p. 44.

(Case C-346/07)

(2007/C 211/60)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Zavvos and P. Dejmek)

Defendant: Hellenic Republic

Form of order sought

the European Parliament and of

— declaration that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Directive
2004/50/EC (1) of
the
Council of 29 April 2004 amending Council Directive
the trans-European
96/48/EC on the interoperability of
the
high-speed rail system and Directive 2001/16/EC of
the
European
on
and
interoperability of
rail
the trans-European conventional
system, or in any event by not informing the Commission
of such measures, the Hellenic Republic has failed to fulfil its
obligations under that directive;

the Council

Parliament

of

— an order that the Hellenic Republic pay the costs.

Pleas in law and main arguments

The period prescribed for transposing Directive 2004/50/EC
into national law expired on 30 April 2006.

(1) OJ L 164 of 30.4.2004, p. 114.
Case T-189/02: Judgment of the Court of First Instance (Second Chamber) of 18 July 2007 — Ente per le ville vesuviane v Commission of the European Communities (European Regional Development Fund (ERDF) — Ending of Community financial assistance — Action for annulment — Admissibility — Status to act of ultimate beneficiary of assistance — Direct link — Rights of the defence — Infringement of Article 12 of Regulation (EEC) No 4254/88 as amended — No inquiry)
Date: 2007-09-08
Institutions: Court of First Instance
Subjects: European Commission, action for annulment (EU), financial aid, heritage protection, regional policy

C 211/32

EN

Official Journal of the European Union

8.9.2007

COURT OF FIRST INSTANCE

Judgment of the Court of First Instance (Second Chamber)
le ville vesuviane v
of 18 July 2007 — Ente per

Judgment of the Court of First Instance (Third Chamber) of
19 July 2007 — Bouychou v Commission

Commission of the European Communities

(Case T-189/02) (1)

(Case T-344/04) (1)

(European Regional Development Fund (ERDF) — Ending of
Community financial assistance — Action for annulment —
Admissibility — Status to act of ultimate beneficiary of assis-
tance — Direct link — Rights of the defence — Infringement
of Article 12 of Regulation (EEC) No 4254/88 as amended —
No inquiry)

(2007/C 211/61)

Language of the case: Italian

(Non-contractual liability — Decision ordering repayment of
State aid granted by France to the company Stardust Marine
— Annulment of the decision by judgment of the Court)

(2007/C 211/62)

Language of the case: French

Parties

Parties

Applicant: Ente per le ville vesuviane (Naples, Italy) (represented
by: E. Soprano and A. De Angelis, lawyers)

Applicant: Denis Bouychou, insolvency administrator of disposal
of the company Stardust Marine (Paris, France) (represented by:
B. Vatier and M. Verger, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: L. Flynn and H. Speyart, agents)

Defendant: Commission of the European Communities (repre-
sented by: G.Rozet and C. Giolito, Agents)

Re:

Re:

Annulment of Commission Decision D(2002) 810111 of
13 March 2002, purporting to end financial assistance from the
European Regional Development Fund (ERDF) in the form of
investment in infrastructure in Campania (Italy) relating to an
integrated scheme of development of three Vesuvian towns for
the purposes of tourism (ERDF No 86/05/04/054).

Claim for compensation for loss allegedly caused by Commis-
sion Decision 2000/513/EC of 8 September 1999 on aid
granted by France to the company Stardust Marine, represented
by Denis Bouychou, as insolvency administrator.

Operative part of the judgment

The Court:

1. Dismisses the action;

Operative part of the judgment

The Court:

1. Dismisses the action as unfounded;

2. Orders Ente per le ville vesuviane to pay all of the costs.

2. Orders the applicant to pay the costs.

(1) OJ C 191, 10.8.2002.

(1) OJ C 262, 23.10.2004.
Case C-341/07: Action brought on 20 July 2007 — Commission of the European Communities v Kingdom of Sweden
Date: 2007-09-08
Institutions: Court of Justice
Subjects: European Commission, Sweden, TRIPS, action for failure to fulfil an obligation, approximation of laws, industrial property, intellectual property, national implementing measure

C 211/30

EN

Official Journal of the European Union

8.9.2007

Pleas in law and main arguments

Action brought on 24 July 2007 — Commission of the
European Communities v Hellenic Republic

The period for transposing Directive 2002/73/EC expired on
5 October 2005.

(1) OJ 2002 L 269, p. 15.

(Case C-342/07)

(2007/C 211/58)

Language of the case: Greek

Action brought on 20 July 2007 — Commission of the
European Communities v Kingdom of Sweden

Applicant: Commission of the European Communities (repre-
sented by: M. Patakia and B. Schima)

Parties

(Case C-341/07)

(2007/C 211/57)

Language of the case: Swedish

Parties

Defendant: Hellenic Republic

Form of order sought

— a declaration that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Directive
2002/91/EC (1) of
the
Council of 16 December 2002 on the energy performance
of buildings, or in any event by not informing the Commis-
sion of such measures, the Hellenic Republic has failed to
fulfil its obligations under that directive;

the European Parliament and of

— an order that the Hellenic Republic pay the costs.

Applicant: Commission of the European Communities (repre-
sented by: W. Wils and P. Dejmek, acting as Agents)

Pleas in law and main arguments

Defendant: Kingdom of Sweden

The period prescribed for transposing Directive 2002/91/EC
into national law expired on 4 January 2006.

Form of order sought

(1) OJ L 1 of 4.1.2003, p. 65.

— Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/48/EC of the European Parliament and of the Council
of 29 April 2004 (1) on the enforcement of
intellectual
property rights or,
in any event, by failing to notify the
Commission thereof, the Kingdom of Sweden has failed to
fulfil its obligations under that directive;

— order the Kingdom of Sweden to pay the costs.

Pleas in law and main arguments

The period prescribed for
expired on 28 April 2006.

implementation of

the Directive

Parties

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

(Case C-345/07)

(2007/C 211/59)

Language of the case: Greek

(1) OJ 2004 L 157, p. 45.

Applicant: Commission of the European Communities (repre-
sented by: G. Zavvos and P. Dejmek)

Defendant: Hellenic Republic
Euro exchange rates
Date: 2007-09-08
Institutions: European Commission
Subjects: euro, exchange rate

C 210/2

EN

Official Journal of the European Union

8.9.2007

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

7 September 2007

(2007/C 210/02)

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

1,3696

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

3,3032

33,726

1,7697

1,6564

1,4398

10,6646

1,9834

2,0867

KRW South Korean won

1 284,96

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

9,8556

10,3261

7,3209

12 870,82

4,7998

63,734

35,112

44,546

157,79

7,4467

0,6773

9,326

1,6437

88,02

7,9085

1,9558

0,5842

27,631

15,6466

254,47

3,4528

0,6984

0,4293

3,8081

(1) Source:

reference exchange rate published by the ECB.
Case F-143/06: Order of the Civil Service Tribunal (First Chamber) of 12 July 2007 — Continolo v Commission (Staff case — Officials — Pensions — Transfer of pension rights — Manifest inadmissibility)
Date: 2007-09-08
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, action by staff, pension scheme, retired person, transfer of pension rights, unpaid leave

C 211/58

EN

Official Journal of the European Union

8.9.2007

EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Judgment of the Civil Service Tribunal (First Chamber) of
11 July 2007 — B v Commission

Order of the Civil Service Tribunal (First Chamber) of
12 July 2007 — Continolo v Commission

(Case F-7/06) (1)

(Case F-143/06) (1)

(Staff case — Officials — Remuneration — Expatriation
allowance — Conditions in Article 4(1) of Annex VII of the
Staff Regulations)

(Staff case — Officials — Pensions — Transfer of pension
rights — Manifest inadmissibility)

(2007/C 211/107)

Language of the case: French

(2007/C 211/108)

Language of the case: French

Parties

Applicant: B (Brussels, Belgium)
(initially represented by S.
Rodrigues and A. Jaume, lawyers, then by S. Rodrigues and C.
Bernard-Glanz, lawyers)

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

Re:

Staff case — Annulment of the appointing authority's decision
of 10 October 2005 rejecting the complaint of the applicant
together with the appointing authority's decision of 26 April
2005 to refuse to pay the applicant an expatriation allowance

Operative part of the judgment

The Tribunal:

1. Dismisses the action;

2. Orders the parties to bear their own costs.

(1) OJ C 96, 22.4.2006, p. 35.

Parties

Applicant: Donato Continolo (Duino-Aurisina, Italy) (represented
by: S. Rodrigues, C. Bernard-Glanz, and R. Albelice, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: D. Martin and M. Velardo, Agents)

Re:

Staff case — Annulment of the decision of the Commission on
the award and calculation of the applicant's pension rights, to
the extent that it does not completely credit the period from
11 June 1981 to 1 March 1983 which he spent on leave on
personal grounds

Operative part of the order

1. The action is dismissed as manifestly inadmissible.

2. The parties are to bear their own costs.

(1) OJ C 20, 27.1.2007, p. 41.