do-me/EUR-LEX huggingface dataset:
Case C-342/07: Action brought on 24 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, building, energy saving, national implementing measure, thermal insulation

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
Prior notification of a concentration (Case COMP/M.4904 — Lite-On/Perlos) — Candidate case for simplified procedure Text with EEA relevance
Date: 2007-09-08
Institutions: European Commission
Subjects: computer equipment, economic concentration, exchange of information, merger control, telecommunications equipment

C 210/10

EN

Official Journal of the European Union

8.9.2007

Prior notification of a concentration

(Case COMP/M.4904 — Lite-On/Perlos)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 210/06)

1.
On 3 September 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 Lite-On Technologies
Corporation (‘Lite-On’, Taiwan) acquires within the meaning of Article 3(1)(b) of the Council Regulation
control of
the undertaking Perlos Corporation (‘Perlos’, Finland) by way of public bid
announced on 13 August 2007.

the whole of

2.

The business activities of the undertakings concerned are:

— for undertaking Lite-On: supply of computer, communications and consumer electronics devices,

— for undertaking Perlos: design and manufacture of mechanical parts for mobile phones.

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.4904 — Lite-On/Perlos, 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.
Non-opposition to a notified concentration (Case COMP/M.4757 — Nordic Capital/Thule) Text with EEA relevance
Date: 2007-09-08
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, motor vehicle industry, restrictive-practice authorisation, vehicle parts

8.9.2007

EN

Official Journal of the European Union

C 210/1

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

COMMISSION

Non-opposition to a notified concentration

(Case COMP/M.4757 — Nordic Capital/Thule)

(Text with EEA relevance)

(2007/C 210/01)

On 20 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 32007M4757. EUR-Lex is the

on-line access to European law. (http://eur-lex.europa.eu)
Case T-344/04: Judgment of the Court of First Instance (Third Chamber) of 19 July 2007 — Bouychou v Commission (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)
Date: 2007-09-08
Institutions: Court of First Instance
Subjects: EC Decision, EC action to establish liability, European Commission, France, State aid, aid for restructuring, control of State aid, pleasure craft, privatisation

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.
Prior notification of a concentration (Case COMP/M.4903 — Hochtief/Vinci/JV) — Candidate case for simplified procedure Text with EEA relevance
Date: 2007-09-08
Institutions: European Commission
Subjects: building industry, economic concentration, exchange of information, merger control, road building

8.9.2007

EN

Official Journal of the European Union

C 210/9

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.4903 — Hochtief/Vinci/JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 210/05)

1.
On 24 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 undertakings HOCHTIEF PPP Solutions
GmbH (‘Hochtief’, Germany), belonging to HOCHTIEF Aktiengesellschaft, VINCI S.A. und die VINCI
Concessions S.A. (together ‘Vinci’, France) acquire within the meaning of Article 3(1)(b) of the Council Regu-
lation joint control of the newly created joint venture.

2.

The business activities of the undertakings concerned are:

— Hochtief: construction and construction related services,

— Vinci: concessions, construction and construction related services,

— JV: rebuilding and maintenance of a motorway section.

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. 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.4903 — Hochtief/Vinci/JV, 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.
Prior notification of a concentration (Case COMP/M.4726 — Thomson/Reuters) Text with EEA relevance
Date: 2007-09-08
Institutions: European Commission
Subjects: economic concentration, exchange of information, information, merger control, provision of services, software

8.9.2007

EN

Official Journal of the European Union

C 210/13

Prior notification of a concentration

(Case COMP/M.4726 — Thomson/Reuters)

(Text with EEA relevance)

(2007/C 210/09)

1.
On 3 September 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 The Thomson
Corporation (‘Thomson’, Canada) acquires within the meaning of Article 3(1)(b) of the Council Regulation
control of the whole of the undertaking Reuters Group PLC (‘Reuters’, United Kingdom) by way of purchase
of shares.

2.

The business activities of the undertakings concerned are:

— for undertaking Thomson: provider of value-added information, integrated with software tools and appli-
cations, to professionals in legal, tax, accounting, financial services, scientific research and healthcare
markets,

— for undertaking Reuters: provider of information, trading capabilities, related software and news to

professionals in financial services, media and corporate markets.

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.4726 — Thomson/Reuters, 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.
Prior notification of a concentration (Case COMP/M.4581 — Imperial Tobacco/Altadis) Text with EEA relevance
Date: 2007-09-08
Institutions: European Commission
Subjects: distributive trades, economic concentration, exchange of information, merger control, tobacco, tobacco industry

8.9.2007

EN

Official Journal of the European Union

C 210/11

Prior notification of a concentration

(Case COMP/M.4581 — Imperial Tobacco/Altadis)

(Text with EEA relevance)

(2007/C 210/07)

1.
On 30 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 Imperial Tobacco Group
PLC (‘Imperial’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Council Regulation
control of the whole of the undertaking Altadis S.A. (‘Altadis’, Spain) by way of public bid announced on
18 July 2007.

2.

The business activities of the undertakings concerned are:

— for Imperial: manufacture and distribution of tobacco products,

— for Altadis: manufacture of

tobacco products, distribution of

tobacco products and non-tobacco

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.4581 — Imperial Tobacco/Altadis, 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 T-345/05 R II: Order of the President of the Court of First Instance of 27 June 2007 — V v Parliament (Application for interim measures — Waiver of the immunity of a Member of the European Parliament — Application for suspension of operation — Urgency)
Date: 2007-09-08
Institutions: Court of First Instance
Subjects: European Parliament, Member of the European Parliament, action for annulment (EU), parliamentary immunity, summary procedure

8.9.2007

EN

Official Journal of the European Union

C 211/33

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

Defendant: European Parliament (represented by: H. Krück, D.
Moore and M. Windisch, acting as Agents)

(Case T-360/04) (1)

(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)

Re:

(2007/C 211/63)

Language of the case: French

first
Application for
re-examination of
application for interim measures, dismissed by order of
the
President of the Court of First Instance of 16 March 2007 in
Case T-345/05 R V v Parliament, not published in the ECR.

applicant's

the

Parties

Applicant: FG Marine SA (Roissy Charles de Gaulle, France)
(represented by: M.-A. Michel, lawyer)

Operative part of the order

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

1. The application for interim measures is dismissed.

2. The costs are reserved.

Re:

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.

Operative part of the judgment

The Court:

1. Dismisses the action as unfounded;

2. Orders the applicant to pay the costs.

(1) OJ C 262, 23.10.2004.

Order of the Court of First Instance of 25 June 2007 —
Drax Power and Others v Commission

(Case T-130/06) (1)

(Application for annulment — Environment — Directive
2003/87/EC — Scheme for greenhouse gas emission allow-
ance trading — Proposed amendment to national allocation
plan — Refusal by the Commission — Inadmissibility)

(2007/C 211/65)

Language of the case: English

Order of the President of the Court of First Instance of
27 June 2007 — V v Parliament

(Case T-345/05 R II)

(Application for interim measures — Waiver of the immunity
of a Member of the European Parliament — Application for
suspension of operation — Urgency)

Parties

(2007/C 211/64)

Language of the case: English

Parties

Applicants: Drax Power Ltd (Selby, United Kingdom); Great
Yarmouth Power Ltd (Swindon, United Kingdom); International
Power plc (London, United Kingdom); Npower Cogen Ltd
(Swindon); RWE Npower plc (Swindon); ScottishPower Genera-
tion Ltd (Glasgow, United Kingdom); and Scottish and Southern
Energy plc (Perth, United Kingdom) (represented by: I. Glick,
QC, and M. Cook, Barrister)

Applicant: V (represented by:
Barristers, and M. Monan, Solicitor)

J. Lofthouse and E. Hayes,

Defendant: Commission of the European Communities (repre-
sented by U. Wölker and X. Lewis, acting as Agents)