do-me/EUR-LEX huggingface dataset:
Case F-84/07: Action brought on 17 August 2007 — Islamaj v Commission
Date: 2007-10-06
Institutions: Civil Service Tribunal
Subjects: European Commission, European official, Joint Research Centre, action by staff, professional career, promotion, rights of civil servants, servant (EU)

6.10.2007

EN

Official Journal of the European Union

C 235/33

Action brought on 17 August 2007 — Islamaj v
Commission

(Case F-84/07)

(2007/C 235/61)

Language of the case: French

Parties

Applicant: Agim Islamaj (Grimbergen, Belgium) (represented by:
S. Orlandi, J.-N. Louis, A. Coolen and E. Marchal, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— declare unlawful Article 2 of the Commission decision on
detailed rules governing the promotion procedure for offi-
cials paid from research appropriations
in the general
budget (in both the version of 16 June 2004 and that of
20 July 2005);

— annul the Commission decision to cancel the 38.5 points
from the applicant's accrued promotion points which he
had accumulated as a member of the temporary staff;

— annul the Commission decision not to promote the appli-
cant to grade AST 5 in the 2006 promotion exercise and, in

so far as it is necessary, that dismissing his appeal to the
Promotion Committee for the purpose of reconstituting his
accrued promotion points;

— order the defendant to pay the costs.

Pleas in law and main arguments

The applicant, who started working at
the Commission on
1 May 2000 as a member of the temporary staff and who was
posted to the Joint Research Centre, Ispra (Italy), was appointed
an official in that centre with effect from 16 April 2004. On
16 April 2005, he was transferred to DG Trade. By letter of
16 June 2006, he was informed that the points which he had
accrued as a member of the temporary staff had been cancelled,
pursuant to the first contested decision, because he had effected
a transfer to a post coming under the ‘administration’ part of
the general budget before a period of two years had expired
from his recruitment as a probationary official in respect of a
post coming under the ‘research’ part of that budget.

In support of his action, the applicant relies on very similar
pleas in law to those relied on in Case F-33/07 (1).

(1) OJ C 129, 9.6.2007, p. 26.
Non-opposition to a notified concentration (Case COMP/M.4864 — Dubal/Mubadala/Emal JV) Text with EEA relevance
Date: 2007-10-06
Institutions: European Commission
Subjects: aluminium, economic concentration, investment company, manufactured goods, merger control, restrictive-practice authorisation

6.10.2007

EN

Official Journal of the European Union

C 234/5

Non-opposition to a notified concentration

(Case COMP/M.4864 — Dubal/Mubadala/Emal JV)

(Text with EEA relevance)

(2007/C 234/04)

On 13 September 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 Regu-
lation (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 32007M4864. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.4851 — Sagard/Fläkt Woods)

(Text with EEA relevance)

(2007/C 234/05)

On 13 September 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 Regu-
lation (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 32007M4851. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Prior notification of a concentration (Case COMP/M.4888 — Advent International/Domestic & General Group PLC) — Candidate case for simplified procedure Text with EEA relevance
Date: 2007-10-06
Institutions: European Commission
Subjects: economic concentration, exchange of information, investment company, merger control, services company

6.10.2007

EN

Official Journal of the European Union

C 234/29

Prior notification of a concentration

(Case COMP/M.4888 — Advent International/Domestic & General Group PLC)

Candidate case for simplified procedure

(Text with EEA relevance)

(2007/C 234/13)

1.
On 27 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 Advent International
Corporation (‘Advent’, USA) through a special purpose vehicle acquires within the meaning of Article 3(1)(b)
of the Council Regulation control of the whole of the undertaking Domestic & General Group PLC (‘D & G’,
UK), by way of scheme of arrangement offer for the purchase of shares.

2.

The business activities of the undertakings concerned are:

— for Advent: private equity company,

— for D & G: breakdown protection insurance on domestic appliances, pet health insurance, call centre,

mailing and fulfilment services to businesses.

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.4888 — Advent International/Domestic & General Group PLC, 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.4851 — Sagard/Fläkt Woods) Text with EEA relevance
Date: 2007-10-06
Institutions: European Commission
Subjects: air conditioning, biotechnology, economic concentration, insurance, investment, merger control, restrictive-practice authorisation, service, telecommunications

6.10.2007

EN

Official Journal of the European Union

C 234/5

Non-opposition to a notified concentration

(Case COMP/M.4864 — Dubal/Mubadala/Emal JV)

(Text with EEA relevance)

(2007/C 234/04)

On 13 September 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 Regu-
lation (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 32007M4864. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.4851 — Sagard/Fläkt Woods)

(Text with EEA relevance)

(2007/C 234/05)

On 13 September 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 Regu-
lation (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 32007M4851. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Non-opposition to a notified concentration (Case COMP/M.4875 — Deutsche Bank/Abbey Life) Text with EEA relevance
Date: 2007-10-06
Institutions: European Commission
Subjects: commercial bank, economic concentration, insurance company, life assurance, merger control, restrictive-practice authorisation

C 234/4

EN

Official Journal of the European Union

6.10.2007

Non-opposition to a notified concentration

(Case COMP/M.4875 — Deutsche Bank/Abbey Life)

(Text with EEA relevance)

(2007/C 234/02)

On 21 September 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 Regu-
lation (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 32007M4875. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.4811 — Cetelem/Findomestic)

(Text with EEA relevance)

(2007/C 234/03)

On 12 September 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 Regu-
lation (EC) No 139/2004. The full text of the decision is available only in French 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 32007M4811. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Case C-104/07: Order of the President of the Court of 25 June 2007 — Commission of the European Communities v Italian Republic
Date: 2007-10-06
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, admission of aliens, foreign national, legal status, national implementing measure, residence permit, rights of aliens

6.10.2007

EN

Official Journal of the European Union

C 235/11

Form of order sought

— Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2005/19/EC of 17 February 2005 amending
Directive 90/434/EEC on the common system of taxation
applicable to mergers, divisions,
transfers of assets and
shares concerning companies of different
exchanges of
Member States (1) in so far as it relates to the transfer of the
registered office of a European Company (SE) or a European
Cooperative Society (SCE) and the inclusion of the SE and
the SCE in the list of companies covered by the Directive, or
in any event by not communicating such measures to the
Commission, the Kingdom of Belgium has failed to fulfil its
obligations under that Directive;

— order the Kingdom of Belgium to pay the costs.

Order of the President of the Court of 21 June 2007 —
Commission of the European Communities v Grand Duchy
of Luxembourg

(Case C-76/07) (1)

(2007/C 235/19)

Language of the case: French

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 95, 28.4.2007.

Pleas in law and main arguments

Order of the President of the Court of 25 June 2007 —
the European Communities v Italian
Commission of

The period prescribed for transposing into national
law the
provisions of the Directive regarding the transfer of the regis-
tered office of an SE or of an SCE and the entry (a) in the
Annex expired on 1 January 2006.

Republic

(Case C-104/07) (1)

(2007/C 235/20)

Language of the case: Italian

(1) OJ 2005 L 58, p. 19.

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ C 82, 14.4.2007.
Case C-348/07: Reference for a preliminary ruling from the Landgericht Hamburg (Germany) lodged on 30 July 2007 — Turgay Semen v Deutsche Tamoil GmbH
Date: 2007-10-06
Institutions: Court of Justice
Subjects: freedom to provide services, interpretation of the law, remuneration of work, right of establishment, sales occupation, work contract

C 235/10

EN

Official Journal of the European Union

6.10.2007

Reference for a preliminary ruling from the Landgericht
Hamburg (Germany) lodged on 30 July 2007 — Turgay
Semen v Deutsche Tamoil GmbH

Parties to the main proceedings

Applicant: Sopropé — Organizações de Calçado, Lda

(Case C-348/07)

(2007/C 235/16)

Language of the case: German

Referring court

Landgericht Hamburg

Parties to the main proceedings

Applicant: Turgay Semen

Defendant: Deutsche Tamoil GmbH

Questions referred

1. Is it compatible with Article 17(2)(a) of Council Directive
86/653/EEC (1) of 18 December 1986 on the coordination
of the laws of the Member States relating to self-employed
commercial agents
the indemnity to which a
commercial agent is entitled by the amount of commission
lost as a result of the termination of the agency contract,
even though the benefits which the principal continues to
derive have to be given a higher monetary value?

to limit

2. Are benefits accruing to other companies within the group
to which the principal belongs also to be taken into consid-
eration for the purposes of the above calculation?

Defendant: Direcção Regional de Contencioso e Controlo
Aduaneiro

Question referred

1. Is the period of 8 (eight)

to 15 (fifteen) days set by
Article 60(6) of the Lei Geral Tributária (General Tax Law)
and by Article 60(2) of the Regime Complementar do Proce-
dimento de Inspecção Tributária (Supplementary Rules of
Procedure of the Tax Inspectorate), approved by Decree-Law
No 413/98 of 31 de December 1998, for the exercise by the
taxpayer either orally or in writing of the right to a hearing
compatible with the principle of respect for the rights of the
defence?

2. May a period of 13 (thirteen) days, reckoned from the notifi-
cation made by the customs authority to a Community
importer (in this case a small undertaking dealing in foot-
wear) to exercise its right to a prior hearing in 8 (eight) days
and the date of notification to pay import duties in 10 (ten)
days in relation to 52 imports of footwear from the far east
under the GSP made over a period of two-and-a-half years
(between 2000 and mid-2002), be considered reasonable for
an importer to exercise its rights of defence?

(1) OJ L 382, p. 17.

Action brought on 14 August 2007 — Commission of the
European Communities v Kingdom of Belgium

(Case C-392/07)

(2007/C 235/18)

Language of the case: Dutch

Reference for a preliminary ruling from the Supremo
Tribunal Administrativo lodged on 27 July 2007 —
Sopropé — Organizações de Calçado, Lda v Direcção
Regional de Contencioso e Controlo Aduaneiro

(Case C-349/07)

(2007/C 235/17)

Language of the case: Portuguese

Parties

Referring court

Supremo Tribunal Administrativo

Defendant: Kingdom of Belgium

Applicant: Commission of the European Communities (repre-
sented by: R. Lyal, acting as Agent)
Case C-349/07: Reference for a preliminary ruling from the Supremo Tribunal Administrativo lodged on 27 July 2007 — Sopropé — Organizações de Calçado, Lda v Direcção Regional de Contencioso e Controlo Aduaneiro
Date: 2007-10-06
Institutions: Court of Justice
Subjects: CCT duties, import, interpretation of the law, tax law

C 235/10

EN

Official Journal of the European Union

6.10.2007

Reference for a preliminary ruling from the Landgericht
Hamburg (Germany) lodged on 30 July 2007 — Turgay
Semen v Deutsche Tamoil GmbH

Parties to the main proceedings

Applicant: Sopropé — Organizações de Calçado, Lda

(Case C-348/07)

(2007/C 235/16)

Language of the case: German

Referring court

Landgericht Hamburg

Parties to the main proceedings

Applicant: Turgay Semen

Defendant: Deutsche Tamoil GmbH

Questions referred

1. Is it compatible with Article 17(2)(a) of Council Directive
86/653/EEC (1) of 18 December 1986 on the coordination
of the laws of the Member States relating to self-employed
commercial agents
the indemnity to which a
commercial agent is entitled by the amount of commission
lost as a result of the termination of the agency contract,
even though the benefits which the principal continues to
derive have to be given a higher monetary value?

to limit

2. Are benefits accruing to other companies within the group
to which the principal belongs also to be taken into consid-
eration for the purposes of the above calculation?

Defendant: Direcção Regional de Contencioso e Controlo
Aduaneiro

Question referred

1. Is the period of 8 (eight)

to 15 (fifteen) days set by
Article 60(6) of the Lei Geral Tributária (General Tax Law)
and by Article 60(2) of the Regime Complementar do Proce-
dimento de Inspecção Tributária (Supplementary Rules of
Procedure of the Tax Inspectorate), approved by Decree-Law
No 413/98 of 31 de December 1998, for the exercise by the
taxpayer either orally or in writing of the right to a hearing
compatible with the principle of respect for the rights of the
defence?

2. May a period of 13 (thirteen) days, reckoned from the notifi-
cation made by the customs authority to a Community
importer (in this case a small undertaking dealing in foot-
wear) to exercise its right to a prior hearing in 8 (eight) days
and the date of notification to pay import duties in 10 (ten)
days in relation to 52 imports of footwear from the far east
under the GSP made over a period of two-and-a-half years
(between 2000 and mid-2002), be considered reasonable for
an importer to exercise its rights of defence?

(1) OJ L 382, p. 17.

Action brought on 14 August 2007 — Commission of the
European Communities v Kingdom of Belgium

(Case C-392/07)

(2007/C 235/18)

Language of the case: Dutch

Reference for a preliminary ruling from the Supremo
Tribunal Administrativo lodged on 27 July 2007 —
Sopropé — Organizações de Calçado, Lda v Direcção
Regional de Contencioso e Controlo Aduaneiro

(Case C-349/07)

(2007/C 235/17)

Language of the case: Portuguese

Parties

Referring court

Supremo Tribunal Administrativo

Defendant: Kingdom of Belgium

Applicant: Commission of the European Communities (repre-
sented by: R. Lyal, acting as Agent)
Non-opposition to a notified concentration (Case COMP/M.4855 — BC Funds/BvDEP) Text with EEA relevance
Date: 2007-10-06
Institutions: European Commission
Subjects: economic concentration, electronic document, information, investment, merger control, restrictive-practice authorisation, type of business

C 234/6

EN

Official Journal of the European Union

6.10.2007

Non-opposition to a notified concentration

(Case COMP/M.4855 — BC Funds/BvDEP)

(Text with EEA relevance)

(2007/C 234/06)

On 26 September 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 Regu-
lation (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 32007M4855. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Euro exchange rates
Date: 2007-10-06
Institutions: European Commission
Subjects: euro, exchange rate

6.10.2007

EN

Official Journal of the European Union

C 234/7

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

5 October 2007

(2007/C 234/07)

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

1,4136

RON

Romanian leu

164,60

7,4518

SKK

TRY

Slovak koruna

Turkish lira

0,69285

AUD Australian dollar

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

3,3590

33,912

1,6779

1,5846

1,3947

10,9643

1,8662

2,0847

KRW South Korean won

1 296,13

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

9,7256

10,6106

7,3255

12 849,62

4,8077

63,202

35,2910

44,691

9,1848

1,6623

86,25

7,6530

1,9558

0,5842

27,530

15,6466

250,80

3,4528

0,7043

0,4293

3,7609

(1) Source:

reference exchange rate published by the ECB.