do-me/EUR-LEX huggingface dataset:
Corrigendum to the Notice of Initiation of an anti-dumping proceeding concerning imports of certain welded tubes and pipes of iron or non-alloy steel originating in Belarus, Bosnia and Herzegovina, the People's Republic of China and Russia ( OJ C 226, 26.9.2007 )
Date: 2007-12-06
Institutions: European Commission
Subjects: Belarus, Bosnia and Herzegovina, China, Russia, anti-dumping legislation, dumping, import, originating product, piping, tube

6.12.2007

EN

Official Journal of the European Union

C 294/21

CORRIGENDA

Corrigendum to the Notice of Initiation of an anti-dumping proceeding concerning imports of certain welded
tubes and pipes of iron or non-alloy steel originating in Belarus, Bosnia and Herzegovina, the People's Republic
of China and Russia

(Official Journal of the European Union C 226 of 26 September 2007)

(2007/C 294/11)

On page 10, point 5.1(e) first sentence:

for:

‘For those exporters/producers in the People's Republic of China and Belarus who claim …’,

read:

‘For those exporters/producers in the People's Republic of China who claim …’;

and third sentence:

for:

read:

‘The Commission will send claim forms to all exporters/producers in Belarus and to those exporters/producers in
the People's Republic of China who have been included in the sample and to any association of exporters/producers
named in the complaint, as well as to the authorities of the People's Republic of China and Belarus.’,

‘The Commission will send claim forms to those exporters/producers in the People's Republic of China who have
been included in the sample and to any association of exporters/producers named in the complaint, as well as to the
authorities of the People's Republic of China.’
Prior notification of a concentration (Case COMP/M.4814 — AIB/FDC/JV) Text with EEA relevance
Date: 2007-12-06
Institutions: European Commission
Subjects: bank, economic concentration, exchange of information, financial transaction, insurance, merger control

6.12.2007

EN

Official Journal of the European Union

C 294/19

V

(Announcements)

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.4814 — AIB/FDC/JV)

(Text with EEA relevance)

(2007/C 294/09)

1.
On 29 November 2007, the Commission received a notification of a proposed concentration pursuant
to Article 4 of Council Regulation (EC) No 139/2004 (1) by which First Data Corporation (‘FDC’, USA) and
Allied Irish Banks (‘AIB’, Ireland) acquire within the meaning of Article 3(1)(b) of the Council Regulation
joint control of the merchant acquiring business currently owned by AIB by way of a purchase of shares.

2.

The business activities of the undertakings concerned are:

— for AIB: active in banking and insurance products and services,

— for FDC: mainly a transaction processing services company.

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.4814 — AIB/FDC/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.
Case C-59/06 P: Judgment of the Court (Second Chamber) of 6 December 2007 — Luigi Marcuccio v Commission of the European Communities (Appeal — Officials — Employment in a non-Member State — Reassignment of post and post holder — Duty to respect the rights of the defence — Scope — Burden of proof)
Date: 2007-12-06
Institutions: Court of Justice
Subjects: European official, action for annulment (EU), administrator, indemnification

26.1.2008

EN

Official Journal of the European Union

C 22/7

of

Judgment
of
6 December 2007 — Luigi Marcuccio v Commission of the
European Communities

Chamber)

(Second

Court

the

(Case C-59/06 P) (1)

(Appeal — Officials — Employment in a non-Member State
— Reassignment of post and post holder — Duty to respect
the rights of the defence — Scope — Burden of proof)

(2008/C 22/12)

Language of the case: Italian

Judgment of the Court (Third Chamber) of 29 November
the European Communities v
2007 — Commission of

Italian Republic

(Case C-119/06) (1)

(Failure of a Member State to fulfil obligations — Infringe-
ment of Directive 92/50/EEC relating to the coordination of
procedures for the award of public service contracts — Award
of a contract without a call for tenders — Award of the
contract for healthcare transport services in Tuscany)

(2008/C 22/13)

Language of the case: Italian

Parties

Appellant: Luigi Marcuccio (represented by: L. Garofalo, avvo-
cato)

Parties

Other party to the proceedings: Commission of
the European
Communities (represented by: J. Curral and C. Berardis-Kayser,
Agents, A. Dal Ferro, avvocato)

Re:

Appeal against the judgment of the Court of First Instance (Fifth
Chamber) of 24 November 2005 in Case T-236/02 Marcuccio v
Commission by which that Court dismissed an action seeking
annulment of the Commission decision reassigning the appel-
the Commission in Luanda
lant's post at
(Angola) to the Commission's headquarters in Brussels and a
claim for damages

the delegation of

Operative part of the judgment

The Court:

1. Sets aside

Instance of
24 November 2005 in Case T-236/02 Marcuccio v Commission;

the Court of First

judgment of

the

Applicant: Commission of the European Communities (repre-
sented by: X. Lewis and D. Recchia, acting as Agents, and M.
Mollina, avocat)

Defendant: Italian Republic (represented by: I. Braguglia, Agent,
and G. Fiengo and S, Varone, avocats)

Re:

Failure of a Member State to fulfil obligations — Infringement
of Articles 11, 15 and 17 of Council Directive 92/50/EEC of
18 June 1992 relating to the coordination of procedures for the
award of public service contracts (OJ 1992 L 209, p. 1) —
Award of a contract without publication of
the appropriate
notice — Award of the contract for healthcare transport services
in Tuscany

Operative part of the judgment

The Court:

2. Refers the case back to the Court of First Instance of the European

1. Dismisses the action;

Communities;

3. Reserves the costs.

2. Orders the Commission of the European Communities to pay the

costs.

(1) OJ C 96, 22.4.2006.

(1) OJ C 131 of 3.6.2006.
Commission Regulation (EC) No 1444/2007 of 6 December 2007 fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 1060/2007
Date: 2007-12-06
Institutions: European Commission
Subjects: EU Member State, award of contract, export refund, intervention agency, white sugar

7.12.2007

EN

Official Journal of the European Union

L 322/33

COMMISSION REGULATION (EC) No 1444/2007

of 6 December 2007

fixing the maximum export refund for white sugar in the framework of the standing invitation to
tender provided for in Regulation (EC) No 1060/2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

tenders submitted in response to the partial
invitation
to tender ending on 5 December 2007, it is appropriate
invi-
to fix a maximum export refund for that partial
tation to tender.

Having regard to Council Regulation (EC) No 318/2006 of 20
February 2006 on the common organisation of the markets in
the sugar sector (1), and in particular the second subparagraph
and point (b) of the third subparagraph of Article 33(2) thereof,

(3)

The measures provided for in this Regulation are in
the Management
accordance with the opinion of
Committee for Sugar,

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

Commission Regulation (EC) No 1060/2007 of 14
September 2007 opening a
standing invitation to
tender for the resale for export of sugar held by the
intervention agencies of Belgium, the Czech Republic,
Italy, Hungary, Poland, Slovakia and
Spain,
Sweden (2) requires the issuing of partial
invitations to
tender.

Ireland,

Article 1

invitation to tender ending on 5 December
For the partial
2007, the maximum export refund for the product referred
to in Article 1(1) of Regulation (EC) No 1060/2007 shall be
433,98 EUR/t.

(2)

Pursuant
1060/2007 and following an examination of

to Article 4(1) of Regulation (EC) No
the

This Regulation shall enter into force on 7 December 2007.

Article 2

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

Done at Brussels, 6 December 2007.

For the Commission

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

(1) OJ L 58, 28.2.2006, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 247/2007 (OJ L 69, 9.3.2007,
p. 3). Regulation (EC) No 318/2006 will be replaced by Regulation
(EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1
October 2008.

(2) OJ L 242, 15.9.2007, p. 8.
Non-opposition to a notified concentration (Case COMP/M.4790 — Entremont Alliance/Sodiaal Industrie/Cofranlait) Text with EEA relevance
Date: 2007-12-06
Institutions: European Commission
Subjects: economic concentration, foodstuff, merger control, milk product, nutrition, powdered milk, restrictive-practice authorisation

6.12.2007

EN

Official Journal of the European Union

C 294/5

Non-opposition to a notified concentration

(Case COMP/M.4803 — RBS/Sempra)

(Text with EEA relevance)

(2007/C 294/02)

On 30 November 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 32007M4803. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.4790 — Entremont Alliance/Sodiaal Industrie/Cofranlait)

(Text with EEA relevance)

(2007/C 294/03)

On 30 November 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 32007M4790. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
2007/803/EC: Commission Decision of 6 December 2007 amending Decisions 2005/731/EC and 2005/734/EC as regards the extension of their period of application (notified under document number C(2007) 5887) (Text with EEA relevance)
Date: 2007-12-06
Institutions: European Commission
Subjects: animal disease, bird, disease prevention, health control

L 323/42

EN

Official Journal of the European Union

8.12.2007

COMMISSION DECISION

of 6 December 2007

amending Decisions 2005/731/EC and 2005/734/EC as regards the extension of their period of
application

(notified under document number C(2007) 5887)

(Text with EEA relevance)

(2007/803/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Directive 90/425/EEC of 26 June
1990 concerning veterinary and zootechnical checks applicable
in intra-Community trade in certain live animals and products
with a view to the completion of the internal market (1), and in
particular Article 10(4) thereof,

Whereas:

for

requirements

Commission Decisions 2005/731/EC of 17 October
2005 laying down additional
the
surveillance of avian influenza in wild birds (2) and
2005/734/EC of 19 October 2005 laying down bio-
security measures to reduce the risk of transmission of
highly pathogenic avian influenza caused by Influenza
virus A subtype H5N1 from birds living in the wild to
poultry and other captive birds and providing for an
risk (3)
early detection system in areas at particular
expire on 31 December 2007.

(1)

(2)

(3)

(4)

Decisions
therefore be amended accordingly.

2005/731/EC and

2005/734/EC should

The measures provided for
accordance with
Committee on the Food Chain and Animal Health,

in this Decision are in
Standing
the

opinion

the

of

HAS ADOPTED THIS DECISION:

Article 1

In Article 4 of Decision 2005/731/EC, the date ‘31 December
2007’ is replaced by ‘31 December 2008’.

Article 2

In Article 4 of Decision 2005/734/EC, the date ‘31 December
2007’ is replaced by ‘31 December 2008’.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 6 December 2007.

However, as outbreaks of highly pathogenic avian
influenza of subtype H5N1 have recently occurred in
the Community in poultry and wild birds and continue
to occur in third countries, it is appropriate to prolong
the validity of those Decisions.

For the Commission

Markos KYPRIANOU
Member of the Commission

(1) OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive
the Council

the European Parliament and of

2002/33/EC of
(OJ L 315, 19.11.2002, p. 14).

(2) OJ L 274, 20.10.2005, p. 93. Decision as last amended by Decision

2007/105/EC (OJ L 46, 16.2.2007, p. 54).

(3) OJ L 274, 20.10.2005, p. 105. Decision as last amended by

Decision 2007/105/EC.
Commission Regulation (EC) No 1443/2007 of 6 December 2007 fixing the maximum export refund for white sugar in the framework of the standing invitation to tender provided for in Regulation (EC) No 900/2007
Date: 2007-12-06
Institutions: European Commission
Subjects: award of contract, export refund, white sugar

L 322/32

EN

Official Journal of the European Union

7.12.2007

COMMISSION REGULATION (EC) No 1443/2007

of 6 December 2007

fixing the maximum export refund for white sugar in the framework of the standing invitation to
tender provided for in Regulation (EC) No 900/2007

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty
Community,

establishing the European

Having regard to Council Regulation (EC) No 318/2006 of 20
February 2006 on the common organisation of the markets in
the sugar sector (1), and in particular the second subparagraph
and point (b) of the third subparagraph of Article 33(2) thereof,

Whereas:

(1)

Commission Regulation (EC) No 900/2007 of 27 July
2007 on a standing invitation to tender to determine
refunds on exports of white sugar for the 2007/2008
marketing year (2) requires the issuing of partial
invi-
tations to tender.

in response to the partial invitation to tender ending on
6 December 2007, it is appropriate to fix a maximum
export refund for that partial invitation to tender.

(3)

The measures provided for in this Regulation are in
accordance with the opinion of
the Management
Committee for Sugar,

HAS ADOPTED THIS REGULATION:

Article 1

For the partial
invitation to tender ending on 6 December
2007, the maximum export refund for the product referred
to in Article 1(1) of Regulation (EC) No 900/2007 shall be
37,062 EUR/100 kg.

(2)

Pursuant to Article 8(1) of Regulation (EC) No 900/2007
and following an examination of the tenders submitted

This Regulation shall enter into force on 7 December 2007.

Article 2

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

Done at Brussels, 6 December 2007.

For the Commission

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

(1) OJ L 58, 28.2.2006, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 247/2007 (OJ L 69, 9.3.2007,
p. 3). Regulation (EC) No 318/2006 will be replaced by Regulation
(EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as
from
1 October 2008.

(2) OJ L 196, 28.7.2007, p. 26. Regulation as last amended by
L 289,

(EC) No 1298/2007 (OJ

Commission Regulation
7.11.2007, p. 3).
2008/32/EC: Council Decision of 6 December 2007 appointing a Belgian member and a Belgian alternate member of the Committee of the Regions
Date: 2007-12-06
Institutions: Council of the European Union
Subjects: Belgium, European Committee of the Regions, appointment of staff

L 8/10

EN

Official Journal of the European Union

11.1.2008

COUNCIL DECISION

of 6 December 2007

appointing a Belgian member and a Belgian alternate member of the Committee of the Regions

(2008/32/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal from the Belgian Government,

Whereas:

(1)

(2)

On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and
alternate members of the Committee of the Regions for the period from 26 January 2006 to 25
January 2010 (1).

A seat as a member of the Committee of the Regions has fallen vacant following the end of the
mandate of Mr LETERME. A seat as an alternate member has fallen vacant, following the appointment
of Mr SAUWENS as a member,

HAS DECIDED AS FOLLOWS:

Article 1

The following are hereby appointed to the Committee of the Regions for the remainder of the current term
of office, which ends on 25 January 2010:

(a) as a member:

Mr Johan SAUWENS, Member of the Flemish Parliament,

and

(b) as an alternate member:

Mr Ludwig CALUWE, Member of the Flemish Parliament.

This Decision shall take effect on the date of its adoption.

Article 2

Done at Brussels, 6 December 2007.

For the Council
The President

A. COSTA

(1) OJ L 56, 25.2.2006, p. 75.
2008/33/EC: Council Decision of 6 December 2007 appointing a Spanish alternate member of the Committee of the Regions
Date: 2007-12-06
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Spain, appointment of staff

11.1.2008

EN

Official Journal of the European Union

L 8/11

COUNCIL DECISION

of 6 December 2007

appointing a Spanish alternate member of the Committee of the Regions

(2008/33/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal from the Spanish Government,

Whereas:

(1)

(2)

On 24 January 2006 the Council adopted Decision 2006/116/EC (1) appointing the members and
alternate members of the Committee of the Regions for the period from 26 January 2006 to 25
January 2010.

A seat as an alternate member of the Committee of the Regions has become vacant following the end
of the mandate of Mr GÓMEZ-REINO LECOQ,

HAS ADOPTED THIS DECISION:

Article 1

Ms Elsa CASAS CABELLO, Comisionada de Acción Exterior, Comunidad Autónoma de Canarias, is hereby
appointed an alternate member of the Committee of the Regions for the remainder of the term of office,
which runs until 25 January 2010.

This Decision shall take effect on the date of its adoption.

Article 2

Done at Brussels, 6 December 2007.

For the Council
The President

A. COSTA

(1) OJ L 56, 25.2.2006, p. 75.
2008/34/EC: Council Decision of 6 December 2007 appointing a Finnish alternate member to the Committee of the Regions
Date: 2007-12-06
Institutions: Council of the European Union
Subjects: European Committee of the Regions, Finland, appointment of staff

L 8/12

EN

Official Journal of the European Union

11.1.2008

COUNCIL DECISION

of 6 December 2007

appointing a Finnish alternate member to the Committee of the Regions

(2008/34/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal from the Finnish Government,

Whereas:

(1)

(2)

On 24 January 2006 the Council adopted Decision 2006/116/EC appointing the members and
alternate members of the Committee of the Regions for the period from 26 January 2006 to
25 January 2010 (1).

One alternate member’s seat on the Committee of the Regions has become vacant following the
resignation of Mr Håkan NORDMAN,

HAS DECIDED AS FOLLOWS:

Article 1

Ms Martina MALMBERG, chair of the municipal council of Inkoo, is hereby appointed alternate member of
the Committee of the Regions for the remainder of the current term of office, which runs until 25 January
2010.

This Decision shall take effect on the date of its adoption.

Article 2

Done at Brussels, 6 December 2007.

For the Council
The President

A. COSTA

(1) OJ L 56, 25.2.2006, p. 75.
Non-opposition to a notified concentration (Case COMP/M.4351 — Wolseley/DT Group) Text with EEA relevance
Date: 2007-12-06
Institutions: European Commission
Subjects: building materials, economic concentration, heating, merger control, restrictive-practice authorisation

C 294/6

EN

Official Journal of the European Union

6.12.2007

Non-opposition to a notified concentration

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

(Text with EEA relevance)

(2007/C 294/04)

On 5 November 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 32007M4888. EUR-Lex is the

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

Non-opposition to a notified concentration

(Case COMP/M.4351 — Wolseley/DT Group)

(Text with EEA relevance)

(2007/C 294/05)

On 6 September 2006, 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 32006M4351. EUR-Lex is the

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