do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.5041 — Berkshire Hathaway/Marmon Holdings) Text with EEA relevance
Date: 2008-03-12
Institutions: European Commission
Subjects: economic concentration, holding company, insurance company, merger control, processing industry

12.3.2008

EN

Official Journal of the European Union

C 67/7

Non-opposition to a notified concentration

(Case COMP/M.5041 — Berkshire Hathaway/Marmon Holdings)

(Text with EEA relevance)

(2008/C 67/03)

On 6 March 2008, 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 32008M5041. EUR-Lex is the

on-line access to European law (http://eur-lex.europa.eu).
Case T-107/07 P: Judgment of the Court of First Instance of 12 March 2008 — Rossi Ferreras v Commission of the European Communities (Appeal — Staff cases — Officials — Career development report — Appraisal year 2003 — Assessment of facts — Burden of proof and production of evidence — Appeal inadmissible — Appeal unfounded)
Date: 2008-03-12
Institutions: Court of First Instance
Subjects: European Commission, European official, action by staff, appeal, regulations for civil servants, staff assessment

26.4.2008

EN

Official Journal of the European Union

C 107/25

2. Orders OHIM to pay its own costs and the costs of Compagnie

générale de diététique SAS.

Judgment of the Court of First Instance of 12 March 2008
— Suez v OHIM

(1) OJ C 326, 30.12.2006.

(Case T-128/07) (1)

(Community trade mark — Application for Community word
mark Delivering the essentials of life — Absolute ground for
refusal — Lack of distinctive character — Article 7(1)(b) of
Regulation (EC) No 40/94)

Judgment of the Court of First Instance of 12 March 2008
the European
— Rossi Ferreras v Commission of

Communities

(Case T-107/07 P) (1)

(2008/C 107/42)

Language of the case: French

(Appeal — Staff cases — Officials — Career development
report — Appraisal year 2003 — Assessment of facts —
evidence —
Burden

of
Appeal inadmissible — Appeal unfounded)

production

proof

and

of

Parties

(2008/C 107/41)

Language of the case: French

Applicant: Suez (Paris, France) (represented by: P. Combeau and
D. Régnier, lawyers)

Parties

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, agent)

(represented by: A.

and Designs)

Appellant: Francisco Rossi Ferreras (Luxembourg, Luxembourg)
(represented by: F. Frabetti and S. Martin. lawyers)

Other party to the proceedings: Commission of
the European
Communities (represented by: V. Joris and K. Herrmann, agents)

Re:

Re:

Appeal against judgment of the European Union Civil Service
Tribunal
(Second Chamber) of 1 February 2007 in Case
F-42/05 Rossi Ferreras v Commission, not yet published in ECR,
for the annulment of that judgment.

Operative part of the judgment

The Court:

1. dismisses the appeal;

Action brought against the decision of the First Board of Appeal
of OHIM of 2 February 2007 (Case R 811/2006-1) concerning
an application for registration of the mark Delivering the essen-
tials of life as a Community trade mark.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Mr Francisco Rossi Ferreras to bear his own costs and to pay

the costs of the Commission.

2. orders Suez to pay the costs.

(1) OJ C 129, 9.6.2007.

(1) OJ C 140, 23.6.2007.
Prior notification of a concentration (Case COMP/M.5087 — Candover/Towergate/Paymentshield/Open GI) — Candidate case for simplified procedure Text with EEA relevance
Date: 2008-03-12
Institutions: European Commission
Subjects: economic concentration, exchange of information, insurance company, merger control, services company

12.3.2008

EN

Official Journal of the European Union

C 67/59

Prior notification of a concentration

(Case COMP/M.5087 — Candover/Towergate/Paymentshield/Open GI)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 67/11)

1.
On 5 March 2008, 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 Candover Partners Limited
(‘Candover’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Council Regulation joint
control of the undertakings Towergate Partnership Limited (‘Towergate’, United Kingdom), Paymentshield
Group Holdings Limited (‘Paymenshield’, United Kingdom) and Broomco Limited (‘Open GI’, United
Kingdom) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for undertaking Candover: provision of fund management services including the provision of invest-

ments management advice and services to investment funds,

— for undertaking Towergate: distribution of non-life insurance products primarily to SME's,

— for undertaking Paymentshield: distribution of mortgage payment protection insurance and building and

contents insurance products for individuals through other insurance intermediaries,

— for undertaking Open GI: provision of insurance technology solutions to insurance intermediaries.

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 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.5087 — Candover/Towergate/Paymentshield/Open GI 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.
Request for waiver of the immunity of Hans-Peter Martin#European Parliament decision of  12 March 2008  on the request for waiver of the immunity of Hans-Peter Martin (2007/2215(IMM))
Date: 2008-03-12
Institutions: European Parliament
Subjects: Austria, Member of the European Parliament, parliamentary immunity

C 66 E/82

EN

Official Journal of the European Union

20.3.2009

Wednesday 12 March 2008

II

(Information)

INFORMATION FROM EUROPEAN UNION INSTITUTIONS AND BODIES

EUROPEAN PARLIAMENT

Request for waiver of the immunity of Hans-Peter Martin

P6_TA(2008)0089

European Parliament decision of 12 March 2008 on the request for waiver of the immunity of
Hans-Peter Martin (2007/2215(IMM))

(2009/C 66 E/16)

The European Parliament,

— having regard to the request for waiver of the immunity of Hans-Peter Martin, forwarded by the
Permanent Representative of the Republic of Austria on 24 September 2007, and announced in
plenary sitting on 27 September 2007,

— having heard Hans-Peter Martin in accordance with Rule 7(3) of its Rules of Procedure,

— having regard to Article 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the
European Communities and Article 6(2) of the Act of 20 September 1976 concerning the election of
the members of the European Parliament by direct universal suffrage,

— having regard to the judgments of 12 May 1964 and 10 July 1986 (1) of the Court of Justice of the

European Communities,

— having regard to Article 57 of the Austrian Bundes-Verfassungsgesetz,

— having regard to Rules 6(2) and 7 of its Rules of Procedure,

— having regard to the report of the Committee on Legal Affairs (A6-0071/2008),

1.

Decides to waive the immunity of Hans-Peter Martin;

Instructs its President to forward this decision, and the report of its committee responsible, immedi-

2.
ately to the appropriate authority of the Republic of Austria.

(1) Case 101/63 Wagner v Fohrmann and Krier [1964] ECR 195, and Case 149/85 Wybot v Faure and others [1986]

ECR 2391.
Opinion of the European Economic and Social Committee on the Proposal for a Directive of the European Parliament and of the Council concerning mergers of public limited liability companies (Codified version) COM(2008) 26 final — 2008/0009 (COD)
Date: 2008-03-12
Institutions: European Economic and Social Committee
Subjects: EU Member State, codification of EU law, company law, disclosure of information, merger, merger control, protection of shareholders, public limited company

C 204/24

EN

Official Journal of the European Union

9.8.2008

Opinion of the European Economic and Social Committee on the Proposal for a Directive …/…/EC
of the European Parliament and of the Council on the legal protection of computer programs
(Codified version)

COM(2008) 23 final — 2008/0019 (COD)

(2008/C 204/05)

On 13 February 2008 the Council decided to consult the European Economic and Social Committee, under
Article 95 of the Treaty establishing the European Community, on the

Proposal for a Directive …/…/EC of the European Parliament and the Council on the legal protection of computer
programs (codified version)

Since the Committee unreservedly endorses the proposal and feels that it requires no comment on its part,
it decided, at its 443rd plenary session of 12 and 13 March 2008 (meeting of 12 March), by 126 votes with
2 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 12 March 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

Opinion of the European Economic and Social Committee on the Proposal for a Directive of the
European Parliament and of the Council concerning mergers of public limited liability companies
(Codified version)

COM(2008) 26 final — 2008/0009 (COD)

(2008/C 204/06)

On 14 February 2008 the Council decided to consult the European Economic and Social Committee, under
Article 95 of the Treaty establishing the European Community, on the

Proposal for a Directive of the European Parliament and of the Council concerning mergers of public limited liability
companies (codified version)

Since the Committee unreservedly endorses the proposal and feels that it requires no comment on its part,
it decided, at its 443rd plenary session of 12 and 13 March 2008 (meeting of 12 March), by 117 votes to
1, with 7 abstentions, to issue an opinion endorsing the proposed text.

Brussels, 12 March 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS
Euro exchange rates
Date: 2008-03-12
Institutions: European Commission
Subjects: euro, exchange rate

C 67/8

EN

Official Journal of the European Union

12.3.2008

IV

(Notices)

NOTICES FROM EUROPEAN UNION INSTITUTIONS AND
BODIES

COMMISSION

Euro exchange rates (1)

11 March 2008

(2008/C 67/04)

1 euro =

Currency

Exchange rate

Currency

Exchange rate

USD

JPY

DKK

GBP

SEK

CHF

ISK

NOK

BGN

CZK

EEK

HUF

LTL

LVL

PLN

RON

SKK

US dollar

Japanese yen

Danish krone

Pound sterling

Swedish krona

Swiss franc

Iceland króna

Norwegian krone

Bulgarian lev

Czech koruna

Estonian kroon

Hungarian forint

Lithuanian litas

Latvian lats

Polish zloty

Romanian leu

Slovak koruna

1,5379

TRY

Turkish lira

158,37

AUD Australian dollar

7,4562

0,76455

9,3765

1,5790

CAD

HKD

NZD

SGD

Canadian dollar

Hong Kong dollar

New Zealand dollar

Singapore dollar

1,8942

1,6603

1,5261

11,9787

1,9158

2,1351

104,67

KRW South Korean won

1 487,92

7,8780

1,9558

25,125

15,6466

ZAR

CNY

HRK

IDR

South African rand

Chinese yuan renminbi

Croatian kuna

Indonesian rupiah

260,69

MYR Malaysian ringgit

3,4528

0,6969

3,5338

3,6919

PHP

RUB

THB

BRL

Philippine peso

Russian rouble

Thai baht

Brazilian real

32,347

MXN Mexican peso

12,1032

10,9235

7,2715

14 128,69

4,9228

63,208

36,6600

48,521

2,6000

16,5986

(1) Source:

reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.5048 — Ingersoll Rand/Trane) Text with EEA relevance
Date: 2008-03-12
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, thermal equipment

C 67/58

EN

Official Journal of the European Union

12.3.2008

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMPETITION
POLICY

COMMISSION

Prior notification of a concentration

(Case COMP/M.5048 — Ingersoll Rand/Trane)

(Text with EEA relevance)

(2008/C 67/10)

1.
On 3 March 2008, the Commission received a notification of a proposed concentration pursuant to
Article 4 of Council Regulation (EC) No 139/2004 (1) by which Ingersoll-Rand Company Ltd (‘IR’,
Bermudas) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of
Trane Inc. (‘Trane’, USA) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

— for IR: refrigeration equipment, industrial technologies, security products,

— for Trane: air conditioning equipment and services.

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.5048 — Ingersoll Rand/Trane, 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.
Framework Programme Security and Safeguarding Liberties — Specific Programme Prevention of and Fight against Crime — Operating grants
Date: 2008-03-12
Institutions: European Commission
Subjects: EU financing, EU programme, data protection, public safety

C 67/50

EN

Official Journal of the European Union

12.3.2008

Framework Programme ‘Security and Safeguarding Liberties’

Specific Programme ‘Prevention of and Fight against Crime’

Operating grants

(2008/C 67/08)

A call for proposals is published on the Europa website at:

http://www.ec.europa.eu/justice_home/funding/isec/funding_isec_en.htm

Deadline for presentation of proposals: 15 April 2008.
Commission Regulation (EC) No 222/2008 of 12 March 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables
Date: 2008-03-12
Institutions: European Commission
Subjects: agri-monetary policy, citrus fruit, fruit vegetable, import price, perennial vegetable, pip fruit

L 69/8

EN

Official Journal of the European Union

13.3.2008

COMMISSION REGULATION (EC) No 222/2008

of 12 March 2008

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 1580/2007
of 21 December 2007 laying down implementing rules of
Council Regulations (EC) No 2200/96, (EC) No 2201/96 and
(EC) No 1182/2007 in the fruit and vegetable sector (1), and in
particular Article 138(1) thereof,

Whereas:

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

(2)

In compliance with the above criteria,
the standard
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 138 of Regu-
lation (EC) No 1580/2007 shall be fixed as indicated in the
Annex hereto.

(1)

Regulation (EC) No 1580/2007 lays down, pursuant to
the outcome of the Uruguay Round multilateral trade
negotiations, the criteria whereby the Commission fixes

This Regulation shall enter into force on 13 March 2008.

Article 2

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

Done at Brussels, 12 March 2008.

For the Commission

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

(1) OJ L 350, 31.12.2007, p. 1.

13.3.2008

EN

Official Journal of the European Union

L 69/9

to Commission Regulation of 12 March 2008 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

0709 90 80

0805 10 20

0805 50 10

0808 10 80

0808 20 50

Third country code (1)

Standard import value

(EUR/100 kg)

JO
MA
TN
TR
ZZ

EG
JO
MA
TR
ZZ

MA
TR
ZZ

EG
ZZ

EG
IL
MA
TN
TR
ZZ

EG
IL
SY
TR
ZZ

AR
BR
CL
CN
MK
US
UY
ZZ

AR
CL
CN
ZA
ZZ

79,4
70,0
120,5
96,9
91,7

178,8
178,8
118,0
143,7
154,8

112,3
122,2
117,3

238,6
238,6

47,3
55,9
60,0
55,3
100,7
63,8

107,9
104,7
105,3
124,0
110,5

93,0
95,0
107,4
88,2
46,8
105,3
90,0
89,4

80,1
70,3
60,1
91,9
75,6

(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’.
Energy statistics#European Parliament legislative resolution of  12 March 2008  on the proposal for a regulation of the European Parliament and of the Council on energy statistics (COM(2006)0850 - C6-0035/2007 - 2007/0002(COD))
Date: 2008-03-12
Institutions: Committee on Industry, Research and Energy, European Parliament
Subjects: EU statistics, energy market, energy policy

20.3.2009

EN

Official Journal of the European Union

C 66 E/97

Wednesday 12 March 2008

Energy statistics ***I

P6_TA(2008)0090

European Parliament legislative resolution of 12 March 2008 on the proposal for a regulation of the
European Parliament and of the Council on energy statistics (COM(2006)0850 — C6-0035/2007 —
2007/0002(COD))

(2009/C 66 E/31)

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal

to the European Parliament and the Council

(COM(2006)0850),

— having regard to Article 251(2) of the EC Treaty, pursuant to which the Commission submitted the

proposal to Parliament (C6-0035/2007),

— having regard to Article 285(1) of the EC Treaty,

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Industry, Research and Energy (A6-0487/2007),

1.

2.

Approves the Commission proposal as amended;

Instructs its President to forward its position to the Council and the Commission.

P6_TC1-COD(2007)0002

Position of the European Parliament adopted at first reading on 12 March 2008 with a view to the
adoption of Regulation (EC) No …/2008 of the European Parliament and of the Council on energy
statistics

(As an agreement was reached between Parliament and Council, Parliament's position at first reading corresponds to the
final legislative act, Regulation (EC) No …/2008.)
Case T-128/07: Judgment of the Court of First Instance of 12 March 2008 — Suez v OHIM (Community trade mark — Application for Community word mark Delivering the essentials of life — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 40/94)
Date: 2008-03-12
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, France, action for annulment (EU), chemical industry, trade-mark law

26.4.2008

EN

Official Journal of the European Union

C 107/25

2. Orders OHIM to pay its own costs and the costs of Compagnie

générale de diététique SAS.

Judgment of the Court of First Instance of 12 March 2008
— Suez v OHIM

(1) OJ C 326, 30.12.2006.

(Case T-128/07) (1)

(Community trade mark — Application for Community word
mark Delivering the essentials of life — Absolute ground for
refusal — Lack of distinctive character — Article 7(1)(b) of
Regulation (EC) No 40/94)

Judgment of the Court of First Instance of 12 March 2008
the European
— Rossi Ferreras v Commission of

Communities

(Case T-107/07 P) (1)

(2008/C 107/42)

Language of the case: French

(Appeal — Staff cases — Officials — Career development
report — Appraisal year 2003 — Assessment of facts —
evidence —
Burden

of
Appeal inadmissible — Appeal unfounded)

production

proof

and

of

Parties

(2008/C 107/41)

Language of the case: French

Applicant: Suez (Paris, France) (represented by: P. Combeau and
D. Régnier, lawyers)

Parties

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks
Folliard-
Monguiral, agent)

(represented by: A.

and Designs)

Appellant: Francisco Rossi Ferreras (Luxembourg, Luxembourg)
(represented by: F. Frabetti and S. Martin. lawyers)

Other party to the proceedings: Commission of
the European
Communities (represented by: V. Joris and K. Herrmann, agents)

Re:

Re:

Appeal against judgment of the European Union Civil Service
Tribunal
(Second Chamber) of 1 February 2007 in Case
F-42/05 Rossi Ferreras v Commission, not yet published in ECR,
for the annulment of that judgment.

Operative part of the judgment

The Court:

1. dismisses the appeal;

Action brought against the decision of the First Board of Appeal
of OHIM of 2 February 2007 (Case R 811/2006-1) concerning
an application for registration of the mark Delivering the essen-
tials of life as a Community trade mark.

Operative part of the judgment

The Court:

1. dismisses the action;

2. orders Mr Francisco Rossi Ferreras to bear his own costs and to pay

the costs of the Commission.

2. orders Suez to pay the costs.

(1) OJ C 129, 9.6.2007.

(1) OJ C 140, 23.6.2007.