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Furthermore, the applicant claims that the Commission erred in law by increasing the fine for deterrence. According to the applicant, it has only become larger than the other companies involved at the very end or after the infringement and therefore did not have, at that time, the increased resources or greater economic power the Commission claims the applicant had. The applicant also invokes an infringement of fundamental principles limiting the Commission's discretion by considering only the turnover when assessing deterrent effect.
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Reaffirms the crucial importance of agriculture in pursuing the objectives laid down in the Cotonou Agreement, and, in this regard, calls upon the EU to appropriately address the issues of trade liberalisation and of sequencing financial support for agriculture and fisheries during EPA negotiations in these areas, so as to facilitate diversification and addition of value to agricultural exports of the ACP countries through the provision of direct technical assistance and adequate financial resources, and through initiatives aimed at promoting the processing, marketing, distribution and transportation (PMDT) of ACP products;
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Calls on the Commission to establish an inventory of all non-tariff barriers, especially sanitary and phytosanitary measures that inhibit the export of ACP products into the EU, and to establish an exchange of information with the ACP on the design and implementation of SPS measures, so that the promotion of food safety in Europe does not become a barrier to trade from small and least developed ACP countries; notes that this should include arrangements for financing the costs associated with SPS compliance and verification;
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whereas the Common Organisation for Sugar (CMO Sugar), which incorporates specific provisions granting some ACP States preferential access to the European market and improving the LDCs' export potential to the EU, thereby facilitating development of important LDC industries, is due for review; and whereas, in respect of the CMO Sugar, the Commission has proposed three options while leaving aside the fourth option on the 'Fixed Quota System' preferred by the ACP, the LDCs and a number of European stakeholders,
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is aware that designating two Capitals of Culture per year from 2009 may be seen as diminishing the status of the European Capital of Culture but on reflection considers that such a proposal is the most favourable solution for involving cities from the new Member States at the earliest opportunity and maintaining the agreed chronological list of nominating Member States (Annex I of Decision 1419/1999/EC), some of whose cities may currently be making preparations with a view to being a nominated city;
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stresses that, in view of the situation in the countries of the southern and eastern Mediterranean and the Middle East, the European Union must significantly step up its action in this region. The Mediterranean cannot be both the cradle of civilisation and a peripheral region; it cannot be considered both a top priority for action to promote coexistence and cooperation between peoples and cultures, and solely a security issue. Moreover, the Mediterranean is characterised by its wealth and diversity, its regions steeped in history, and also its vulnerability;
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recalls that, in keeping with the Barcelona spirit, the Euro-Mediterranean partnership is structured on two levels of action – bilateral and regional – in three equally important areas, viz.: political and security cooperation; economic and financial cooperation; and cooperation in the sphere of social, cultural and human relations. Launched in 1995, this strategy is gradually becoming imbued with the spirit of sustainable development, which should be at the heart of all Euro-Mediterranean cooperation at sub-national level, as it is in the action plan initiated by States under the aegis of UNEP (United Nations Strategic Action Plan for the Mediterranean);
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regrets that the Commission has not yet carried out the study evaluating the impact of establishing the free trade area; the evaluation should take into account the five challenges to be tackled by MEDA II: population, employment and migration, globalisation, dwindling of resources and the environmental challenge; recalls that this document has been expected since the Malta conference (Barcelona II, 1997) and has been requested on several occasions by the Co R and the European Parliament;
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emphasises the need to provide for a new legal basis for the support of town-twinning schemes, which are an intrinsic element of the partnership; recalls in this regard that at their meeting in Crete (26-27 May 2003) the Euro-Mediterranean ministers for foreign affairs asserted that the local and regional authorities could also contribute significantly to the dialogue between cultures and civilizations through a decentralized cooperation and through town-twinning actions, and, in this context, be closely involved in this mission which constitutes an essential part of the Euro-Mediterranean partnership;
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supports the activities of local and regional bodies such as the IRMEDD in Montpellier, the LEM Foundation in Livorno, the Three Cultures of the Mediterranean Foundation in Seville, the Mediterranean Laboratory Foundation in Naples, the Catalan Institute of Mediterranean Studies and Cooperation in Barcelona, the Institute of the Mediterranean in Marseille, the Mediterranean Institute of European Studies in Valencia, Med Cities in Barcelona, etc; strongly encourages the role they play in research, exchanges of experiences and cultural dissemination, with a view to their participation in the initiatives of the Euro-Mediterranean Foundation set up at the Naples conference.
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The Committee of the Regions would stress its opposition to the Commission's view that a ban on degrading text and images in the media and advertising, and on racist texts, would constitute an infringement of the basic principle of freedom of the press. According to the UN Declaration on Human Rights, legal constraints may be placed on press freedom in order to ensure due recognition and respect for the rights and freedoms of others, and to meet the just requirements of morality, public order and the general welfare in a democratic society (Article 29).
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On 28/04/2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89, as last amended by Regulation (EC) No 1310/97, by which the undertakings Total Lubrifiants ( Total, France) belonging to the Total group and Endel (France), belonging to the Suez group, acquire(s) within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Daenerys (France) by way of purchase of shares in a newly created company constituting a joint venture.
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On 30.04.2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89, as last amended by Regulation (EC) No 1310/97, by which the undertakings Thales S.A. (Thales, France) and Diehl Stiftung & Co. (Diehl, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the German undertaking Diehl Luftfahrtelektronik Gmb H (DLE), currently solely controlled by Diehl, by way of purchase of shares.
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On 30.4.2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89, as last amended by Regulation (EC) No 1310/97, by which the undertaking NYK Reefers Limited (NYK Reefers, UK) belonging to the Japanese NYK Group, acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control of Lauritzen Cool Logistics AB (LCL, Sweden) by way of purchase of 50 % of the shares in LCL from Lauritzen Cool AB (Lau Cool, Sweden).
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On 3 May 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89, as last amended by Regulation (EC) No 1310/97, by which the undertakings Banco Bilbao Vizcaya Argentaria S.A. (BBVA, Spain) and Banca Nazionale del Lavoro S.p.A. (BNL, Italy) acquire(s) within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Joint Venture by way of purchase of shares in a newly created company constituting a joint venture.
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Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not co-operate, or co-operates only partially, and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to the party than if it had co-operated.
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On 07.05.2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89, as last amended by Regulation (EC) No 1310/97, by which the undertaking VDXK Acquisition B.V. (Bidco, The Netherlands) controlled by Kohlberg Kravis Roberts & Co. L.P. (KKR, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Koninklijke Vendex KBB N.V. (Vendex, The Netherlands) by way of purchase of shares.
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On 13/05/2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Goldman Sachs Group Inc. (GS, USA), and Transport Resource Management LLC (TRM, USA) controlled by TRP Entities and Mr John C. Kennedy (JCK, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Titan Holding Inc., a holding company for the Autocam Group by way of purchase of shares.
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On 8 and 26 April 2004, the Commission received joint referral requests from the authorities of France, Sweden and Germany, pursuant to Article 22 of Council Regulation (EEC) No 4064/89 to investigate a proposed concentration by which the undertaking Société de participations du Commissariat à l'Energie Atomique SA (AREVA, France) acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Enrichment Technology Company Limited (ETC, United Kingdom), formerly solely controlled by the undertaking Urenco Limited (URENCO, United Kingdom)], by way of purchase of shares.
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Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not co-operate, or co-operates only partially, and findings are therefore based on fact available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had co-operated.
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On 24/05/2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which Volkswagen Financial Services AG (VWFS, Germany, part of the Volkswagen Group), Offsets Development Company (Offsets, United Arab Emirates), and Crescent Holding Gmb H (Crescent, Austria), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Lease Plan Corporation NV (Lease Plan, Netherlands), by way of purchase of shares.
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Moreover, the applicants claim that the Commission failed in the contested decision to make expressly the required statements specifying the species and habitats for which the sites now listed by it as SCIs are actually of Community importance. Finally, the applicants submit that, in respect of the conservation areas affecting them, the content of the decision is based on erroneous technical information. The sites were thus wrongly declared SCIs in respect of particular species and habitats and the contested decision must be annulled for this reason also.
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On 27.05.2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89, as last amended by Regulation (EC) No 1310/97, by which the undertakings Deutsche BP Aktiengesellschaft (Deutsche BP, Germany) belonging to the BP group and OKTAN Mineralöl-Vertrieb Gmb H (Oktan, Germany) belonging to the BMV group acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Aral Wärme Service Gmb H (AWS, Germany) by way of purchase of securities.
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On 27.05.2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Dow Chemical Company (Dow, U.S.) and Petrochemical Industries Company K.S.C. (PIC, Kuwait) belonging to Kuwait Petroleum Corporation (KPC, Kuwait) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking White Sands (the White Sands JV), by way of contribution of assets and rights to a newly created company constituting a joint venture.
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On 27.05.2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Dow Chemical Company (Dow, U.S.) and Petrochemical Industries Company K.S.C. (PIC, Kuwait) belonging to Kuwait Petroleum Corporation (KPC, Kuwait) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Planet b.v. (the Planet JV), by way of contribution of assets and purchase of shares in a newly created company constituting a joint venture.
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On 27.05.2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Electra European Fund (GP) Limited (Electra, United Kingdom), belonging to the group Electra Partners Europe Holding Limited (United Kingdom), and Englefield Capital L.L.P (Englefield, United Kingdom), belonging to the Englefield Funds (United Kingdom), acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Global Solutions Limited (GSL, United Kingdom) by way of purchase of shares.
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On 04.06.2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89, as last amended by Regulation (EC) No 1310/97, by which the undertaking Knight Lux 1 S.a.r.L (Luxembourg), controlled by Rockwood Specialties Group Inc. (USA) which in turn belongs to Kohlberg Kravis Roberts & Co. L.P. (KKR, USA) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Dynamit Nobel AG (DN, Germany) by way of purchase of shares.
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On 02/06/2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89, as last amended by Regulation (EC) No 1310/97, by which the undertakings Apax Europe IV (Apax, United Kingdom) ultimately controlled by Hirzell Trust and Cap Man Funds (Cap Man, Finland)controlled by Cap Man Plc acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Solid Oy (Solid, Finland) by way of new share issue.
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declare that, by failing to take all the measures necessary for laying down and implementing a cohesive, specific and integrated legal regime capable of ensuring sustainable management and effective protection of Special Protection Area GR2310001 Acheloos Delta, Messolonghi/Aitolikon Lagoon and the estuary of the River Evinos and Echinades Islands, in the light of the conservation objectives of Directive 79/409/EEC on the conservation of wild birds, the Hellenic Republic has failed to fulfil its obligations under Article 4(1) and (2) of that directive;
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annul the judgment of the Court of First Instance dated 13 January 2004 in case T-67/01, JCB Service against Commission of the European Communities, in so far as (i) it condemns an alleged general restriction on passive sales by authorised distributors in the United Kingdom, Ireland, France and Italy, and an alleged restriction on the sources of supply of distributors located in France and Italy, which prevented cross-supplies between distributors, and in so far as (ii) it imposes a fine on JCB Service for these alleged infringements; and
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Declare that, by not providing the information to be collected by 31 December 1999 by the competent authorities or the appropriate bodies as part of the monitoring of waste discharges and sludges introduced by Article 15 of Council Directive 91/271/EEC, with respect to the agglomerations concerned by the 31 December 1998 time-limit, within six months of the Commission's request of 18 December 2000, the French Republic has failed to fulfil its obligations under Article 15(4) of that directive.
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The ECB is also in favour of the introduction in the proposed regulation of the breakdown of new orders and prices by their origin, that is, within or outside the euro area. They are needed by the ECB to allow it to distinguish between euro area and non-euro area economic developments. The ECB agrees that this breakdown should only be produced by those Member States which have adopted the euro. However, it is important that those Member States which adopt the euro in the future will also be able to provide sufficiently long back series at that time.
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The ECB welcomes the option set out in the proposed regulation of compiling certain euro area indicators by means of so-called European sample schemes. In the light of limited resources and the need to set priorities, this helps to improve euro area statistics and, at the same time, it may reduce the resources required at the national level. For the same reason, the ECB supports the fact that the proposed regulation significantly reduces the transmission requirements for small EU countries, allowing them to focus on compiling the main aggregates.
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On 04/06/2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings TPG Partners IV, L.P. (TPG IV, USA), a group of parallel funds managed by TPG Advisors IV, Inc., and DLJ Merchant Banking III, Inc. (DLJ MB, USA), which belongs to the Credit Suisse Group (CS Group, Switzerland), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking GROHE AG (GROHE, Germany) by way of purchase of shares.
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Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available. If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic regulation, the result may be less favourable to that party than if it had cooperated.
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This view is also supported by an examination of the different language versions of Article 1 of the directive. Apart from the German and Danish texts, which both use the same term in Article 1(1) and (2), that is, Abgaben and afgifter, respectively, all of the other language versions use different terms in Article 1(1) and (2), namely taxes et droits in French, taxes and fees in English, etc. It is obvious that the terms droits and fees can only refer to fees paid for a service.
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The Commission, the applicant argues, erred in finding that the applicant was manifestly negligent in regard to meeting the conditions governing its authorisation for inward processing. According to the applicant, the glucose to be exported, produced from wheat and maize, had the same characteristics as glucose obtained solely from maize. The applicant submits further that both products come under one single CN code. It claims that the only reproach which may be made against it is that it exported the glucose in part after expiry of the six-month period set out in the authorisation.
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By its first plea, the applicant alleges that the statement of reasons for the contested decision is erroneous and that the decision infringes Article 86(2) EC and the provisions on State aid. It disputes the Commission's finding that the activities of the two channels in question are a service in the general interest within the meaning of Article 86(2) and points out that, although its own activities are almost identical, they are not regarded as being in the general interest. It also calls into question the financial assessment of the aid made by the Commission in the contested decision.
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None. Furthermore, any legal entity established in a third country not covered by article 6(2) of the Rules for Participation (entities in countries having concluded an ST agreement with the Community may participate by right) may also participate in this call providing that such an involvement would be beneficial or essential to the proposed activity, and is over and above the specified minimum number of participants from Member State or associated countries. The Community may contribute towards the costs of such participation.
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None. Furthermore, any legal entity established in a third country not covered by article 6(2) of the Rules for Participation (entities in countries having concluded an S&T agreement with the Community may participate by right) may also participate in this call providing that such an involvement would be beneficial or essential to the proposed activity, and is over and above the specified minimum number of participants from Member State or associated countries. The Community may contribute towards the costs of such participation.
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On 29 June 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking TNT Forwarding Holding AB (TNTF, Sweden) belonging to TPG N.V. (TPG, The Netherlands) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the undertaking Wilson Logistics Holding AB (Wilson, Sweden) currently controlled by Nordic Capital, Fund III, by way of purchase of shares.
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On 25 June 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Doughty Hanson & Co limited (DHC, UK), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Balta Industries N.V. (Balta, Belgium) with the exception of the IVC vinyl floor covering business, by way of purchase of shares.
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The Court of Justice has held that, even though certain contracts concerning public procurement are outside the scope of the procurement directives, the procurement authorities which conclude them must nevertheless comply with the fundamental provisions of the Treaty. Even though the Community legislature considered that the detailed procedures laid down in the directives concerning public procurement are not regarded as applicable to public contracts below the threshold values in accordance with those provisions, that alone does not mean, however, that such procurement contracts do not fall within the scope of Community law.
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The applicants further consider that certain provisions of the contested regulation contravene important principles undermining the EC Treaty such as those in the sector of agriculture, of competition, consumer protection, equal treatment, proportionality, acquired rights and legal certainty. Specific provisions of Regulation No 1493/1999 (Articles 47, 48 and 49) are then also infringed by the contested regulation which also runs counter to Articles 23(3) and 24(4) of the Marrakesh Trips Agreement of 15 April 1994 (Trade Related Intellectual Property Rights) to which the Community is a party.
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According to the applicant, the contested decision is based on a speculative foreclosure theory according to which the widespread distribution of media functionality in Windows may, at some undetermined point in the future, lead to a situation in which content providers and software developers will encode almost exclusively in Windows Media formats. The applicant submits that this theory is inconsistent with the Commission Decision regarding the AOL/Time Warner concentration as well as with the evidence on file showing that content providers continue to encode in multiple formats.
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Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available. If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.
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On 12 July 2004, the Commission received a notification of a concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89, as last amended by Regulation (EC) No 1310/97, by which the undertakings Microsoft Corporation (Microsoft, USA) and Time Warner Inc. (Time Warner, USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Content Guard Holdings Inc. (Content Guard, USA) by way of purchase of shares. Before the transaction Content Guard was controlled by Xerox.
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On 9 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89, as last amended by Regulation (EC) No 1310/97, by which the Portuguese undertaking Electricidade de Portugal S.A. (EDP), along with the Italian undertaking ENI S.p.A. (ENI), acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control of the Portuguese undertaking Gás de Portugal SGPS S.A. (GDP) by way of purchase of shares.
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Judgment of the Court (Grand Chamber) of 8 June 2004 in Case C-220/02 (reference for a preliminary ruling from the Oberster Gerichtshof): Österreichischer Gewerkschaftsbund, Gewerkschaft der Privatangestellten v Wirtschaftskammer Österreich (Principle of equal pay for men and women — Concept of pay — Taking into account, for calculation of termination payments, of periods of military service — Possibility of comparing workers performing military service with women workers who, after their maternity leave, take parental leave the duration of which is not taken into account for calculating a termination payment)
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The rules by virtue of which cable providers must systematically inform all communes in which their networks are installed impose on those providers an additional obligation in contrast to the general freedom to provide services applicable to other providers of telecommunications services. Since there are no objective factors such as to justify this differential treatment, the French rules are discriminatory in this respect and infringe the provisions of Article 1 in conjunction with Article 2(3) of Directive 90/388/EEC, as amended by Directives 95/51/EC and 96/19/EC.
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Judgment of the Court of First Instance of 25 May 2004 in Case T-154/01: Distilleria F. Palma Sp A v Commission of the European Communities (Regulation (EEC) No 822/87 — Common organisation of the market in wine — Regulation (EEC) No 1780/89 — Regulation (EEC) No 2710/93 — Regulation (EC) No 416/96 — Disposal of alcohol obtained by distillation — Regulation (EEC) No 3390/90 — Sale by tender for use as motor fuel — Refusal by the Commission to amend a number of conditions for the tender — Force majeure — Non-contractual liability of the Community — Admissibility)
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Following the Commission Decision of 11 December 2002, Greece is required to recover the aid declared to be incompatible. The Commission concluded that aid previously granted by the Greek State and authorised by the Commission in 1998 was incompatible with the Treaty on account of failure to meet the relevant conditions (Article 1). In addition, the Commission found that Olympic Airways had received new aid that was unlawful and incompatible (Article 2). The incompatible aid has still not been recovered.
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The Commission has re-examined the financial situation of Olympic Airways from 2003. It would seem that the considerable losses made by the company in recent years have gradually eaten away at the value of the company's own funds and limited its ability to borrow from credit organisations on sound bases. As a result of this drying-up of its normal sources of financing, Olympic Airways has resorted to expedients in order to be able to cover its short-term cash-flow needs, primarily short-term bank loans, but especially a considerable increase in debts vis-à-vis the State and affiliated organisations.
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By letter of 19 January, the plaintiff, Aegean Airlines, sent the Commission a copy of a letter from the Civil Aviation Administration from which it emerges that Olympic Airways owes Athens International Airport the sum of EUR 26001473.33 in Spatosimo taxes which it has charged but not refunded to the airport. The State would seem to be requiring the payment of this debt of EUR 26 million of Olympic Airways through a transfer of the Spatosimo tax received by other airports to the account of Athens International Airport.
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On 19 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Siemens Aktiengesellschaft (Siemens, Germany), through its wholly-owned subsidiary, Siemens Holdings plc (Siemens Holdings) acquires within the meaning of Article 3(1)(b) of the Council regulation the undertaking BBC Technology Holdings Limited (BBC T, UK), a wholly-owned subsidiary of the British Broadcasting Company by way of purchase of shares.
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Joint Stock Company United Company Siberian Aluminium has informed the Commission that Sayan Foil has been registered as a separate legal entity and has in the process changed its name into Open Joint Stock Company Rusal Sayanal with the address Promploshadka, Sayanagorsk, Republic of Khakasia 655600, Russia. Joint Stock Company United Company Siberian Aluminium has argued that the change of name and address does not affect the right of Open Joint Stock Company Rusal Sayanal to benefit from the undertaking applied previously under its former name and address.
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Contributions would be towards the costs that European environmental NGOs have to bear in carrying out the activities provided for in their 2005 annual work programme. Applicant organisations should be operating at a European level, either singly or in the form of several co-ordinated associations, with a structure (membership base) and activities covering at least three European countries. Coverage of two European countries is acceptable, provided that the primary objective of the activities is to support the development and implementation of Community environmental policy.
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On 23 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Helsingin Energia (Helsingin, Finland), Vantaan Energia Oy (Vantaan, Finland), E.ON Finland Oy, controlled by E.On AG (E.ON, Germany), and Lahti Energia Oy (Lahti, Finland) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the Finnish undertaking Suomen Energia-Urakointi Oy (SEU) by way of purchase of shares.
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Within the abovementioned limits, to ensure the transparency of the ECB's sanctioning policy, this notice explains the principles which the ECB will follow, from the reference period December 2004 for monthly reporting requirements and fourth quarter 2004 for quarterly reporting requirements, in imposing sanctions for infringements of balance sheet statistical reporting requirements due to failure to comply with the minimum standards laid down in Annex IV to Regulation ECB/2001/13 of 22 November 2001 concerning the consolidated balance sheet of the monetary financial institutions sector.
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Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate, or cooperates only partially, and findings are therefore based on facts available in accordance with Article 18, the result may be less favourable to that party than if it had cooperated.
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On 23 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking GDX Holdings LLC (Holdings, United-States) controlled by the Cerberus group (Cerberus, Unites States) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of parts of the undertaking GDX Automotive business (GDX, Unites-States), controlled by Gen Corp Inc. (United-States), by way of purchase of assets.
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Declare that the Federal Republic of Germany has infringed the principle of equal treatment for men and women laid down under Articles 1, 2 and 5 of Council Directive 76/207/EEC, and Clause 4 of the Framework Agreement on part-time work concluded between UNICE, CEEP and the ETUC set out in the Annex to Council Directive 97/81/EC, in that it indirectly discriminates against women, who form the great majority of part-time employees working less than 18 hours a week in the German public sector, by excluding,
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annul the Commission's letter No E2/LP D(2004) 712 of 25 March 2004, received on 26 March 2004, by which the European Commission, Directorate-General for Regional Policy, communicated to it the decision that amounts in respect of payments of certain advance payments (advance payments in the context of aid schemes for any Objective 1 and 2 programme) must be clearly identified in future payment declarations, in accordance with the provisions of the abovementioned letter from Commissioner Barnier, together with all underlying and connected measures;
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Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate, or cooperates only partially, and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.
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On 30 July 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the Spanish undertaking Lactalis Iberia S.A. (Lactalis) belonging to the Belgian holding BSA acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the Spanish undertakings Grupo el Prado Cervera S.L. (Grupo Cervera) and Central Lechera Vallisoletana (CLV) by way of purchase of shares. These two companies are presently controlled by the French company Alliance Agroalimentaire 3A.
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On 2 August 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking SEB Trygg Liv Holding AB, belonging to the Skandinaviska Enskilda Banken group (SEB Group, Sweden), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakings Forsikringsselskabet Hafnia Liv A/S, Codan Pensionsforsikring A/S, A/S Forsikringsselskabet Codan Pension and A/S Forsikringsselskabet Codan Link (together Codan Pension, Denmark) by way of purchase of shares.
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267
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Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made, in accordance with Article 18 of the basic Regulation, of the facts available. If an interested party does not cooperate, or cooperates only partially, and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that third party than if it had cooperated.
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268
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On 11 August 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings ACNielsen Corporation (ACNielsen, USA), controlled by VNU N.V. (VNU, Netherlands) and AGB Holding S.p.A. (AGB, Italy), controlled by WPP Group plc (WPP, UK), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking AGB Nielsen Media Research (AGB Nielsen JV) by way of purchase of shares in a newly created company constituting a joint venture.
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269
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Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available. If an interested party does not cooperate or cooperates only partially, and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.
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270
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On 17 August 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Koninklijke TPG Post B.V. controlled by TPG N.V. (TPG Post, The Netherlands) and Essent Retail Bedrijven B.V. belonging to the group Essent (Essent Retail, The Netherlands) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Cendris BSC Customer Contact B.V. (Cendris BSC, The Netherlands) by way of purchase of shares in a newly created company constituting a joint venture.
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271
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On 18 August 2004, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Kohlberg Kravis Roberts & Co. L.P. (KKR; USA) and DLJ Merchant Banking III, Inc. (DLJ ; USA), which belongs to the Credit Suisse group (CS; Switzerland), acquire within the meaning of Article 3(1)(b) of the Council regulation joint control over the undertakings Jostens, Inc. (Jostens, USA), The Von Hoffmann Corporation (Von Hoffmann, USA) and AKI, Inc. (Arcade, USA) by way of purchase of shares.
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272
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The Mabb seems to grant directly an advantage to the private broadcasters and, indirectly, to T-Systems. Mabb provides a financial incentive to move away from analogue and to use terrestrial instead. T-Systems does not have to ask for subscription fees from the end user or charge a lower fee to the broadcasters. DVB-T is a technology which competes with DVB-C and DVB-S (digital television by cable or by satellite). The advantages granted to T-Systems are capable of distorting competition and having an effect on trade. It seems that the conditions for Article 87(1) EC have been met.
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273
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Judgment of the Court (Grand Chamber) of 29 June 2004 in Case C-486/01 P: Front National v European Parliament (Appeal — Statement of formation of a group within the meaning of Rule 29(1) of the Rules of Procedure of the European Parliament — Lack of political affinities — Retroactive dissolution of the TDI Group — Cross-appeal — Interpretation of the fourth paragraph of Article 230 EC — Meaning of decision of ‘direct and individual’ concern to a natural or legal person — Inadmissibility of action brought by a national political party)
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274
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Judgment of the Court (Second Chamber) of 8 July 2004 in Joined Cases C-502/01 and C-31/02 (reference for a preliminary ruling from the Sozialgericht Hannover and the Sozialgericht Aachen): Silke Gaumain-Cerri v Kaufmännische Krankenkasse-Pflegekasse, and Maria Barth v Landesversicherungsanstalt Rheinprovinz (Social security — Freedom of movement for workers — EC Treaty — Council Regulation (EEC) No 1408/71 — Benefits designed to cover the risk of becoming reliant on care — Payment by the care insurance of old age insurance contributions of the carer assisting the reliant person)
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275
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Officials Auxiliary servant Conference interpreter Article 74 of the Conditions of Employment of Other Servants End of engagement Language of the case: French In Case T-275/01: Mercedes Alvarez Moreno, residing in Berlin (Germany), represented by G. Vandersanden, lawyer, against European Parliament (Agents: H. von Hertzen and J. de Wachter), application, first, for annulment of the decision no longer to engage conference interpreters who have reached the age of 65 years and, second, for damages, the Court of First Instance (Fifth Chamber), composed of R. García-Valdecasas, President, and P. Lindh and J.D. Cooke, Judges; J.
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276
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The applicant also claims that the Commission is wrong in stating in relation to the payroll tax and property tax not applying to companies without commercial buildings or employees in Gibraltar, that the reform exempts an offshore sector and is materially selective on hat ground. The applicant claims furthermore that the Commission breached essential procedural requirements in this regard because neither the United Kingdom nor the applicant were given an opportunity to comment on this issue during the formal investigation.
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277
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As regards the correction made to the three-year restructuring programme for fruit and vegetables, Greece alleges misinterpretation of Article 2 of Regulation No 3816/92, mistaken assessment of the circumstances in the particular sense that what was achieved within the three-year period had to be paid for rather than what was functioning, just as restructuring action had to be paid for; this took place six months after the end of the three-year period and was paid for in the first six-month period of 2000.
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278
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Insofar as by 14 December 2004 no air carrier has commenced or is about to commence scheduled air services between Le Puy-en-Velay (Loudes) and Paris (Orly) in accordance with the public service obligations imposed and without requesting financial compensation, France has decided, in accordance with the procedure laid down by Article 4(1)(d) of that Regulation, to limit access to only one air carrier and to offer by public tender the right to operate such services from 14 January 2005.
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279
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The Commission considers that the information furnished by the Belgian authorities does not justify the conclusion of the agreement in question between the Belgian State and Umicore or permit the reduction in the VAT debt established in the light of the Special Tax Inspectorate's findings. In particular, the information furnished appears contradictory in that, on the one hand, the Belgian authorities have asserted that Umicore owed the Belgian State a VAT debt and that, moreover, a tax fine should be imposed, while on the other hand those same authorities considered that no tax debt had been established.
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280
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There will be competition between proposals both across and within research topic areas in this call, which may result in some topics not being supported. Whilst quality will be the determining factor in the selection of proposals, it is expected that at least 50 % of the overall budget for this call be allocated to the areas Renewable energy technologies and Socioeconomic tools and concepts and about 50 % to the areas Fuel cells, New technologies for energy carriers and Capture and sequestration of CO2.
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281
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By letter dated 25 November 2003, registered at the Commission on 26 November 2003, the UK authorities notified, pursuant to Article 88(3) of the EC Treaty, the 'Enterprise capital funds' scheme. By letter D/58191 dated 19 December 2003 the Commission requested additional information concerning the abovementioned measure. This information was submitted by the United Kingdom authorities by letter dated 30 January 2004 and letter dated 19 March 2004, registered at the Commission on 3 February 2004 and 25 March 2004, respectively.
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282
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A wide partnership must be developed, including not only institutional partners from national, regional and local authorities, but also economic and social partners and other relevant competent bodies (non-governmental organisations, representatives from the academic world, etc.) as provided for in Article 8 of the general Regulation. The Commission is particularly concerned that this partnership is developed from the outset, from the phase of elaboration of the joint strategy to the implementation of the operations. Following a transparent publicity phase, operations must allow the widest possible degree of participation by public and private actors.
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283
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The measures selected must underpin an integrated territorial approach that responds to common problems and opportunities and leads to genuine benefits for the transnational area. Cooperation between insular and maritime regions will be particularly encouraged, as well as cooperation between regions with common handicaps such as mountain zones. Key areas for infrastructure investments must also be identified. Only infrastructure with a transnational impact can be taken into consideration. Motorway and main road construction are excluded. The operations selected must also demonstrate concrete, visible and innovative results.
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284
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Judgment of the Court (Second Chamber) of 15 July 2004 in Joined Cases C-37/02 and C-38/02 (references for a preliminary ruling by the Tribunale amministrativo regionale per il Veneto): Di Lenardo Adriano Srl and Dilexport Srl v Ministero del Commercio con l'Estero (Bananas — Common organisation of the market — Regulation (EC) No 896/2001 — Common system of trade with third countries — Primary imports — Validity — Protection of legitimate expectations — Retroactivity — Implementing power)
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285
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Failure of a Member State to fulfil obligations Directive 77/388/ECVATArticle 11(A)(1)(a)Taxable amount Subsidy directly linked to the price Regulation (EC) No 603/95Aid granted in the dried fodder sector Language of the case: German Provisional translation; the definitive translation will be published in the European Court Reports In Case C-144/02: Commission of the European Communities (Agent: E. Traversa and K. Gross ) v Federal Republic of Germany (Agent: M. Lumma), supported by Republic of Finland (Agents: T. Pynnä and E. Bygglin) and by Kingdom of Sweden (Agents: Kruse and A.
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286
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Article 18(1) and (2) of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs must be interpreted as precluding national legislation, such as that at issue, which prohibits references to slimming and to medical recommendations, attestations, declarations or statements of approval in the labelling and presentation of foodstuffs.
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287
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Judgment of the Court (Grand Chamber) of 13 July 2004 in Case C-262/02: Commission of the European Communities v French Republic (Failure by a Member State to fulfil its obligations — Article 59 of the EC Treaty (now, after amendment, Article 49 EC) — Television broadcasting — Advertising — National measure prohibiting television advertising for alcoholic beverages marketed in that State, in the case of indirect television advertising resulting from the appearance on screen of hoardings visible during the retransmission of certain sporting events — ‘Loi Evin’)
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288
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Articles 73b and 73d(1) and (3) of the EC Treaty (now, respectively, Articles 56 EC and 58(1) and (3) EC) preclude legislation which allows only the recipients of revenue from capital of Austrian origin to choose between a tax with discharging effect and ordinary income tax with the application of a rate reduced by half, while providing that revenue from capital originating in another Member State must be subject to ordinary income tax without any reduction in the rate.
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289
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Judgment of the Court (Grand Chamber) of 13 July 2004 in Case C-429/02 (reference for a preliminary ruling from the Cour de Cassation (France): Bacardi France SAS v Télévision française 1 SA (TF1) and Others (Article 59 of the EC Treaty (now, after amendment, Article 49 EC) — Directive 89/552/CEE — Television without frontiers — Television broadcasting — Advertising — National measure prohibiting television advertising for alcoholic drinks marketed in that Member State, in the case of indirect television advertising arising from the appearance on screen of hoardings visible during the transmission of sporting events — ‘Loi Evin’)
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290
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The first sentence of Article 2(2) of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities does not preclude a Member State from prohibiting television advertising for alcoholic beverages marketed in that State, in the case of indirect television advertising resulting from the appearance on screen of hoardings visible during the retransmission of bi-national sporting events taking place in the territory of other Member States.
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291
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Failure of a Member State to fulfil its obligations Directive 2002/52/ECFailure to transpose within the prescribed period Language of the case: Swedish Provisional translation: the definitive translation will be published in the European Court Reports In Case C-141/03 — application under Article 226 EC for a declaration of failure to act, lodged on 28 March 2003, Commission of the European Communities (Agents: J. Flett and P. Hellström) against Kingdom of Sweden (Agent: A. Kruse) — the Court (Sixth Chamber), composed of: J.-P. Puissochet, President of the Chamber, F. Macken (Rapporteur) and S.
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292
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By failing to adopt within the prescribed period the laws, regulations and administrative provisions necessary to transpose into national law the provisions of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC which differ from or go beyond those of Council Directive 90/220/EEC of 23 April 1990 on the deliberate release into the environment of genetically modified organisms, the French Republic has failed to fulfil its obligations under Directive 2001/18.
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293
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Judgment of the Court (Full Court) of 13 July 2004 in Case C-27/04: Commission of the European Communities v Council of the European Union (Action for annulment — Article 104 EC — Regulation (EC) No 1467/97 — Stability and Growth Pact — Excessive government deficits — Council decisions under Article 104(8) and (9) EC — Required majority not achieved — Decisions not adopted — Action challenging ‘decisions not to adopt the formal instruments contained in the Commission's recommendations’ — Inadmissible — Action challenging ‘Council conclusions’)
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294
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Action for annulment Article 104 ECRegulation (EC) No 1467/97Stability and Growth Pact Excessive government deficits Council decisions under Article 104(8) and (9) ECRequired majority not achieved Decisions not adopted Action challenging ‘decisions not to adopt the formal instruments contained in the Commission's recommendations’Inadmissible Action challenging ‘Council conclusions’Language of the case: French Provisional translation; the definitive translation will be published in the European Court Reports In Case C-27/04: Commission of the European Communities (Agents: M. Petite, A. van Solinge and P. Aalto) v Council of the European Union (Agents: J.-C. Piris, T. Middleton and J.
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295
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The provisions of Directive 97/13/EC of the European Parliament and of the Council of 10 April 1997 on a common framework for general authorisations and individual licences in the field of telecommunications services, and in particular Article 11 thereof, prohibit Member States from requiring undertakings which hold individual licences in the area of telecommunications services, solely on the ground that they hold such licences, to pay charges such as those at issue in the main proceedings which are different from, and additional to, those authorised by that directive.
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296
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declare that, by implementing a project for a motorway, whose route crosses the special protection area (SPA) of Castro Verde, notwithstanding the negative environmental impact assessment and notwithstanding the existence of alternative solutions for the route concerned, the Portuguese Republic failed to fulfil its obligations under Article 6(4) of Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, as amended by Directive 97/62/EC of 27 October 1997;
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297
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declare that, by failing to adopt the laws, regulations and administrative provisions necessary to transpose Directive 2001/46/EC of the European Parliament and of the Council of 23 July 2001 amending Council Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition and Directives 70/524/EEC, 96/25/EC and 1999/29/EC on animal nutrition into national law within the prescribed period, the Federal Republic of Germany has failed to fulfil its obligations under the EC Treaty and under that directive;
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298
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annul Chapter 10a of Title IV of Council Regulation (EC) No 1782/2003, inserted by Article 1(20) of Council Regulation (EC) No 864/2004 amending Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers, and adapting it by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union;
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299
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This publication confers the right to object to the application pursuant to Articles 7 and 12d of the abovementioned Regulation. Any objection to this application must be submitted via the competent authority in a Member State, in a WTO member country or in a third country recognised in accordance with Article 12(3) within a time limit of six months from the date of this publication. The arguments for publication are set out below, in particular under 4.6, and are considered to justify the application within the meaning of Regulation (EEC) No 2081/92.
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300
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Aid for the permanent withdrawal of fishing vessels through their transfer to third countries, which is not linked to the purchase or construction of new vessels, is compatible with the common market provided that it meets the requirements of Regulation (EC) No 2792/1999 for eligibility for Community aid, and in particular Article 7(3)(b), Article 7(5)(b) and (c), and Article 8 of, and points 1.1 and 1.2 of Annex III to that Regulation.
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