# Official Journal C 244/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.244.eng |
| --- | --- |
| Official Journal
  of the European Union | C 244 |
| | |
| English edition | Information and Notices | Volume 5624 August 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.244.eng

Official Journal

of the European Union

C 244

English edition

Information and Notices

Volume 5624 August 2013

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| Notice No | Contents | page |
| --- | --- | --- |
| | I   Resolutions, recommendations and opinions |
| | OPINIONS |
| | European Commission |
| 2013/C 244/01 | Commission Opinion of 23 August 2013 on two draft Regulations of the European Central Bank in the field of monetary and financial statistics | 1 |

Notice No

Contents

page

I   Resolutions, recommendations and opinions

OPINIONS

European Commission

2013/C 244/01

Commission Opinion of 23 August 2013 on two draft Regulations of the European Central Bank in the field of monetary and financial statistics

1

| | II   Information |
| --- | --- |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 244/02 | Non-opposition to a notified concentration (Case COMP/M.6973 — Axa PE/Fosun/Club Méditerranée) (
  1
  ) | 3 |

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 244/02

Non-opposition to a notified concentration (Case COMP/M.6973 — Axa PE/Fosun/Club Méditerranée) (
  1
  )

1

3

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 244/03 | Euro exchange rates | 4 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 244/03

Euro exchange rates

4

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2013/C 244/04 | Prior notification of a concentration (Case COMP/M.6960 — SNCF/COMSA-EMTE/CRT) — Candidate case for simplified procedure (
  1
  ) | 5 |
| 2013/C 244/05 | Prior notification of a concentration (Case COMP/M.6957 — IF P&C/Topdanmark) (
  1
  ) | 7 |
| | OTHER ACTS |
| | European Commission |
| 2013/C 244/06 | Complaint CHAP(2013) 1334 — Acknowledgement of receipt and information | 8 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2013/C 244/04

Prior notification of a concentration (Case COMP/M.6960 — SNCF/COMSA-EMTE/CRT) — Candidate case for simplified procedure (
  1
  )

1

5

2013/C 244/05

Prior notification of a concentration (Case COMP/M.6957 — IF P&C/Topdanmark) (
  1
  )

1

7

OTHER ACTS

European Commission

2013/C 244/06

Complaint CHAP(2013) 1334 — Acknowledgement of receipt and information

8

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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I Resolutions, recommendations and opinions

OPINIONS

European Commission

| 24.8.2013 | EN | Official Journal of the European Union | C 244/1 |
| --- | --- | --- | --- |

24.8.2013

EN

Official Journal of the European Union

C 244/1

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COMMISSION OPINION

of 23 August 2013

on two draft Regulations of the European Central Bank in the field of monetary and financial statistics

2013/C 244/01

1.   Introduction

| 1.1. | On 12 July 2013, the Commission received a request from the European Central Bank (ECB) for an opinion on two draft Regulations of the European Central Bank in the field of monetary and financial statistics. The first concerns a draft regulation which, when adopted, will constitute a recast of Regulation (EC) No 25/2009 of the ECB of 19 December 2008 concerning the balance sheet of the monetary financial institutions (MFIs) sector. The second is a draft regulation which, when adopted, will constitute a recast of Regulation (EC) No 63/2002 of the ECB of 20 December 2001 concerning statistics on interest rates applied by MFIs to deposits and loans vis-à-vis households and non-financial corporations. |
| --- | --- |

1.1.

On 12 July 2013, the Commission received a request from the European Central Bank (ECB) for an opinion on two draft Regulations of the European Central Bank in the field of monetary and financial statistics. The first concerns a draft regulation which, when adopted, will constitute a recast of Regulation (EC) No 25/2009 of the ECB of 19 December 2008 concerning the balance sheet of the monetary financial institutions (MFIs) sector. The second is a draft regulation which, when adopted, will constitute a recast of Regulation (EC) No 63/2002 of the ECB of 20 December 2001 concerning statistics on interest rates applied by MFIs to deposits and loans vis-à-vis households and non-financial corporations.

| 1.2. | The Commission welcomes this request and recognises that the ECB hereby acts in accordance with its obligation to consult the Commission on draft ECB regulations whenever links with the statistical requirements of the Commission exist as laid down in Article 5(2) of Council Regulation (EC) No 2533/98 concerning the collection of statistical information by the ECB, in order to guarantee the coherence necessary to produce statistics meeting the respective information requirements of the ECB and of the Commission. A good cooperation between the ECB and the Commission is beneficial for both institutions as well as for users and respondents by allowing a more efficient production of European statistics. The Commission also welcomes that explicit reference is made to its opinion in both regulations. |
| --- | --- |

1.2.

The Commission welcomes this request and recognises that the ECB hereby acts in accordance with its obligation to consult the Commission on draft ECB regulations whenever links with the statistical requirements of the Commission exist as laid down in Article 5(2) of Council Regulation (EC) No 2533/98 concerning the collection of statistical information by the ECB, in order to guarantee the coherence necessary to produce statistics meeting the respective information requirements of the ECB and of the Commission. A good cooperation between the ECB and the Commission is beneficial for both institutions as well as for users and respondents by allowing a more efficient production of European statistics. The Commission also welcomes that explicit reference is made to its opinion in both regulations.

2.   Specific observations

| 2.1. | The Commission welcomes that many of the proposed new features that it had previously mentioned as important for its work have been taken into account in the revision of the MFI regulations. One important feature that has not been taken into account relates to information on bad assets, provisioning for bad assets and revaluation reserves. There may be valid reasons related to cost and comparability of results that have led to this feature having been discarded. Indeed, the Commission considers that, while meeting user requirements, every effort should be made to limit response burden in the context of these regulations. However, the ECB is invited to pursue its efforts towards the statistical measurement of the subject further. |
| --- | --- |

2.1.

The Commission welcomes that many of the proposed new features that it had previously mentioned as important for its work have been taken into account in the revision of the MFI regulations. One important feature that has not been taken into account relates to information on bad assets, provisioning for bad assets and revaluation reserves. There may be valid reasons related to cost and comparability of results that have led to this feature having been discarded. Indeed, the Commission considers that, while meeting user requirements, every effort should be made to limit response burden in the context of these regulations. However, the ECB is invited to pursue its efforts towards the statistical measurement of the subject further.

| 2.2. | The Commission intends to present in the coming month a proposal for a Regulation establishing a European framework for Money Market Funds (MMFs). The proposal will contain several changes to the way MMFs are defined and can operate in Europe. There is a risk of divergence between the definition and the different details included in the forthcoming proposal and the definition provided in the draft ECB Regulation concerning the balance sheet of the monetary financial institutions sector. This specifically relates to the definition of MMFs provided in Article 2 of the draft ECB Regulation and the specifications for the MMFs’ identification criteria in its Annex 1, Part 1, Section 2. To avoid any inconsistencies, the Commission recommends that the ECB introduces a review clause in its regulation in order to review the definition and criteria of MMFs taking into account the MMF Regulation when it has been adopted by the European Parliament and the Council. The adaptation of the ECB Regulation should coincide with the entry into force of the new MMF Regulation. |
| --- | --- |

2.2.

The Commission intends to present in the coming month a proposal for a Regulation establishing a European framework for Money Market Funds (MMFs). The proposal will contain several changes to the way MMFs are defined and can operate in Europe. There is a risk of divergence between the definition and the different details included in the forthcoming proposal and the definition provided in the draft ECB Regulation concerning the balance sheet of the monetary financial institutions sector. This specifically relates to the definition of MMFs provided in Article 2 of the draft ECB Regulation and the specifications for the MMFs’ identification criteria in its Annex 1, Part 1, Section 2. To avoid any inconsistencies, the Commission recommends that the ECB introduces a review clause in its regulation in order to review the definition and criteria of MMFs taking into account the MMF Regulation when it has been adopted by the European Parliament and the Council. The adaptation of the ECB Regulation should coincide with the entry into force of the new MMF Regulation.

| 2.3. | With regard to both draft regulations, the citations in the beginning of the Preamble (Having regard to) should be brought in line with interinstitutionally agreed practice and thus be limited to the legal basis (i.e. the provision(s) which actually confer competence on the institution to adopt the envisaged act) and, where appropriate, references to the proposal, procedure and opinions. With respect to the legal basis, after a general reference to the Treaty on the Functioning of the European Union, reference should therefore be made only to Articles 5(1) and 6(4) of Regulation (EC) No 2533/98, and for the proposal concerning the balance sheet of the MFIs sector also to Article 6(4) of Regulation (EC) No 2531/98. Neither Article 5 of the Statute of the ESCB and the ECB, nor Article 8 of Regulation (EC) No 2533/98, nor Regulation (EU) No 549/2013, Directive 2013/36/EU or Regulation (EU) No 575/2013 can be considered as legal bases for the draft regulations. If a reference to these other provisions and instruments are deemed useful for a proper understanding of the enacting terms of the draft regulation, they may be referred to in the recitals. |
| --- | --- |

2.3.

With regard to both draft regulations, the citations in the beginning of the Preamble (Having regard to) should be brought in line with interinstitutionally agreed practice and thus be limited to the legal basis (i.e. the provision(s) which actually confer competence on the institution to adopt the envisaged act) and, where appropriate, references to the proposal, procedure and opinions. With respect to the legal basis, after a general reference to the Treaty on the Functioning of the European Union, reference should therefore be made only to Articles 5(1) and 6(4) of Regulation (EC) No 2533/98, and for the proposal concerning the balance sheet of the MFIs sector also to Article 6(4) of Regulation (EC) No 2531/98. Neither Article 5 of the Statute of the ESCB and the ECB, nor Article 8 of Regulation (EC) No 2533/98, nor Regulation (EU) No 549/2013, Directive 2013/36/EU or Regulation (EU) No 575/2013 can be considered as legal bases for the draft regulations. If a reference to these other provisions and instruments are deemed useful for a proper understanding of the enacting terms of the draft regulation, they may be referred to in the recitals.

| 2.4. | In the ECB's request for Commission opinion, it is stated that the aim is for both legal acts to enter into force 20 days after their publication in the Official Journal (planned for September 2013) and to apply from January 2015. For reasons of clarity, Article 9 of the draft Regulation on MFI's interest rates should therefore be brought in line with Article 16 of the draft Regulation concerning the balance sheet of the MFIs sector. |
| --- | --- |

2.4.

In the ECB's request for Commission opinion, it is stated that the aim is for both legal acts to enter into force 20 days after their publication in the Official Journal (planned for September 2013) and to apply from January 2015. For reasons of clarity, Article 9 of the draft Regulation on MFI's interest rates should therefore be brought in line with Article 16 of the draft Regulation concerning the balance sheet of the MFIs sector.

| 2.5. | In Annex 1, Part 1, Section 1 of the draft Regulation concerning the balance sheet of MFIs sector, ‘Identification of certain MFIs based on principles of substitutability of deposits’, the ways in which the different criteria of substitutability of deposits will be combined should be defined more precisely in order to ensure comparability of the data. |
| --- | --- |

2.5.

In Annex 1, Part 1, Section 1 of the draft Regulation concerning the balance sheet of MFIs sector, ‘Identification of certain MFIs based on principles of substitutability of deposits’, the ways in which the different criteria of substitutability of deposits will be combined should be defined more precisely in order to ensure comparability of the data.

| 2.6. | The consistency of Part 3 of Annex II to the same draft Regulation, ‘Definitions of sectors’, with ESA 2010 should be checked again. For example, on page 51 in the paragraph relating to financial auxiliaries, the second sentence should be replaced with the wording from ESA 2010 paragraph 2.97 for clarity purposes. |
| --- | --- |

2.6.

The consistency of Part 3 of Annex II to the same draft Regulation, ‘Definitions of sectors’, with ESA 2010 should be checked again. For example, on page 51 in the paragraph relating to financial auxiliaries, the second sentence should be replaced with the wording from ESA 2010 paragraph 2.97 for clarity purposes.

| 2.7. | The Commission has no further specific observations with regard to the draft Regulation on MFI’s interest rates. |
| --- | --- |

2.7.

The Commission has no further specific observations with regard to the draft Regulation on MFI’s interest rates.

3.   Conclusion

| 3.1. | The Commission generally supports the draft regulations insofar as they contribute to the efficient cooperation between the European Statistical System (ESS) and the European System of Central Banks (ESCB) in the definition of reporting agents and the promotion of high-quality, consistent statistics at European level. The Commission, however, is of the opinion that the draft regulation on the balance sheet of MFIs could be more specific on the issues raised above, and that consistency of the ECB Regulations with the forthcoming European framework for MMFs should be ensured. |
| --- | --- |

3.1.

The Commission generally supports the draft regulations insofar as they contribute to the efficient cooperation between the European Statistical System (ESS) and the European System of Central Banks (ESCB) in the definition of reporting agents and the promotion of high-quality, consistent statistics at European level. The Commission, however, is of the opinion that the draft regulation on the balance sheet of MFIs could be more specific on the issues raised above, and that consistency of the ECB Regulations with the forthcoming European framework for MMFs should be ensured.

| 3.2. | Furthermore, the Commission would like to underline the importance of a robust process in practice of classification of units in this area, fully respecting statistical principles. |
| --- | --- |

3.2.

Furthermore, the Commission would like to underline the importance of a robust process in practice of classification of units in this area, fully respecting statistical principles.

Done at Brussels, 23 August 2013.

For the Commission

Algirdas ŠEMETA

Member of the Commission

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 24.8.2013 | EN | Official Journal of the European Union | C 244/3 |
| --- | --- | --- | --- |

24.8.2013

EN

Official Journal of the European Union

C 244/3

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Non-opposition to a notified concentration

(Case COMP/M.6973 — Axa PE/Fosun/Club Méditerranée)

(Text with EEA relevance)

2013/C 244/02

On 19 August 2013, 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:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/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 (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6973. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6973. EUR-Lex is the on-line access to the European law.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 24.8.2013 | EN | Official Journal of the European Union | C 244/4 |
| --- | --- | --- | --- |

24.8.2013

EN

Official Journal of the European Union

C 244/4

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Euro exchange rates (1)

23 August 2013

2013/C 244/03

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3355 |
| JPY | Japanese yen | 132,35 |
| DKK | Danish krone | 7,4588 |
| GBP | Pound sterling | 0,85910 |
| SEK | Swedish krona | 8,7140 |
| CHF | Swiss franc | 1,2358 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,0940 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,665 |
| HUF | Hungarian forint | 298,98 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7027 |
| PLN | Polish zloty | 4,2323 |
| RON | Romanian leu | 4,4423 |
| TRY | Turkish lira | 2,6640 |
| AUD | Australian dollar | 1,4879 |
| CAD | Canadian dollar | 1,4114 |
| HKD | Hong Kong dollar | 10,3579 |
| NZD | New Zealand dollar | 1,7185 |
| SGD | Singapore dollar | 1,7120 |
| KRW | South Korean won | 1 489,41 |
| ZAR | South African rand | 13,6968 |
| CNY | Chinese yuan renminbi | 8,1759 |
| HRK | Croatian kuna | 7,5520 |
| IDR | Indonesian rupiah | 14 723,80 |
| MYR | Malaysian ringgit | 4,4085 |
| PHP | Philippine peso | 59,013 |
| RUB | Russian rouble | 44,1375 |
| THB | Thai baht | 42,749 |
| BRL | Brazilian real | 3,2059 |
| MXN | Mexican peso | 17,4804 |
| INR | Indian rupee | 85,5050 |

Currency

Exchange rate

USD

US dollar

1,3355

JPY

Japanese yen

132,35

DKK

Danish krone

7,4588

GBP

Pound sterling

0,85910

SEK

Swedish krona

8,7140

CHF

Swiss franc

1,2358

ISK

Iceland króna

NOK

Norwegian krone

8,0940

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,665

HUF

Hungarian forint

298,98

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7027

PLN

Polish zloty

4,2323

RON

Romanian leu

4,4423

TRY

Turkish lira

2,6640

AUD

Australian dollar

1,4879

CAD

Canadian dollar

1,4114

HKD

Hong Kong dollar

10,3579

NZD

New Zealand dollar

1,7185

SGD

Singapore dollar

1,7120

KRW

South Korean won

1 489,41

ZAR

South African rand

13,6968

CNY

Chinese yuan renminbi

8,1759

HRK

Croatian kuna

7,5520

IDR

Indonesian rupiah

14 723,80

MYR

Malaysian ringgit

4,4085

PHP

Philippine peso

59,013

RUB

Russian rouble

44,1375

THB

Thai baht

42,749

BRL

Brazilian real

3,2059

MXN

Mexican peso

17,4804

INR

Indian rupee

85,5050

---

(1)  Source: reference exchange rate published by the ECB.

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 24.8.2013 | EN | Official Journal of the European Union | C 244/5 |
| --- | --- | --- | --- |

24.8.2013

EN

Official Journal of the European Union

C 244/5

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Prior notification of a concentration

(Case COMP/M.6960 — SNCF/COMSA-EMTE/CRT)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 244/04

| 1. | On 16 August 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the SNCF Group (‘SNCF’, France) and COMSA-EMTE T&L, S.L. (‘COMSA-EMTE’, Spain), part of the COMSA-EMTE Group (Spain), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of COMSA Rail Transport, S.A.U. (‘CRT’, Spain) by way of purchase of shares. |
| --- | --- |

1.

On 16 August 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the SNCF Group (‘SNCF’, France) and COMSA-EMTE T&L, S.L. (‘COMSA-EMTE’, Spain), part of the COMSA-EMTE Group (Spain), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of COMSA Rail Transport, S.A.U. (‘CRT’, Spain) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for SNCF: rail passenger transportation (regional and long-distance transport), infrastructure & engineering services in France and other European countries and a full range of freight transport and logistics solutions in Europe and all over the world, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for SNCF: rail passenger transportation (regional and long-distance transport), infrastructure & engineering services in France and other European countries and a full range of freight transport and logistics solutions in Europe and all over the world,

| — | for COMSA-EMTE: the holding company of the transport division of the COMSA-EMTE Group, a Spanish group active in the infrastructure, construction and technology sectors, as well as systems and engineering, environment and renewable energy services, |
| --- | --- |

—

for COMSA-EMTE: the holding company of the transport division of the COMSA-EMTE Group, a Spanish group active in the infrastructure, construction and technology sectors, as well as systems and engineering, environment and renewable energy services,

| — | for CRT: subsidiairy of the COMSA-EMTE providing rail freight transport, rail traction, rail freight forwarding and other transport-related services, including shunting and container handling in railway terminals, and rail freight and transport engineering consulting mainly in Spain. |
| --- | --- |

—

for CRT: subsidiairy of the COMSA-EMTE providing rail freight transport, rail traction, rail freight forwarding and other transport-related services, including shunting and container handling in railway terminals, and rail freight and transport engineering consulting mainly in Spain.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed 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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6960 — SNCF/COMSA-EMTE/CRT, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed 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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6960 — SNCF/COMSA-EMTE/CRT, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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| 24.8.2013 | EN | Official Journal of the European Union | C 244/7 |
| --- | --- | --- | --- |

24.8.2013

EN

Official Journal of the European Union

C 244/7

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Prior notification of a concentration

(Case COMP/M.6957 — IF P&C/Topdanmark)

(Text with EEA relevance)

2013/C 244/05

| 1. | On 19 August 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking IF P&C Insurance Holding Ltd (‘IF P&C’, Sweden) ultimately controlled by Sampo Group (Sweden) acquires within the meaning of Article 3(1)(b) of the Merger Regulation de facto sole control of the whole of the undertaking Topdanmark Group A/S (‘TopDK’, Denmark) following an increase in its voting rights. |
| --- | --- |

1.

On 19 August 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking IF P&C Insurance Holding Ltd (‘IF P&C’, Sweden) ultimately controlled by Sampo Group (Sweden) acquires within the meaning of Article 3(1)(b) of the Merger Regulation de facto sole control of the whole of the undertaking Topdanmark Group A/S (‘TopDK’, Denmark) following an increase in its voting rights.

| 2. | The business activities of the undertakings concerned are:






  — | for IF P&C: life and non-life insurance insurance products and services in Sweden, Finland, Norway Denmark, Estonia, Latvia, Lithuania and Russia, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for IF P&C: life and non-life insurance insurance products and services in Sweden, Finland, Norway Denmark, Estonia, Latvia, Lithuania and Russia,

| — | for TopDK: life and non-life insurance products and services in Denmark. |
| --- | --- |

—

for TopDK: life and non-life insurance products and services in Denmark.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC Merger Regulation. However, the final decision on this point is reserved.

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed 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 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6957 — IF P&C/Topdanmark, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

The Commission invites interested third parties to submit their possible observations on the proposed 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 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6957 — IF P&C/Topdanmark, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).

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OTHER ACTS

European Commission

| 24.8.2013 | EN | Official Journal of the European Union | C 244/8 |
| --- | --- | --- | --- |

24.8.2013

EN

Official Journal of the European Union

C 244/8

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Complaint CHAP(2013) 1334 — Acknowledgement of receipt and information

2013/C 244/06

The European Commission has received and continues to receive a large number of complaints against the municipal tax on immovable property in Italy (IMU). The Commission has registered and will continue to register these letters under reference CHAP(2013) 1334.

Given the number of complaints received on this subject, and in order to ensure a rapid response to and information of those concerned while making the most economical use of its administrative resources, the Commission is publishing this information in the Official Journal of the European Union and on the Internet at: http://ec.europa.eu/eu_law/complaints/receipt/index_en.htm

The complaints claim that the Italian legislation is discriminatory to Italian citizens resident abroad who have immovable property in Italy and is thus contrary to EU law, in particular Articles 18, 21, 45 and 49 of the TFEU.

Following examination of the complaints, the Commission has concluded that it is not possible, at this stage, to identify an infringement of EU law in the complaints as regards Italian citizens resident abroad owning immovable property in Italy.

According to the established case-law of the ECJ (1), discrimination exists when objectively comparable situations are treated differently. As it concerns national measures granting tax advantages, EU law does not preclude Member States from reserving a more favourable tax treatment only to immovable properties used as principal residence of the taxpayers and excluding that used for any other purposes (secondary houses or rented), as such different use of the property makes them not in a comparable situation. Accordingly, Italians citizens living, predominantly, abroad and owning an immovable property in Italy are not in a situation comparable to that of Italian citizens living, predominantly, in the property they own in Italy.

Instead, the Commission is of the opinion that the measures described in the complaints, in particular Article 4 of Law No 44/2012, which allows local administrations to extend the so called ‘prima casa’ regime only to the immovable property owned by non-resident taxpayers having an Italian nationality and registered with AIRE, could however constitute discrimination against non-resident taxpayers of other nationalities with immovable property in Italy.

Taking into consideration these elements, the Commission is proposing to close the case.

Should the complainants consider they have new information that may lead the Commission to reconsider the proposal to close the case, this should be submitted to the Commission within a month of the publication of this notice. In the absence of any such new information, the Commission may close the case.

As for the possible discrimination of non-resident taxpayers of other nationalities who are owners of immovable property in Italy, the Commission is aware that the Italian authorities have announced imminent changes of the legislation concerned. Thus, the Commission intends to reserve its decision on the compatibility with EU law of that aspect of the legislation until it has had the chance to study the legislative changes to be introduced by the Italian authorities.

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(1)  Judgements of 1.12.2011 in Cases C-250/08 Commission v Belgium and C-253/08 Commission v Hungary.

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