# Official Journal C 111/2015

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 111 |
| | |
| English edition | Information and Notices | Volume 581 April 2015 |

ISSN 1977-091X

Official Journal

of the European Union

C 111

English edition

Information and Notices

Volume 581 April 2015

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 111/01 | Non-opposition to a notified concentration (Case M.7521 — Steinhoff International Holdings/Pepkor Holdings) (
  1
  ) | 1 |
| 2015/C 111/02 | Communication in accordance with Article 12(5)(a) of Council Regulation (EEC) No 2913/92 on the information provided by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature | 2 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 111/01

Non-opposition to a notified concentration (Case M.7521 — Steinhoff International Holdings/Pepkor Holdings) (
  1
  )

1

1

2015/C 111/02

Communication in accordance with Article 12(5)(a) of Council Regulation (EEC) No 2913/92 on the information provided by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature

2

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2015/C 111/03 | Euro exchange rates | 4 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2015/C 111/03

Euro exchange rates

4

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2015/C 111/04 | Notice concerning the anti-dumping and countervailing measures in force in respect of imports into the Union of certain stainless steel wires originating in India: change of name of one company subject to an individual anti-dumping and countervailing duty rate | 5 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2015/C 111/05 | Prior notification of a concentration (Case M.7574 — O1 Group/CA Immo/Immofinanz) — Candidate case for simplified procedure (
  1
  ) | 6 |
| 2015/C 111/06 | Prior notification of a concentration (Case M.7522 — MVV/BayWa r.e./GlenDimplex/GreenCom/BEEGY) — Candidate case for simplified procedure (
  1
  ) | 7 |
| 2015/C 111/07 | Prior notification of a concentration (Case M.7590 — Berkshire Hathaway/Detlev Louis Motorrad Vertriebsgesellschaft) — Candidate case for simplified procedure (
  1
  ) | 8 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2015/C 111/04

Notice concerning the anti-dumping and countervailing measures in force in respect of imports into the Union of certain stainless steel wires originating in India: change of name of one company subject to an individual anti-dumping and countervailing duty rate

5

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2015/C 111/05

Prior notification of a concentration (Case M.7574 — O1 Group/CA Immo/Immofinanz) — Candidate case for simplified procedure (
  1
  )

1

6

2015/C 111/06

Prior notification of a concentration (Case M.7522 — MVV/BayWa r.e./GlenDimplex/GreenCom/BEEGY) — Candidate case for simplified procedure (
  1
  )

1

7

2015/C 111/07

Prior notification of a concentration (Case M.7590 — Berkshire Hathaway/Detlev Louis Motorrad Vertriebsgesellschaft) — Candidate case for simplified procedure (
  1
  )

1

8

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

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(1)   Text with EEA relevance

1

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

EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 1.4.2015 | EN | Official Journal of the European Union | C 111/1 |
| --- | --- | --- | --- |

1.4.2015

EN

Official Journal of the European Union

C 111/1

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Non-opposition to a notified concentration

(Case M.7521 — Steinhoff International Holdings/Pepkor Holdings)

(Text with EEA relevance)

(2015/C 111/01)

On 25 March 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language 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/homepage.html?locale=en) under document number 32015M7521. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32015M7521. EUR-Lex is the online access to the European law.

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(1)  OJ L 24, 29.1.2004, p. 1.

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| 1.4.2015 | EN | Official Journal of the European Union | C 111/2 |
| --- | --- | --- | --- |

1.4.2015

EN

Official Journal of the European Union

C 111/2

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Communication in accordance with Article 12(5)(a) of Council Regulation (EEC) No 2913/92 on the information provided by the customs authorities of the Member States concerning the classification of goods in the customs nomenclature

(2015/C 111/02)

Binding tariff information ceases to be valid from this day if it becomes incompatible with the interpretation of the customs nomenclature as a result of the following international tariff measures:

Amendments to the Harmonised System Explanatory Notes and the Compendium of Classification Opinions, approved by the Customs Cooperation Council (CCC doc. NC2055 — report of the 54th Session of the HS Committee):

AMENDMENTS TO THE EXPLANATORY NOTES TO BE DONE UNDER ARTICLE 8 PROCEDURE OF THE HS CONVENTION AND CLASSIFICATION OPINIONS EDITED BY THE HS COMMITTEE OF THE WORLD CUSTOMS ORGANISATION

(54th SESSION OF THE HSC IN SEPTEMBER 2014)

DOC. NC2055

Amendments of the Explanatory Notes of the Nomenclature annexed to the HS Convention

| 29.37 | O/5 |
| --- | --- |
| 29.41 | O/6 |

29.37

O/5

29.41

O/6

Classification Opinions approved by the HS Committee

| 0303.90/1 | O/2 |
| --- | --- |
| 0305.20/1 | O/3 |
| 2009.90/1 | O/4 |
| 3923.10/1-3 | O/7 |
| 3923.90/2-3 | O/8 |
| 6106.20/1 | O/9 |
| 6109.90/1 | O/10 |
| 6110.20/2 | O/11 |
| 6110.30/2-3 | O/12 |
| 6114.30/2 | O/13 |
| 6202.13/1 | O/14 |
| 6202.93/1 | O/15 |
| 7115.90/1 | O/16 |
| 8431.49/2 | O/17 |
| 8433.90/1 | O/18 |
| 8467.19/1 | O/19 |
| 8517.70/3 | O/20 |
| 8536.90/2 | O/21 |
| 8714.10/1 | O/17 |
| 9403.20/3-4 | O/22 |

0303.90/1

O/2

0305.20/1

O/3

2009.90/1

O/4

3923.10/1-3

O/7

3923.90/2-3

O/8

6106.20/1

O/9

6109.90/1

O/10

6110.20/2

O/11

6110.30/2-3

O/12

6114.30/2

O/13

6202.13/1

O/14

6202.93/1

O/15

7115.90/1

O/16

8431.49/2

O/17

8433.90/1

O/18

8467.19/1

O/19

8517.70/3

O/20

8536.90/2

O/21

8714.10/1

O/17

9403.20/3-4

O/22

Information regarding the contents of these measures can be obtained from the Directorate-General for Taxation and Customs Union of the European Commission (rue de la Loi/Wetstraat 200, 1049 Brussels, Belgium) or can be downloaded from the internet site of this Directorate-General:

http://ec.europa.eu/comm/taxation_customs/customs/customs_duties/tariff_aspects/harmonised_system/index_en.htm

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 1.4.2015 | EN | Official Journal of the European Union | C 111/4 |
| --- | --- | --- | --- |

1.4.2015

EN

Official Journal of the European Union

C 111/4

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Euro exchange rates (1)

31 March 2015

(2015/C 111/03)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0759 |
| JPY | Japanese yen | 128,95 |
| DKK | Danish krone | 7,4697 |
| GBP | Pound sterling | 0,72730 |
| SEK | Swedish krona | 9,2901 |
| CHF | Swiss franc | 1,0463 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,7035 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,533 |
| HUF | Hungarian forint | 299,43 |
| PLN | Polish zloty | 4,0854 |
| RON | Romanian leu | 4,4098 |
| TRY | Turkish lira | 2,8131 |
| AUD | Australian dollar | 1,4154 |
| CAD | Canadian dollar | 1,3738 |
| HKD | Hong Kong dollar | 8,3422 |
| NZD | New Zealand dollar | 1,4388 |
| SGD | Singapore dollar | 1,4774 |
| KRW | South Korean won | 1 192,58 |
| ZAR | South African rand | 13,1324 |
| CNY | Chinese yuan renminbi | 6,6710 |
| HRK | Croatian kuna | 7,6450 |
| IDR | Indonesian rupiah | 14 053,78 |
| MYR | Malaysian ringgit | 3,9873 |
| PHP | Philippine peso | 48,057 |
| RUB | Russian rouble | 62,4400 |
| THB | Thai baht | 35,018 |
| BRL | Brazilian real | 3,4958 |
| MXN | Mexican peso | 16,5124 |
| INR | Indian rupee | 67,2738 |

Currency

Exchange rate

USD

US dollar

1,0759

JPY

Japanese yen

128,95

DKK

Danish krone

7,4697

GBP

Pound sterling

0,72730

SEK

Swedish krona

9,2901

CHF

Swiss franc

1,0463

ISK

Iceland króna

NOK

Norwegian krone

8,7035

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,533

HUF

Hungarian forint

299,43

PLN

Polish zloty

4,0854

RON

Romanian leu

4,4098

TRY

Turkish lira

2,8131

AUD

Australian dollar

1,4154

CAD

Canadian dollar

1,3738

HKD

Hong Kong dollar

8,3422

NZD

New Zealand dollar

1,4388

SGD

Singapore dollar

1,4774

KRW

South Korean won

1 192,58

ZAR

South African rand

13,1324

CNY

Chinese yuan renminbi

6,6710

HRK

Croatian kuna

7,6450

IDR

Indonesian rupiah

14 053,78

MYR

Malaysian ringgit

3,9873

PHP

Philippine peso

48,057

RUB

Russian rouble

62,4400

THB

Thai baht

35,018

BRL

Brazilian real

3,4958

MXN

Mexican peso

16,5124

INR

Indian rupee

67,2738

---

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

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V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

| 1.4.2015 | EN | Official Journal of the European Union | C 111/5 |
| --- | --- | --- | --- |

1.4.2015

EN

Official Journal of the European Union

C 111/5

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Notice concerning the anti-dumping and countervailing measures in force in respect of imports into the Union of certain stainless steel wires originating in India: change of name of one company subject to an individual anti-dumping and countervailing duty rate

(2015/C 111/04)

Imports of certain stainless steel wires originating in India are subject to anti-dumping duties imposed by Council Implementing Regulation (EU) No 1106/2013 (1) (‘Regulation (EU) No 1106/2013’) and countervailing measures imposed by Council Implementing Regulation (EU) No 861/2013 (2) (‘Regulation (EU) No 861/2013’).

Viraj Profiles Ltd, Thane, Maharashtra, a company subject to an individual anti-dumping duty of 6,8 %, following Regulation (EU) No 1106/2013, and to an individual countervailing duty of 0 %, following Regulation (EU) 861/2013, notified the Commission of its change of name and locations to Viraj Profiles Limited, Palghar, Maharashtra and Mumbai, Maharashtra.

The company argued that its change of name and locations does not affect its right to continue to benefit from the individual anti-dumping and countervailing duty rates previously applied to Viraj Profiles Ltd, Thane, Maharashtra (as mentioned in Regulation (EU) 1106/2013) or Viraj Profiles Vpl. Ltd, Mumbai, Maharashtra (as mentioned in Regulation (EU) 861/2013).

The Commission has examined the information supplied and concluded that the change of name and locations in no way affects the findings of Regulation (EU) No 1106/2013 and Regulation (EU) 861/2013.

Therefore, the reference in Article 1(2) of Regulation (EU) No 1106/2013 to:

Viraj Profiles Ltd, Thane, Maharashtra should be read as:

Viraj Profiles Limited, Palghar, Maharashtra and Mumbai, Maharashtra.

The reference in Article 1(2) of Regulation (EU) No 861/2013 to:

Viraj Profiles Vpl. Ltd, Mumbai, Maharashtra should equally be read as:

Viraj Profiles Limited, Palghar, Maharashtra and Mumbai, Maharashtra.

The TARIC additional code B780, previously attributed respectively to Viraj Profiles Ltd, Thane, Maharashtra, and Viraj Profiles Vpl. Ltd, Mumbai, Maharashtra, shall apply to Viraj Profiles Limited, Palghar, Maharashtra and Mumbai, Maharashtra.

---

(1)  Council Implementing Regulation (EU) No 1106/2013 of 5 November 2013 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain stainless steel wires originating in India (OJ L 298, 8.11.2013, p. 1).

(2)  Council Implementing Regulation (EU) No 861/2013 of 2 September 2013 imposing a definitive countervailing duty and collecting definitively the provisional duty imposed on imports of certain stainless steel wires originating in India (OJ L 240, 7.9.2013, p. 1).

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 1.4.2015 | EN | Official Journal of the European Union | C 111/6 |
| --- | --- | --- | --- |

1.4.2015

EN

Official Journal of the European Union

C 111/6

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Prior notification of a concentration

(Case M.7574 — O1 Group/CA Immo/Immofinanz)

Candidate case for simplified procedure

(Text with EEA relevance)

(2015/C 111/05)

| 1. | On 20 March 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking O1 Group Limited (‘O1 Group’, Cyprus), controlled by Mr Boris Mints (Russia), acquires both directly and through its control of CA Immobilien AG (‘CA Immo’, Austria) within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Immofinanz AG (‘Immofinanz’, Austria) by way of purchase of securities. |
| --- | --- |

1.

On 20 March 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking O1 Group Limited (‘O1 Group’, Cyprus), controlled by Mr Boris Mints (Russia), acquires both directly and through its control of CA Immobilien AG (‘CA Immo’, Austria) within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Immofinanz AG (‘Immofinanz’, Austria) by way of purchase of securities.

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






  — | O1 Group and other undertakings controlled by Mr Boris Mints are active in the real estate sector and also manage pension funds in Russia. CA Immo is a real estate company active in the field of real estate services, in particular the renting of commercial property in Austria, Germany and central and eastern Europe. CA Immo is also active in the utilisation and development of real estate assets. |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

O1 Group and other undertakings controlled by Mr Boris Mints are active in the real estate sector and also manage pension funds in Russia. CA Immo is a real estate company active in the field of real estate services, in particular the renting of commercial property in Austria, Germany and central and eastern Europe. CA Immo is also active in the utilisation and development of real estate assets.

| — | Immofinanz is a real estate company active in the purchase and management of existing buildings, the execution of its own development projects and the sale of property. |
| --- | --- |

—

Immofinanz is a real estate company active in the purchase and management of existing buildings, the execution of its own development projects and the sale of property.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2), it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2), it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

| 4. | The Commission invites interested third parties to submit to it their observations on the proposed operation.
  Observations must reach the Commission no later than 10 days following the date on which this notification is published. They can be sent to the Commission under reference number M.7574 — O1 Group/CA Immo/Immofinanz by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post 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 to it their observations on the proposed operation.

Observations must reach the Commission no later than 10 days following the date on which this notification is published. They can be sent to the Commission under reference number M.7574 — O1 Group/CA Immo/Immofinanz by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

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

(2)  ОJ C 366, 14.12.2013, р. 5.

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| 1.4.2015 | EN | Official Journal of the European Union | C 111/7 |
| --- | --- | --- | --- |

1.4.2015

EN

Official Journal of the European Union

C 111/7

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Prior notification of a concentration

(Case M.7522 — MVV/BayWa r.e./GlenDimplex/GreenCom/BEEGY)

Candidate case for simplified procedure

(Text with EEA relevance)

(2015/C 111/06)

| 1. | On 23 March 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings MVV Energie AG (MVV, Germany), BayWa r.e. renewable energies GmbH (BayWa r.e., Germany), GlenDimplex Ltd (GlenDimplex, Ireland) und GreenCom Networks AG (GreenCom, Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking BEEGY GmbH (BEEGY, Germany) by way of purchase of shares. |
| --- | --- |

1.

On 23 March 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings MVV Energie AG (MVV, Germany), BayWa r.e. renewable energies GmbH (BayWa r.e., Germany), GlenDimplex Ltd (GlenDimplex, Ireland) und GreenCom Networks AG (GreenCom, Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking BEEGY GmbH (BEEGY, Germany) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for MVV Energie: generation and distribution of electricity, heat, gas and water, waste incineration, management of wind energy, biogas and biomass plants in Germany,
  —   for BayWa r.e.: active in the field of solar and wind energy, biomass, geothermy, in particular project development, turnkey erection, project financing, trade in PV — components, assembly systems, storage systems and accessories; forms part of BayWa AG, which trades in agricultural products, building materials, energy products and related services,
  —   for GlenDimplex: manufacture of electrical heating and cooling systems,
  —   for GreenCom: consulting and software development company with specialisation in development of complex software solutions for decentralised energy management,
  —   for BEEGY: active in the field of decentralised energy management as an energy service provider offering integrated management and services, as well as distribution of PV systems, assembly systems and storage systems. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for MVV Energie: generation and distribution of electricity, heat, gas and water, waste incineration, management of wind energy, biogas and biomass plants in Germany,

—   for BayWa r.e.: active in the field of solar and wind energy, biomass, geothermy, in particular project development, turnkey erection, project financing, trade in PV — components, assembly systems, storage systems and accessories; forms part of BayWa AG, which trades in agricultural products, building materials, energy products and related services,

—   for GlenDimplex: manufacture of electrical heating and cooling systems,

—   for GreenCom: consulting and software development company with specialisation in development of complex software solutions for decentralised energy management,

—   for BEEGY: active in the field of decentralised energy management as an energy service provider offering integrated management and services, as well as distribution of PV systems, assembly systems and storage systems.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this 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 M.7522 — MVV/BayWa r.e./GlenDimplex/GreenCom/BEEGY, 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 M.7522 — MVV/BayWa r.e./GlenDimplex/GreenCom/BEEGY, 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 ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

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| 1.4.2015 | EN | Official Journal of the European Union | C 111/8 |
| --- | --- | --- | --- |

1.4.2015

EN

Official Journal of the European Union

C 111/8

---

Prior notification of a concentration

(Case M.7590 — Berkshire Hathaway/Detlev Louis Motorrad Vertriebsgesellschaft)

Candidate case for simplified procedure

(Text with EEA relevance)

(2015/C 111/07)

| 1. | On 25 March 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Berkshire Hathaway Inc. (United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Detlev Louis Motorrad Vertriebsgesellschaft mbH (Germany) by way of purchase of shares. |
| --- | --- |

1.

On 25 March 2015, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Berkshire Hathaway Inc. (United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Detlev Louis Motorrad Vertriebsgesellschaft mbH (Germany) by way of purchase of shares.

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






  — | Berkshire Hathaway Inc. is a holding company owning subsidiaries engaged in a number of business activities including property and casualty insurance, freight rail transportation, utilities and energy, finance, manufacturing, services and retailing. In particular it owns Brooks Sports Inc., which is engaged in design and wholesale of performance running shoes and Fruit of the Loom Inc., which manufactures basic clothing products, including sports and casual wear. |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Berkshire Hathaway Inc. is a holding company owning subsidiaries engaged in a number of business activities including property and casualty insurance, freight rail transportation, utilities and energy, finance, manufacturing, services and retailing. In particular it owns Brooks Sports Inc., which is engaged in design and wholesale of performance running shoes and Fruit of the Loom Inc., which manufactures basic clothing products, including sports and casual wear.

| — | Detlev Louis Motorrad Vertriebsgesellschaft mbH supplies motorcycle clothing, spare parts and supplies. |
| --- | --- |

—

Detlev Louis Motorrad Vertriebsgesellschaft mbH supplies motorcycle clothing, spare parts and supplies.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7590 — Berkshire Hathaway/Detlev Louis Motorrad Vertriebsgesellschaft, 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 M.7590 — Berkshire Hathaway/Detlev Louis Motorrad Vertriebsgesellschaft, 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 ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.

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