# Official Journal C 263/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.263.eng |
| --- | --- |
| Official Journal
  of the European Union | C 263 |
| | |
| English edition | Information and Notices | Volume 5612 September 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.263.eng

Official Journal

of the European Union

C 263

English edition

Information and Notices

Volume 5612 September 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 263/01 | Non-opposition to a notified concentration (Case COMP/M.6966 — 3i Group/Barclays Infrastructure Funds Management) (
  1
  ) | 1 |
| 2013/C 263/02 | Non-opposition to a notified concentration (Case COMP/M.6978 — Banco Popular/Credit Mutuel/ATM Business) (
  1
  ) | 1 |
| 2013/C 263/03 | Non-opposition to a notified concentration (Case COMP/M.6971 — Warburg Pincus/General Atlantic/Santander/Santander Asset Management) (
  1
  ) | 2 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 263/01

Non-opposition to a notified concentration (Case COMP/M.6966 — 3i Group/Barclays Infrastructure Funds Management) (
  1
  )

1

1

2013/C 263/02

Non-opposition to a notified concentration (Case COMP/M.6978 — Banco Popular/Credit Mutuel/ATM Business) (
  1
  )

1

1

2013/C 263/03

Non-opposition to a notified concentration (Case COMP/M.6971 — Warburg Pincus/General Atlantic/Santander/Santander Asset Management) (
  1
  )

1

2

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 263/04 | Euro exchange rates | 3 |
| | NOTICES FROM MEMBER STATES |
| 2013/C 263/05 | Information communicated by Member States regarding closure of fisheries | 4 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2013/C 263/06 | State aid — Decision to close an existing aid case as a result of acceptance of appropriate measures by an EFTA State | 5 |
| 2013/C 263/07 | No State aid within the meaning of Article 61(1) of the EEA Agreement | 6 |
| 2013/C 263/08 | No State aid within the meaning of Article 61(1) of the EEA Agreement | 7 |
| 2013/C 263/09 | State aid — Decision to close an existing aid case as a result of acceptance of appropriate measures by an EFTA State | 8 |
| 2013/C 263/10 | No State aid within the meaning of Article 61(1) of the EEA Agreement | 9 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 263/04

Euro exchange rates

3

NOTICES FROM MEMBER STATES

2013/C 263/05

Information communicated by Member States regarding closure of fisheries

4

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2013/C 263/06

State aid — Decision to close an existing aid case as a result of acceptance of appropriate measures by an EFTA State

5

2013/C 263/07

No State aid within the meaning of Article 61(1) of the EEA Agreement

6

2013/C 263/08

No State aid within the meaning of Article 61(1) of the EEA Agreement

7

2013/C 263/09

State aid — Decision to close an existing aid case as a result of acceptance of appropriate measures by an EFTA State

8

2013/C 263/10

No State aid within the meaning of Article 61(1) of the EEA Agreement

9

| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2013/C 263/11 | Request for an Advisory Opinion from the EFTA Court by Fürstliches Landgericht dated 9 April 2013 in the case of Metacom AG v Rechtsanwälte Zipper & Collegen (Case E-6/13) | 10 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2013/C 263/12 | Prior notification of a concentration (Case COMP/M.6979 — DSM R&D Solutions/Maastricht UMC-Holding/Device Company JV) — Candidate case for simplified procedure (
  1
  ) | 11 |
| 2013/C 263/13 | Prior notification of a concentration (Case COMP/M.7032 — Koninklijke Reesink/Pon European Material Handling Business) (
  1
  ) | 12 |

V   Announcements

COURT PROCEEDINGS

EFTA Court

2013/C 263/11

Request for an Advisory Opinion from the EFTA Court by Fürstliches Landgericht dated 9 April 2013 in the case of Metacom AG v Rechtsanwälte Zipper & Collegen (Case E-6/13)

10

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2013/C 263/12

Prior notification of a concentration (Case COMP/M.6979 — DSM R&D Solutions/Maastricht UMC-Holding/Device Company JV) — Candidate case for simplified procedure (
  1
  )

1

11

2013/C 263/13

Prior notification of a concentration (Case COMP/M.7032 — Koninklijke Reesink/Pon European Material Handling Business) (
  1
  )

1

12

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

---

(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

| 12.9.2013 | EN | Official Journal of the European Union | C 263/1 |
| --- | --- | --- | --- |

12.9.2013

EN

Official Journal of the European Union

C 263/1

---

Non-opposition to a notified concentration

(Case COMP/M.6966 — 3i Group/Barclays Infrastructure Funds Management)

(Text with EEA relevance)

2013/C 263/01

On 29 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 32013M6966. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6966. EUR-Lex is the online access to the European law.

---

| 12.9.2013 | EN | Official Journal of the European Union | C 263/1 |
| --- | --- | --- | --- |

12.9.2013

EN

Official Journal of the European Union

C 263/1

---

Non-opposition to a notified concentration

(Case COMP/M.6978 — Banco Popular/Credit Mutuel/ATM Business)

(Text with EEA relevance)

2013/C 263/02

On 3 September 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 32013M6978. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6978. EUR-Lex is the online access to the European law.

---

| 12.9.2013 | EN | Official Journal of the European Union | C 263/2 |
| --- | --- | --- | --- |

12.9.2013

EN

Official Journal of the European Union

C 263/2

---

Non-opposition to a notified concentration

(Case COMP/M.6971 — Warburg Pincus/General Atlantic/Santander/Santander Asset Management)

(Text with EEA relevance)

2013/C 263/03

On 22 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 32013M6971. EUR-Lex is the online access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6971. EUR-Lex is the online access to the European law.

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 12.9.2013 | EN | Official Journal of the European Union | C 263/3 |
| --- | --- | --- | --- |

12.9.2013

EN

Official Journal of the European Union

C 263/3

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Euro exchange rates (1)

11 September 2013

2013/C 263/04

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3268 |
| JPY | Japanese yen | 132,96 |
| DKK | Danish krone | 7,4587 |
| GBP | Pound sterling | 0,84140 |
| SEK | Swedish krona | 8,6717 |
| CHF | Swiss franc | 1,2395 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,8500 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,783 |
| HUF | Hungarian forint | 299,44 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7027 |
| PLN | Polish zloty | 4,2333 |
| RON | Romanian leu | 4,4676 |
| TRY | Turkish lira | 2,6690 |
| AUD | Australian dollar | 1,4288 |
| CAD | Canadian dollar | 1,3716 |
| HKD | Hong Kong dollar | 10,2888 |
| NZD | New Zealand dollar | 1,6467 |
| SGD | Singapore dollar | 1,6833 |
| KRW | South Korean won | 1 438,79 |
| ZAR | South African rand | 13,1680 |
| CNY | Chinese yuan renminbi | 8,1187 |
| HRK | Croatian kuna | 7,5865 |
| IDR | Indonesian rupiah | 15 048,94 |
| MYR | Malaysian ringgit | 4,3299 |
| PHP | Philippine peso | 57,957 |
| RUB | Russian rouble | 43,5373 |
| THB | Thai baht | 42,444 |
| BRL | Brazilian real | 3,0222 |
| MXN | Mexican peso | 17,3472 |
| INR | Indian rupee | 84,0730 |

Currency

Exchange rate

USD

US dollar

1,3268

JPY

Japanese yen

132,96

DKK

Danish krone

7,4587

GBP

Pound sterling

0,84140

SEK

Swedish krona

8,6717

CHF

Swiss franc

1,2395

ISK

Iceland króna

NOK

Norwegian krone

7,8500

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,783

HUF

Hungarian forint

299,44

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7027

PLN

Polish zloty

4,2333

RON

Romanian leu

4,4676

TRY

Turkish lira

2,6690

AUD

Australian dollar

1,4288

CAD

Canadian dollar

1,3716

HKD

Hong Kong dollar

10,2888

NZD

New Zealand dollar

1,6467

SGD

Singapore dollar

1,6833

KRW

South Korean won

1 438,79

ZAR

South African rand

13,1680

CNY

Chinese yuan renminbi

8,1187

HRK

Croatian kuna

7,5865

IDR

Indonesian rupiah

15 048,94

MYR

Malaysian ringgit

4,3299

PHP

Philippine peso

57,957

RUB

Russian rouble

43,5373

THB

Thai baht

42,444

BRL

Brazilian real

3,0222

MXN

Mexican peso

17,3472

INR

Indian rupee

84,0730

---

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

---

NOTICES FROM MEMBER STATES

| 12.9.2013 | EN | Official Journal of the European Union | C 263/4 |
| --- | --- | --- | --- |

12.9.2013

EN

Official Journal of the European Union

C 263/4

---

Information communicated by Member States regarding closure of fisheries

2013/C 263/05

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

| Date and time of closure | 12.8.2013 |
| --- | --- |
| Duration | 12.8.2013-31.12.2013 |
| Member State | The Netherlands |
| Stock or group of stocks | POK/2A34. |
| Species | Saithe (Pollachius virens) |
| Zone | IIIa and IV; EU waters of IIa, IIIb, IIIc and Subdivisions 22-32 |
| Type(s) of fishing vessels | — |
| Reference number | 36/TQ40 |

Date and time of closure

12.8.2013

Duration

12.8.2013-31.12.2013

Member State

The Netherlands

Stock or group of stocks

POK/2A34.

Species

Saithe (Pollachius virens)

Zone

IIIa and IV; EU waters of IIa, IIIb, IIIc and Subdivisions 22-32

Type(s) of fishing vessels

—

Reference number

36/TQ40

---

(1)  OJ L 343, 22.12.2009, p. 1.

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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 12.9.2013 | EN | Official Journal of the European Union | C 263/5 |
| --- | --- | --- | --- |

12.9.2013

EN

Official Journal of the European Union

C 263/5

---

State aid — Decision to close an existing aid case as a result of acceptance of appropriate measures by an EFTA State

2013/C 263/06

The EFTA Surveillance Authority has proposed appropriate measures, which were accepted by Norway, on the following aid measure:

| Date of adoption of the decision | : | 30 April 2013 |
| --- | --- | --- |
| Case number | : | 69911 |
| Decision number | : | 174/13/COL |
| EFTA State | : | Norway |
| Title | : | Financing of municipal waste collectors |
| Legal basis | : | The Pollution Control Act of 13 March 1981 No 6 (‘the Pollution Control Act’) and the Tax Act of 26 March 1999 No 14 (‘the Tax Act’) |
| Objective | : | n.a. |
| Economic sectors | : | Waste collection |
| Other information | : | Based on measures undertaken and further commitments given by the Norwegian authorities to amend the current financing regime and the removal of the tax exemption for municipal waste collectors, the Authority’s concerns regarding the incompatibility of municipal waste collectors’ financing were dispelled and the investigation closed. |

Date of adoption of the decision

:

30 April 2013

Case number

:

69911

Decision number

:

174/13/COL

EFTA State

:

Norway

Title

:

Financing of municipal waste collectors

Legal basis

:

The Pollution Control Act of 13 March 1981 No 6 (‘the Pollution Control Act’) and the Tax Act of 26 March 1999 No 14 (‘the Tax Act’)

Objective

:

n.a.

Economic sectors

:

Waste collection

Other information

:

Based on measures undertaken and further commitments given by the Norwegian authorities to amend the current financing regime and the removal of the tax exemption for municipal waste collectors, the Authority’s concerns regarding the incompatibility of municipal waste collectors’ financing were dispelled and the investigation closed.

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/state-aid/state-aid-register/

---

| 12.9.2013 | EN | Official Journal of the European Union | C 263/6 |
| --- | --- | --- | --- |

12.9.2013

EN

Official Journal of the European Union

C 263/6

---

No State aid within the meaning of Article 61(1) of the EEA Agreement

2013/C 263/07

The EFTA Surveillance Authority considers that the following measure does not constitute State aid within the meaning of Article 61(1) of the EEA Agreement:

| Date of adoption of the decision | : | 24 April 2013 |
| --- | --- | --- |
| Case number | : | 68086 |
| Decision number | : | 160/13/COL |
| EFTA State | : | Norway |
| Title (and/or name of the beneficiary) | : | Alleged aid to lessors of premises to public schools |
| Form of aid | : | n.a. |
| Duration | : | n.a. |
| Name and address of the granting authority | : | n.a. |

Date of adoption of the decision

:

24 April 2013

Case number

:

68086

Decision number

:

160/13/COL

EFTA State

:

Norway

Title (and/or name of the beneficiary)

:

Alleged aid to lessors of premises to public schools

Form of aid

:

n.a.

Duration

:

n.a.

Name and address of the granting authority

:

n.a.

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/state-aid/state-aid-register/

---

| 12.9.2013 | EN | Official Journal of the European Union | C 263/7 |
| --- | --- | --- | --- |

12.9.2013

EN

Official Journal of the European Union

C 263/7

---

No State aid within the meaning of Article 61(1) of the EEA Agreement

2013/C 263/08

The EFTA Surveillance Authority considers that certain of the following measures do not constitute State aid within the meaning of Article 61(1) of the EEA Agreement:

| Date of adoption of the decision | : | 8 May 2013 |
| --- | --- | --- |
| Case number | : | 70506 |
| Decision number | : | 181/13/COL |
| EFTA State | : | Norway |
| Region | : | Oslo |
| Title (and/or name of the beneficiary) | : | Alleged aid to Kollektivtransportproduksjon AS (‘KTP’), Oslo Vognselskap AS and Unibuss AS |
| Legal basis | : | Article 61 EEA |
| Type of measure | : | No aid
  and
  existing aid in the form of public service compensation for public transport services (metro and tram) and related services (development of a payment and ticketing system) |
| Objective | : | Local scheduled transport by metro and tram |
| Form of aid | : | Guarantees, loans and direct grants in the form of public service compensation |
| Name and address of the granting authority | : | Oslo Municipality |
| Rådhuset |
| 0037 Oslo |
| NORWAY |

Date of adoption of the decision

:

8 May 2013

Case number

:

70506

Decision number

:

181/13/COL

EFTA State

:

Norway

Region

:

Oslo

Title (and/or name of the beneficiary)

:

Alleged aid to Kollektivtransportproduksjon AS (‘KTP’), Oslo Vognselskap AS and Unibuss AS

Legal basis

:

Article 61 EEA

Type of measure

:

No aid

and

existing aid in the form of public service compensation for public transport services (metro and tram) and related services (development of a payment and ticketing system)

Objective

:

Local scheduled transport by metro and tram

Form of aid

:

Guarantees, loans and direct grants in the form of public service compensation

Name and address of the granting authority

:

Oslo Municipality

Rådhuset

0037 Oslo

NORWAY

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/state-aid/state-aid-register/

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| 12.9.2013 | EN | Official Journal of the European Union | C 263/8 |
| --- | --- | --- | --- |

12.9.2013

EN

Official Journal of the European Union

C 263/8

---

State aid — Decision to close an existing aid case as a result of acceptance of appropriate measures by an EFTA State

2013/C 263/09

The EFTA Surveillance Authority has proposed appropriate measures, which were accepted by Norway, on the following aid measure:

| Date of adoption of the decision | : | 30 April 2013 |
| --- | --- | --- |
| Case number | : | 69978 |
| Decision number | : | 175/13/COL |
| EFTA State | : | Norway |
| Title | : | Financing of the fitness centre at Kippermoen Leisure Centre (‘KLC’) |
| Legal basis | : | Municipal decisions on annual deficit coverage and ticket revenue allocation |
| Objective | : | Service of general economic interest |
| Form of aid | : | Covering of annual deficit, the allocation of ticket revenue and not requiring a return on investment |
| Economic sectors | : | Fitness sector |
| Other information | : | Based on measures undertaken and further commitments given by the Norwegian authorities to amend the current financing regime of KLC, the Authority’s concerns regarding the incompatibility of the municipality of Vefsn’s financing of the fitness centre at KLC were dispelled and the investigation closed. |

Date of adoption of the decision

:

30 April 2013

Case number

:

69978

Decision number

:

175/13/COL

EFTA State

:

Norway

Title

:

Financing of the fitness centre at Kippermoen Leisure Centre (‘KLC’)

Legal basis

:

Municipal decisions on annual deficit coverage and ticket revenue allocation

Objective

:

Service of general economic interest

Form of aid

:

Covering of annual deficit, the allocation of ticket revenue and not requiring a return on investment

Economic sectors

:

Fitness sector

Other information

:

Based on measures undertaken and further commitments given by the Norwegian authorities to amend the current financing regime of KLC, the Authority’s concerns regarding the incompatibility of the municipality of Vefsn’s financing of the fitness centre at KLC were dispelled and the investigation closed.

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/state-aid/state-aid-register/

---

| 12.9.2013 | EN | Official Journal of the European Union | C 263/9 |
| --- | --- | --- | --- |

12.9.2013

EN

Official Journal of the European Union

C 263/9

---

No State aid within the meaning of Article 61(1) of the EEA Agreement

2013/C 263/10

The EFTA Surveillance Authority considers that the following measure does not constitute State aid within the meaning of Article 61(1) of the EEA Agreement:

| Date of adoption of the decision | : | 30 April 2013 |
| --- | --- | --- |
| Case number | : | 71170 |
| Decision number | : | 176/13/COL |
| EFTA State | : | Norway |
| Title (and/or name of the beneficiary) | : | Redningsselskapet |
| Type of measure | : | No aid |
| Name and address of the granting authority | : | Royal Norwegian Ministry of Fisheries and Coastal Affairs |
| PO Box 8118 Dep. |
| 0032 Oslo |
| NORWAY |

Date of adoption of the decision

:

30 April 2013

Case number

:

71170

Decision number

:

176/13/COL

EFTA State

:

Norway

Title (and/or name of the beneficiary)

:

Redningsselskapet

Type of measure

:

No aid

Name and address of the granting authority

:

Royal Norwegian Ministry of Fisheries and Coastal Affairs

PO Box 8118 Dep.

0032 Oslo

NORWAY

and

| Norsk Tipping AS |
| --- |
| PO Box 4414 Bedriftssenteret |
| 2325 Hamar |
| NORWAY |

Norsk Tipping AS

PO Box 4414 Bedriftssenteret

2325 Hamar

NORWAY

The authentic text of the decision, from which all confidential information has been removed, can be found on the EFTA Surveillance Authority’s website:

http://www.eftasurv.int/state-aid/state-aid-register/

---

V Announcements

COURT PROCEEDINGS

EFTA Court

| 12.9.2013 | EN | Official Journal of the European Union | C 263/10 |
| --- | --- | --- | --- |

12.9.2013

EN

Official Journal of the European Union

C 263/10

---

Request for an Advisory Opinion from the EFTA Court by Fürstliches Landgericht dated 9 April 2013 in the case of Metacom AG v Rechtsanwälte Zipper & Collegen

(Case E-6/13)

2013/C 263/11

A request has been made to the EFTA Court by a letter of 9 April 2013 from Fürstliches Landgericht (Princely Court of Justice, Liechtenstein), which was received at the Court Registry on 15 April 2013, for an Advisory Opinion in the case of Metacom AG v Rechtsanwälte Zipper & Collegen, on the following questions:

| 1. | Can a European lawyer bringing proceedings in another EEA State in his own name and not pursuant to the mandate of a third party rely on Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (1)? |
| --- | --- |

1.

Can a European lawyer bringing proceedings in another EEA State in his own name and not pursuant to the mandate of a third party rely on Council Directive 77/249/EEC of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (1)?

| 2. | Is an obligation on European lawyers to notify the authorities of the host State (as provided for here in Article 59 of the Liechtenstein Lawyers Act (Rechtsanwaltsgesetz)) compatible with Directive 77/249/EEC and, in particular, with Article 7 of that Directive? |
| --- | --- |

2.

Is an obligation on European lawyers to notify the authorities of the host State (as provided for here in Article 59 of the Liechtenstein Lawyers Act (Rechtsanwaltsgesetz)) compatible with Directive 77/249/EEC and, in particular, with Article 7 of that Directive?

| 3. | If question 2 is answered in the affirmative: having regard to Directive 77/249/EEC, may a failure to provide notification in the host State on the part of a European lawyer engaged in the provision of services result in the consequence that the lawyer concerned may not claim lawyers’ fees in accordance with the scale of fees provided for in the host State (in Liechtenstein the fees provided for in the Lawyers’ Fees Act (Gesetz über den Tarif für Rechtsanwälte und Rechtsagenten) and the Lawyers’ Fees Regulation (Verordnung über die Tarifansätze der Entlohnung für Rechtsanwälte und Rechtsagenten))? |
| --- | --- |

3.

If question 2 is answered in the affirmative: having regard to Directive 77/249/EEC, may a failure to provide notification in the host State on the part of a European lawyer engaged in the provision of services result in the consequence that the lawyer concerned may not claim lawyers’ fees in accordance with the scale of fees provided for in the host State (in Liechtenstein the fees provided for in the Lawyers’ Fees Act (Gesetz über den Tarif für Rechtsanwälte und Rechtsagenten) and the Lawyers’ Fees Regulation (Verordnung über die Tarifansätze der Entlohnung für Rechtsanwälte und Rechtsagenten))?

| 4. | Where a European lawyer engaged in the provision of services has only notified the authorities in the host State at a later date, may this subsequent notification result in the consequence that the lawyer may only claim fees in accordance with the scale of fees provided for in the host State in relation to the period following that notification but not in relation to procedural steps taken prior to that date? |
| --- | --- |

4.

Where a European lawyer engaged in the provision of services has only notified the authorities in the host State at a later date, may this subsequent notification result in the consequence that the lawyer may only claim fees in accordance with the scale of fees provided for in the host State in relation to the period following that notification but not in relation to procedural steps taken prior to that date?

| 5. | Having regard to Directive 77/249/EEC, does the answer to questions 3 and 4 depend on whether at the start of the proceedings the court of the host State referred the European lawyer engaged in the provision of services to the obligation under the law of that State to notify the authorities? |
| --- | --- |

5.

Having regard to Directive 77/249/EEC, does the answer to questions 3 and 4 depend on whether at the start of the proceedings the court of the host State referred the European lawyer engaged in the provision of services to the obligation under the law of that State to notify the authorities?

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(1)  OJ L 78, 26.3.1977, p. 17.

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 12.9.2013 | EN | Official Journal of the European Union | C 263/11 |
| --- | --- | --- | --- |

12.9.2013

EN

Official Journal of the European Union

C 263/11

---

Prior notification of a concentration

(Case COMP/M.6979 — DSM R&D Solutions/Maastricht UMC-Holding/Device Company JV)

Candidate case for simplified procedure

(Text with EEA relevance)

2013/C 263/12

| 1. | On 5 September 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 undertakings DSM R&D Solutions BV (‘DSM R&D Solutions’, the Netherlands), belonging to the group Koninklijke DSM NV (‘DSM’, the Netherlands), and Maastricht UMC-Holding BV (‘Maastricht UMC-Holding’, the Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Device Company BV (‘Device Company JV’, the Netherlands) by way of purchase of shares in a newly-created company constituting a joint venture. |
| --- | --- |

1.

On 5 September 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 undertakings DSM R&D Solutions BV (‘DSM R&D Solutions’, the Netherlands), belonging to the group Koninklijke DSM NV (‘DSM’, the Netherlands), and Maastricht UMC-Holding BV (‘Maastricht UMC-Holding’, the Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Device Company BV (‘Device Company JV’, the Netherlands) by way of purchase of shares in a newly-created company constituting a joint venture.

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






  — | for DSM: human and animal nutrition, pharmaceuticals, performance materials and industrial chemicals, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for DSM: human and animal nutrition, pharmaceuticals, performance materials and industrial chemicals,

| — | for Maastricht UMC-Holding: creation and holding of legal entities aimed at commercialising scientific discoveries made in the health, nutrition and materials fields, |
| --- | --- |

—

for Maastricht UMC-Holding: creation and holding of legal entities aimed at commercialising scientific discoveries made in the health, nutrition and materials fields,

| — | for Device Company JV: the production and sale of mobile infrared devices capable of measuring the constituent elements of pharmaceuticals, drugs and potentially other products, as an alternative to laboratory research. |
| --- | --- |

—

for Device Company JV: the production and sale of mobile infrared devices capable of measuring the constituent elements of pharmaceuticals, drugs and potentially other products, as an alternative to laboratory research.

| 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.6979 — DSM R&D Solutions/Maastricht UMC-Holding/Device Company JV, 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.6979 — DSM R&D Solutions/Maastricht UMC-Holding/Device Company JV, 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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| 12.9.2013 | EN | Official Journal of the European Union | C 263/12 |
| --- | --- | --- | --- |

12.9.2013

EN

Official Journal of the European Union

C 263/12

---

Prior notification of a concentration

(Case COMP/M.7032 — Koninklijke Reesink/Pon European Material Handling Business)

(Text with EEA relevance)

2013/C 263/13

| 1. | On 4 September 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 Koninklijke Reesink NV (Netherlands) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertakings Pon Material Handling Europe BV (Netherlands) and Motrac Hydraulik GmbH (Germany) and joint control of the undertaking Pelzer Fördertechnik GmbH (Germany) (jointly referred to as Pon European Material Handling Business) by way of purchase of shares. |
| --- | --- |

1.

On 4 September 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 Koninklijke Reesink NV (Netherlands) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertakings Pon Material Handling Europe BV (Netherlands) and Motrac Hydraulik GmbH (Germany) and joint control of the undertaking Pelzer Fördertechnik GmbH (Germany) (jointly referred to as Pon European Material Handling Business) by way of purchase of shares.

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






  — | for Koninklijke Reesink NV: distribution of (i) branded machinery and equipment for agricultural, landscaping, construction and earth moving applications; (ii) professional cleaning machines, (iii) steel products and (iv) personal safety products with a focus on the Netherlands and Belgium, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Koninklijke Reesink NV: distribution of (i) branded machinery and equipment for agricultural, landscaping, construction and earth moving applications; (ii) professional cleaning machines, (iii) steel products and (iv) personal safety products with a focus on the Netherlands and Belgium,

| — | for Pon European Material Handling Business: distribution of (i) hydraulic components and systems for industrial, agricultural and shipping applications, (ii) internal transport equipment (iii) professional cleaning machines., (iv) fast charging lithium ion battery solutions for the material handling market and (v) warehouse materials. |
| --- | --- |

—

for Pon European Material Handling Business: distribution of (i) hydraulic components and systems for industrial, agricultural and shipping applications, (ii) internal transport equipment (iii) professional cleaning machines., (iv) fast charging lithium ion battery solutions for the material handling market and (v) warehouse materials.

| 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.7032 — Koninklijke Reesink/Pon European Material Handling Business, 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.7032 — Koninklijke Reesink/Pon European Material Handling Business, 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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