# Official Journal C 23/2020

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 23 |
| | |
| English edition | Information and Notices | Volume 6323 January 2020 |

ISSN 1977-091X

Official Journal

of the European Union

C 23

English edition

Information and Notices

Volume 6323 January 2020

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2020/C 23/01 | Non-opposition to a notified concentration (Case M.8988 — Energizer/Spectrum Brands) (
  1
  ) | 1 |
| 2020/C 23/02 | Non-opposition to a notified concentration (Case M.9670 — APMC Group/GSEZ Cargo Ports/GSEZ Mineral Port/TIPSP/Arise) (
  1
  ) | 2 |
| 2020/C 23/03 | Non-opposition to a notified concentration (Case M.9531 — Assicurazioni Generali/Seguradoras Unidas/AdvanceCare) (
  1
  ) | 3 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2020/C 23/01

Non-opposition to a notified concentration (Case M.8988 — Energizer/Spectrum Brands) (
  1
  )

1

1

2020/C 23/02

Non-opposition to a notified concentration (Case M.9670 — APMC Group/GSEZ Cargo Ports/GSEZ Mineral Port/TIPSP/Arise) (
  1
  )

1

2

2020/C 23/03

Non-opposition to a notified concentration (Case M.9531 — Assicurazioni Generali/Seguradoras Unidas/AdvanceCare) (
  1
  )

1

3

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2020/C 23/04 | Euro exchange rates — 22 January 2020 | 4 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2020/C 23/05 | State aid — Decision to raise no objections | 5 |
| 2020/C 23/06 | No State aid within the meaning of Article 61(1) of the EEA Agreement | 6 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2020/C 23/04

Euro exchange rates — 22 January 2020

4

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2020/C 23/05

State aid — Decision to raise no objections

5

2020/C 23/06

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

6

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| | V   Announcements |
| --- | --- |
| | COURT PROCEEDINGS |
| | EFTA Court |
| 2020/C 23/07 | Action brought on 26 November 2019 by Abelia and WTW AS against the EFTA Surveillance Authority (Case E-9/19) | 7 |
| 2020/C 23/08 | Request for an Advisory Opinion from the EFTA Court by the Princely Court of Appeal dated 13 August 2019 in criminal proceedings against H and I | 8 |
| 2020/C 23/09 | Request for an Advisory Opinion from the EFTA Court by the Public Procurement Complaints Committee dated 17 September 2019 in the case of Tak – Malbik ehf. v the Icelandic Road and Coastal Administration and Þróttur ehf. (Case E-7/19) | 9 |
| 2020/C 23/10 | Request for an Advisory Opinion from the EFTA Court by the Complaints Board for Public Procurement dated 18 October 2019 in the case of Scanteam AS v the Norwegian Government (Case E-8/19) | 10 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2020/C 23/11 | Prior notification of a concentration (Case M.9691 – Mahindra & Mahindra/Ford Motor Company/Ardour) Candidate case for simplified procedure (
  1
  ) | 11 |
| 2020/C 23/12 | Prior notification of a concentration (Case M.9699 – Mitsubishi Corporation/Eneco Groep) Candidate case for simplified procedure (
  1
  ) | 13 |
| 2020/C 23/13 | Prior notification of a concentration (Case M.9559 – Telefónica/Prosegur/Prosegur Alarmas España) (
  1
  ) | 14 |

V   Announcements

COURT PROCEEDINGS

EFTA Court

2020/C 23/07

Action brought on 26 November 2019 by Abelia and WTW AS against the EFTA Surveillance Authority (Case E-9/19)

7

2020/C 23/08

Request for an Advisory Opinion from the EFTA Court by the Princely Court of Appeal dated 13 August 2019 in criminal proceedings against H and I

8

2020/C 23/09

Request for an Advisory Opinion from the EFTA Court by the Public Procurement Complaints Committee dated 17 September 2019 in the case of Tak – Malbik ehf. v the Icelandic Road and Coastal Administration and Þróttur ehf. (Case E-7/19)

9

2020/C 23/10

Request for an Advisory Opinion from the EFTA Court by the Complaints Board for Public Procurement dated 18 October 2019 in the case of Scanteam AS v the Norwegian Government (Case E-8/19)

10

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2020/C 23/11

Prior notification of a concentration (Case M.9691 – Mahindra & Mahindra/Ford Motor Company/Ardour) Candidate case for simplified procedure (
  1
  )

1

11

2020/C 23/12

Prior notification of a concentration (Case M.9699 – Mitsubishi Corporation/Eneco Groep) Candidate case for simplified procedure (
  1
  )

1

13

2020/C 23/13

Prior notification of a concentration (Case M.9559 – Telefónica/Prosegur/Prosegur Alarmas España) (
  1
  )

1

14

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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

| 23.1.2020 | EN | Official Journal of the European Union | C 23/1 |
| --- | --- | --- | --- |

23.1.2020

EN

Official Journal of the European Union

C 23/1

---

Non-opposition to a notified concentration

(Case M.8988 — Energizer/Spectrum Brands)

(Text with EEA relevance)

(2020/C 23/01)

On 18 December 2018, 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) in conjunction with Article 6(2) of Council Regulation (EC) No. 139/2004 (1). 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/homepage.html?locale=en) under document number 32018M8988. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32018M8988. EUR-Lex is the online access to European law.

---

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

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| 23.1.2020 | EN | Official Journal of the European Union | C 23/2 |
| --- | --- | --- | --- |

23.1.2020

EN

Official Journal of the European Union

C 23/2

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Non-opposition to a notified concentration

(Case M.9670 — APMC Group/GSEZ Cargo Ports/GSEZ Mineral Port/TIPSP/Arise)

(Text with EEA relevance)

(2020/C 23/02)

On 17 January 2020, 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 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 32020M9670. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32020M9670. EUR-Lex is the online access to European law.

---

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

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| 23.1.2020 | EN | Official Journal of the European Union | C 23/3 |
| --- | --- | --- | --- |

23.1.2020

EN

Official Journal of the European Union

C 23/3

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Non-opposition to a notified concentration

(Case M.9531 — Assicurazioni Generali/Seguradoras Unidas/AdvanceCare)

(Text with EEA relevance)

(2020/C 23/03)

On 20 November 2019, 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 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 32019M9531. EUR-Lex is the on-line access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32019M9531. EUR-Lex is the on-line access to European law.

---

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

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 23.1.2020 | EN | Official Journal of the European Union | C 23/4 |
| --- | --- | --- | --- |

23.1.2020

EN

Official Journal of the European Union

C 23/4

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Euro exchange rates (1)

22 January 2020

(2020/C 23/04)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1088 |
| JPY | Japanese yen | 121,93 |
| DKK | Danish krone | 7,4729 |
| GBP | Pound sterling | 0,84445 |
| SEK | Swedish krona | 10,5528 |
| CHF | Swiss franc | 1,0757 |
| ISK | Iceland króna | 137,80 |
| NOK | Norwegian krone | 9,9590 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,136 |
| HUF | Hungarian forint | 335,61 |
| PLN | Polish zloty | 4,2378 |
| RON | Romanian leu | 4,7784 |
| TRY | Turkish lira | 6,5673 |
| AUD | Australian dollar | 1,6184 |
| CAD | Canadian dollar | 1,4465 |
| HKD | Hong Kong dollar | 8,6170 |
| NZD | New Zealand dollar | 1,6782 |
| SGD | Singapore dollar | 1,4954 |
| KRW | South Korean won | 1 290,57 |
| ZAR | South African rand | 15,9750 |
| CNY | Chinese yuan renminbi | 7,6530 |
| HRK | Croatian kuna | 7,4375 |
| IDR | Indonesian rupiah | 15 137,71 |
| MYR | Malaysian ringgit | 4,5078 |
| PHP | Philippine peso | 56,499 |
| RUB | Russian rouble | 68,6934 |
| THB | Thai baht | 33,685 |
| BRL | Brazilian real | 4,6486 |
| MXN | Mexican peso | 20,7417 |
| INR | Indian rupee | 78,8665 |

Currency

Exchange rate

USD

US dollar

1,1088

JPY

Japanese yen

121,93

DKK

Danish krone

7,4729

GBP

Pound sterling

0,84445

SEK

Swedish krona

10,5528

CHF

Swiss franc

1,0757

ISK

Iceland króna

137,80

NOK

Norwegian krone

9,9590

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,136

HUF

Hungarian forint

335,61

PLN

Polish zloty

4,2378

RON

Romanian leu

4,7784

TRY

Turkish lira

6,5673

AUD

Australian dollar

1,6184

CAD

Canadian dollar

1,4465

HKD

Hong Kong dollar

8,6170

NZD

New Zealand dollar

1,6782

SGD

Singapore dollar

1,4954

KRW

South Korean won

1 290,57

ZAR

South African rand

15,9750

CNY

Chinese yuan renminbi

7,6530

HRK

Croatian kuna

7,4375

IDR

Indonesian rupiah

15 137,71

MYR

Malaysian ringgit

4,5078

PHP

Philippine peso

56,499

RUB

Russian rouble

68,6934

THB

Thai baht

33,685

BRL

Brazilian real

4,6486

MXN

Mexican peso

20,7417

INR

Indian rupee

78,8665

---

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

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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 23.1.2020 | EN | Official Journal of the European Union | C 23/5 |
| --- | --- | --- | --- |

23.1.2020

EN

Official Journal of the European Union

C 23/5

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State aid — Decision to raise no objections

(2020/C 23/05)

The EFTA Surveillance Authority raises no objections to the following State aid measure:

| Date of adoption of the decision | 20 November 2019 |
| --- | --- |
| Case No | 84333 |
| Decision No | 079/19/COL |
| EFTA State | Norway |
| Region | All |
| Title (and/or name of the beneficiary) | Amendments and a prolongation of the employee share options tax scheme |
| Legal basis | Norwegian Tax Act Section 5-14 |
| Type of measure | Aid scheme |
| Objective | Aid to small and micro-enterprises |
| Form of aid | Tax exemption |
| Budget | NOK 570 million annually (total budget of scheme as amended) |
| Duration | 2020-2029 |
| Name and address of the granting authority | Ministry of Finance
  P.O Box 8008 Dep
  N-0030 Oslo
  NORWAY |

Date of adoption of the decision

20 November 2019

Case No

84333

Decision No

079/19/COL

EFTA State

Norway

Region

All

Title (and/or name of the beneficiary)

Amendments and a prolongation of the employee share options tax scheme

Legal basis

Norwegian Tax Act Section 5-14

Type of measure

Aid scheme

Objective

Aid to small and micro-enterprises

Form of aid

Tax exemption

Budget

NOK 570 million annually (total budget of scheme as amended)

Duration

2020-2029

Name and address of the granting authority

Ministry of Finance

P.O Box 8008 Dep

N-0030 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/decisions/

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| 23.1.2020 | EN | Official Journal of the European Union | C 23/6 |
| --- | --- | --- | --- |

23.1.2020

EN

Official Journal of the European Union

C 23/6

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

(2020/C 23/06)

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 | 18 November 2019 |
| --- | --- |
| Case No | 84261 |
| Decision No | 078/19/COL |
| EFTA State | Norway |
| Title (and/or name of the beneficiary) | FriDA |
| Form of aid | No aid |

Date of adoption of the decision

18 November 2019

Case No

84261

Decision No

078/19/COL

EFTA State

Norway

Title (and/or name of the beneficiary)

FriDA

Form of aid

No aid

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/decisions/

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V Announcements

COURT PROCEEDINGS

EFTA Court

| 23.1.2020 | EN | Official Journal of the European Union | C 23/7 |
| --- | --- | --- | --- |

23.1.2020

EN

Official Journal of the European Union

C 23/7

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Action brought on 26 November 2019 by Abelia and WTW AS against the EFTA Surveillance Authority

(Case E-9/19)

(2020/C 23/07)

An action against the EFTA Surveillance Authority was brought before the EFTA Court on 26 November 2019 by Abelia and WTW AS, represented by Espen Bakken, advocate, Arntzen de Besche Advokatfirma AS, P.O. Box 2734, Solli, 0204 Oslo, Norway.

The Applicants request the EFTA Court to:

| 1. | Annul Decision No 57/19/COL, of 10 July 2019, of the EFTA Surveillance Authority. |
| --- | --- |

1.

Annul Decision No 57/19/COL, of 10 July 2019, of the EFTA Surveillance Authority.

| 2. | Order the EFTA Surveillance Authority to pay the costs of the proceedings. |
| --- | --- |

2.

Order the EFTA Surveillance Authority to pay the costs of the proceedings.

Legal and factual background and pleas in law adduced in support:

| — | Abelia is a trade and employers association within Norway’s largest employers’ organisation; the NHO (Confederation of Norwegian Business and Industry). |
| --- | --- |

—

Abelia is a trade and employers association within Norway’s largest employers’ organisation; the NHO (Confederation of Norwegian Business and Industry).

| — | WTW AS is a software developer, and a member company of the trade organisation Abelia, offering innovative technical solutions to customers within a range of business segments. WTW is also present within the e-health sector and operates in direct competition with the public e-health solutions considered by the EFTA Surveillance Authority (hereinafter ‘the Authority’) in the Contested Decision. |
| --- | --- |

—

WTW AS is a software developer, and a member company of the trade organisation Abelia, offering innovative technical solutions to customers within a range of business segments. WTW is also present within the e-health sector and operates in direct competition with the public e-health solutions considered by the EFTA Surveillance Authority (hereinafter ‘the Authority’) in the Contested Decision.

| — | The Contested Decision concerns the notified financing of a public corporation tasked with the provision of a national eHealth solution. |
| --- | --- |

—

The Contested Decision concerns the notified financing of a public corporation tasked with the provision of a national eHealth solution.

| — | The Norwegian Government did not view the publicly financed interconnected eHealth activities as State aid because it did not amount to ‘economic activities’ within the meaning of Article 61(1) of the EEA Agreement, but provided a Notification for Legal Certainty dated 3 May 2019. |
| --- | --- |

—

The Norwegian Government did not view the publicly financed interconnected eHealth activities as State aid because it did not amount to ‘economic activities’ within the meaning of Article 61(1) of the EEA Agreement, but provided a Notification for Legal Certainty dated 3 May 2019.

| — | The Authority adopted the Contested Decision on 10 July 2019 based on Article 4(2) of the Surveillance and Court Agreement, concluding that Norsk Helsenett SF and the Norwegian Directorate of eHealth do not constitute ‘undertakings’ in the provision of the eHealth solutions in accordance with the current organisation of the Norwegian health sector. |
| --- | --- |

—

The Authority adopted the Contested Decision on 10 July 2019 based on Article 4(2) of the Surveillance and Court Agreement, concluding that Norsk Helsenett SF and the Norwegian Directorate of eHealth do not constitute ‘undertakings’ in the provision of the eHealth solutions in accordance with the current organisation of the Norwegian health sector.

| — | In the Contested Decision, the Authority also found that the notified measures did not confer an economic advantage to Norsk Helsenett SF within the meaning of Article 61(1) of the EEA Agreement. |
| --- | --- |

—

In the Contested Decision, the Authority also found that the notified measures did not confer an economic advantage to Norsk Helsenett SF within the meaning of Article 61(1) of the EEA Agreement.

| — | The Applicants challenge the fact that the Authority adopted the Contested Decision in relation to the aid without initiating the formal investigation procedure, thereby infringing the Applicants’ procedural rights. |
| --- | --- |

—

The Applicants challenge the fact that the Authority adopted the Contested Decision in relation to the aid without initiating the formal investigation procedure, thereby infringing the Applicants’ procedural rights.

| — | Thus, the Applicants submit that the EFTA Court should annul the Contested Decision. |
| --- | --- |

—

Thus, the Applicants submit that the EFTA Court should annul the Contested Decision.

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| 23.1.2020 | EN | Official Journal of the European Union | C 23/8 |
| --- | --- | --- | --- |

23.1.2020

EN

Official Journal of the European Union

C 23/8

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Request for an Advisory Opinion from the EFTA Court by the Princely Court of Appeal dated 13 August 2019 in criminal proceedings against H and I

(Case E-6/19)

(2020/C 23/08)

A request has been made to the EFTA Court dated 13 August 2019 from the Princely Court of Appeal (Fürstliches Obergericht), which was received at the Court Registry on 20 August 2019, for an Advisory Opinion in criminal proceedings against H and I on the following questions:

| 1. | In relation to Article 13(1)(m) of Regulation (EC) No 561/2006:






  (a) | Does this provision also apply to ‘empty journeys’ by the specialised vehicles transporting money and/or valuables mentioned therein, in other words, to journeys by those vehicles for the purpose of collecting money or valuables and to return journeys after the delivery of money or valuables? |
| --- | --- | --- |

1.

In relation to Article 13(1)(m) of Regulation (EC) No 561/2006:

(a)

Does this provision also apply to ‘empty journeys’ by the specialised vehicles transporting money and/or valuables mentioned therein, in other words, to journeys by those vehicles for the purpose of collecting money or valuables and to return journeys after the delivery of money or valuables?

| (b) | Does this provision also apply to vehicles escorting specialised vehicles transporting money and/or valuables? |
| --- | --- |

(b)

Does this provision also apply to vehicles escorting specialised vehicles transporting money and/or valuables?

| 2. | Is it necessary or proportionate, by reason of Article 19(1) of Regulation (EC) No 561/2006, for a Member State to impose penalties for infringements of this Regulation where the journeys at issue were effected by specialised vehicles transporting money or valuables on the territory of other Member States and those Member States have exercised the exception provided for in Article 13(1)(m) of this Regulation such that under the relevant national law of the Member States concerned no infringements exist? |
| --- | --- |

2.

Is it necessary or proportionate, by reason of Article 19(1) of Regulation (EC) No 561/2006, for a Member State to impose penalties for infringements of this Regulation where the journeys at issue were effected by specialised vehicles transporting money or valuables on the territory of other Member States and those Member States have exercised the exception provided for in Article 13(1)(m) of this Regulation such that under the relevant national law of the Member States concerned no infringements exist?

| 3. | Must Article 6(5) of Regulation (EC) No 561/2006 be interpreted as meaning that even where a Member State has exercised the exception provided for in Article 13(1)(m) of this Regulation, any time spent as described in Article 4(e) of this Regulation and time spent driving vehicles (in each case in relation to journeys involving specialised vehicles transporting money and/or valuables) must be recorded as ‘other work’ in accordance with Article 6(5) of the Regulation mentioned?
  If the answer to the question is in the affirmative, must Article 6(5) of Regulation (EC) No 561/2006 be applied also where the relevant Member State has exempted the vehicles concerned in accordance with Article 3(2) of Regulation (EEC) No 3821/85 (now Article 3(2) of Regulation (EU) No 165/2014)? |
| --- | --- |

3.

Must Article 6(5) of Regulation (EC) No 561/2006 be interpreted as meaning that even where a Member State has exercised the exception provided for in Article 13(1)(m) of this Regulation, any time spent as described in Article 4(e) of this Regulation and time spent driving vehicles (in each case in relation to journeys involving specialised vehicles transporting money and/or valuables) must be recorded as ‘other work’ in accordance with Article 6(5) of the Regulation mentioned?

If the answer to the question is in the affirmative, must Article 6(5) of Regulation (EC) No 561/2006 be applied also where the relevant Member State has exempted the vehicles concerned in accordance with Article 3(2) of Regulation (EEC) No 3821/85 (now Article 3(2) of Regulation (EU) No 165/2014)?

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| 23.1.2020 | EN | Official Journal of the European Union | C 23/9 |
| --- | --- | --- | --- |

23.1.2020

EN

Official Journal of the European Union

C 23/9

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Request for an Advisory Opinion from the EFTA Court by the Public Procurement Complaints Committee dated 17 September 2019 in the case of Tak – Malbik ehf. v the Icelandic Road and Coastal Administration and Þróttur ehf.

(Case E-7/19)

(2020/C 23/09)

A request has been made to the EFTA Court dated 17 September 2019 from the Public Procurement Complaints Committee (kærunefnd útboðsmála), which was received at the Court Registry on 23 September 2019, for an Advisory Opinion in the case of Tak – Malbik ehf. v the Icelandic Road and Coastal Administration and Þróttur ehf. on the following question:

| | Is a contract to be pursued following an invitation to tender, in which tenderers undertake to process and stockpile certain raw materials provided by the contracting authority, and in accordance with the contracting authority’s requirements, considered a works contract within the meaning of Directive 2014/24/EU, cf. in particular paragraphs 6 and 7 of Article 2, or a service contract within the meaning of the Directive, cf. in particular Article 2(9)? |
| --- | --- |

Is a contract to be pursued following an invitation to tender, in which tenderers undertake to process and stockpile certain raw materials provided by the contracting authority, and in accordance with the contracting authority’s requirements, considered a works contract within the meaning of Directive 2014/24/EU, cf. in particular paragraphs 6 and 7 of Article 2, or a service contract within the meaning of the Directive, cf. in particular Article 2(9)?

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| 23.1.2020 | EN | Official Journal of the European Union | C 23/10 |
| --- | --- | --- | --- |

23.1.2020

EN

Official Journal of the European Union

C 23/10

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Request for an Advisory Opinion from the EFTA Court by the Complaints Board for Public Procurement dated 18 October 2019 in the case of Scanteam AS v the Norwegian Government

(Case E-8/19)

(2020/C 23/10)

A request has been made to the EFTA Court dated 18 October 2019 from the Complaints Board for Public Procurement (Klagenemnda for offentlige anskaffelser), which was received at the Court Registry on 18 October 2019, for an Advisory Opinion in the case of Scanteam AS v the Norwegian Government, on the following question:

Is Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement applicable to procurement procedures undertaken by a foreign mission of an EFTA State in a third country (outside the EEA)?

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 23.1.2020 | EN | Official Journal of the European Union | C 23/11 |
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23.1.2020

EN

Official Journal of the European Union

C 23/11

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Prior notification of a concentration

(Case M.9691 – Mahindra & Mahindra/Ford Motor Company/Ardour)

Candidate case for simplified procedure

(Text with EEA relevance)

(2020/C 23/11)

1.

This notification concerns the following undertakings:

| — | Mahindra and Mahindra Limited (India), |
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Mahindra and Mahindra Limited (India),

| — | Ford Motor Company (United States), |
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Ford Motor Company (United States),

| — | Ardour Automotive Private Limited (India). |
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Ardour Automotive Private Limited (India).

The concentration is accomplished by way of purchase of shares in a newly created company constituting a joint venture.

2.

| — | for Mahindra and Mahindra Limited: M&M is the parent company of the Mahindra Group which is active in various sectors including, amongst others, automotive and automotive aftermarket, |
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for Mahindra and Mahindra Limited: M&M is the parent company of the Mahindra Group which is active in various sectors including, amongst others, automotive and automotive aftermarket,

| — | for Ford Motor Company: FMC is the parent company of the Ford Group which designs, manufactures, markets and services a full line of Ford cars, trucks, SUVs, electrified vehicles and Lincoln luxury vehicles, provides financial services through Ford Motor Credit Company and is also active in electrification, autonomous vehicles and mobility solutions, |
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for Ford Motor Company: FMC is the parent company of the Ford Group which designs, manufactures, markets and services a full line of Ford cars, trucks, SUVs, electrified vehicles and Lincoln luxury vehicles, provides financial services through Ford Motor Credit Company and is also active in electrification, autonomous vehicles and mobility solutions,

| — | for Ardour Automotive Private Limited: The JV will design, engineer, test, manufacture, market, sell, distribute and export passenger vehicles as well as replacement and service parts and components and assemblies for such vehicles. |
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for Ardour Automotive Private Limited: The JV will design, engineer, test, manufacture, market, sell, distribute and export passenger vehicles as well as replacement and service parts and components and assemblies for such vehicles.

3.

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 the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.9691 – Mahindra & Mahindra/Ford Motor Company/Ardour

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

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

Postal 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’).

1

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

2

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| 23.1.2020 | EN | Official Journal of the European Union | C 23/13 |
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23.1.2020

EN

Official Journal of the European Union

C 23/13

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Prior notification of a concentration

(Case M.9699 – Mitsubishi Corporation/Eneco Groep)

Candidate case for simplified procedure

(Text with EEA relevance)

(2020/C 23/12)

1.

This notification concerns the following undertakings:

| — | Mitsubishi Corporation (‘MC’, Japan), |
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Mitsubishi Corporation (‘MC’, Japan),

| — | Eneco Groep N.V. (‘Eneco’, the Netherlands). |
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Eneco Groep N.V. (‘Eneco’, the Netherlands).

MC acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Eneco.

The concentration is accomplished by way of purchase of shares.

2.

| — | MC is a global integrated trading company which develops and operates businesses across a variety of industries. MC (through its subsidiaries) is active in the development, construction and operation of windfarms, generation and wholesale supply of electricity and in trading of electricity in the EEA, |
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MC is a global integrated trading company which develops and operates businesses across a variety of industries. MC (through its subsidiaries) is active in the development, construction and operation of windfarms, generation and wholesale supply of electricity and in trading of electricity in the EEA,

| — | Eneco is active in the production and storage of electricity from (sustainable) resources, including wind, solar, water and bio-energy, the supply of electricity and gas to private and business customers, and provision of ancillary services. |
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Eneco is active in the production and storage of electricity from (sustainable) resources, including wind, solar, water and bio-energy, the supply of electricity and gas to private and business customers, and provision of ancillary services.

3.

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 the Notice.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.9699 – Mitsubishi Corporation/Eneco Groep

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

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

Postal 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’).

1

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

2

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| 23.1.2020 | EN | Official Journal of the European Union | C 23/14 |
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23.1.2020

EN

Official Journal of the European Union

C 23/14

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Prior notification of a concentration

(Case M.9559 – Telefónica/Prosegur/Prosegur Alarmas España)

(Text with EEA relevance)

(2020/C 23/13)

1.

This notification concerns the following undertakings:

| — | Telefónica S.A. (‘Telefónica’, Spain), |
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Telefónica S.A. (‘Telefónica’, Spain),

| — | Prosegur Compañía de Seguridad, S.A. (‘PCS’, Spain) |
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Prosegur Compañía de Seguridad, S.A. (‘PCS’, Spain)

| — | Prosegur Alarmas España, S.L.U. (‘Prosegur Alarmas’, Spain), currently solely controlled by PCS. |
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Prosegur Alarmas España, S.L.U. (‘Prosegur Alarmas’, Spain), currently solely controlled by PCS.

Telefónica and PCS acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of Prosegur Alarmas.

The concentration is accomplished by way of purchase of shares.

The same concentration was already notified to the Commission on 27 November 2019, but the notification was subsequently withdrawn on 20 December 2019.

2.

| — | for Telefónica: a global telecommunications operator and mobile network provider, operating under a number of brands, including Movistar, O2 and Vivo. Telefónica is a 100 % publicly owned company listed on the Madrid, New York, Lima and Buenos Aires Stock Exchanges, |
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for Telefónica: a global telecommunications operator and mobile network provider, operating under a number of brands, including Movistar, O2 and Vivo. Telefónica is a 100 % publicly owned company listed on the Madrid, New York, Lima and Buenos Aires Stock Exchanges,

| — | for PCS: provides security services to companies, homes and businesses. PCS’s operations are divided in three business lines, namely alarms, security, and cash, |
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for PCS: provides security services to companies, homes and businesses. PCS’s operations are divided in three business lines, namely alarms, security, and cash,

| — | for Prosegur Alarmas: active in the provision of alarms installation services and connection to reception centres in Spain. |
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for Prosegur Alarmas: active in the provision of alarms installation services and connection to reception centres in Spain.

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.

4.

Observations must reach the Commission not later than 10 days following the date of this publication. The following reference should always be specified:

M.9559 – Telefónica/Prosegur/Prosegur Alarmas España

Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:

Email: COMP-MERGER-REGISTRY@ec.europa.eu

Fax +32 22964301

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

Postal 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’).

1

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