# C_2017144EN.01002201.xml

| 8.5.2017 | EN | Official Journal of the European Union | C 144/22 |
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8.5.2017

EN

Official Journal of the European Union

C 144/22

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Request for a preliminary ruling from the Fövárosi Törvényszék (Hungary) lodged on 2 February 2017 — Bericap Záródástechnikai Cikkeket Gyártó Bt. v Nemzetgazdasági Minisztérium

(Case C-53/17)

(2017/C 144/28)

Language of the case: Hungarian

Referring court

Referring court

Fövárosi Törvényszék

Parties to the main proceedings

Parties to the main proceedings

Applicant: Bericap Záródástechnikai Cikkeket Gyártó Bt.

Applicant:

Defendant: Nemzetgazdasági Minisztérium

Defendant:

Questions referred

Questions referred

| 1. | Is the subparagraph of Article 3(3) of Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008 (1) which is worded ‘Enterprises which have one or other of such relationships through a natural person or group of natural persons acting jointly are also considered linked enterprises if they engage in their activity or in part of their activity in the same relevant market or in adjacent markets’ to be interpreted as meaning that enterprises carrying out their activities on the same market as members of a global group of companies held by the same group of proprietors are considered to be ‘linked enterprises’ vis-à-vis one another automatically and regardless of other circumstances, without it being necessary to examine in detail whether they are in fact in one of the relationships referred to in Article 3(3)(a), (b), (c) and (d) or whether they are acting jointly on the same market; |
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1.

Is the subparagraph of Article 3(3) of Annex I to Commission Regulation (EC) No 800/2008 of 6 August 2008 (1) which is worded ‘Enterprises which have one or other of such relationships through a natural person or group of natural persons acting jointly are also considered linked enterprises if they engage in their activity or in part of their activity in the same relevant market or in adjacent markets’ to be interpreted as meaning that enterprises carrying out their activities on the same market as members of a global group of companies held by the same group of proprietors are considered to be ‘linked enterprises’ vis-à-vis one another automatically and regardless of other circumstances, without it being necessary to examine in detail whether they are in fact in one of the relationships referred to in Article 3(3)(a), (b), (c) and (d) or whether they are acting jointly on the same market;

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Enterprises which have one or other of such relationships through a natural person or group of natural persons acting jointly are also considered linked enterprises if they engage in their activity or in part of their activity in the same relevant market or in adjacent markets

| 2. | If not, must that subparagraph be interpreted as meaning that enterprises carrying out their activities on the same market as members of a group of companies held by the same group of proprietors are considered to be ‘linked enterprises’ vis-à-vis one another only where they are in one of the relationships referred to in Article 3(3)(a), (b), (c) and (d)? |
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2.

If not, must that subparagraph be interpreted as meaning that enterprises carrying out their activities on the same market as members of a group of companies held by the same group of proprietors are considered to be ‘linked enterprises’ vis-à-vis one another only where they are in one of the relationships referred to in Article 3(3)(a), (b), (c) and (d)?

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(1)  Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General block exemption Regulation) (Text with EEA relevance); OJ 2008 L 214, p. 3.

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