# Official Journal C 376/2014

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 376 |
| | |
| English edition | Information and Notices | Volume 5723 October 2014 |

ISSN 1977-091X

Official Journal

of the European Union

C 376

English edition

Information and Notices

Volume 5723 October 2014

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2014/C 376/01 | Euro exchange rates | 1 |
| | NOTICES FROM MEMBER STATES |
| 2014/C 376/02 | Information communicated by Member States regarding closure of fisheries | 2 |
| 2014/C 376/03 | Information communicated by Member States regarding closure of fisheries | 2 |
| 2014/C 376/04 | Information communicated by Member States regarding closure of fisheries | 3 |
| | NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA |
| | EFTA Surveillance Authority |
| 2014/C 376/05 | Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty) (General Block Exemption Regulation) | 4 |
| 2014/C 376/06 | Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty) (General Block Exemption Regulation) | 6 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2014/C 376/01

Euro exchange rates

1

NOTICES FROM MEMBER STATES

2014/C 376/02

Information communicated by Member States regarding closure of fisheries

2

2014/C 376/03

Information communicated by Member States regarding closure of fisheries

2

2014/C 376/04

Information communicated by Member States regarding closure of fisheries

3

NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

2014/C 376/05

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty) (General Block Exemption Regulation)

4

2014/C 376/06

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty) (General Block Exemption Regulation)

6

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2014/C 376/07 | Call for proposals 2015 — EAC/A04/2014 — Erasmus+ Programme: Change of deadline for the submission of applications (Key Action 2 — Strategic partnerships in the field of education and training) | 8 |
| | European Personnel Selection Office (EPSO) |
| 2014/C 376/08 | Notice of open competition | 9 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2014/C 376/09 | Prior notification of a concentration (Case M.7421 — Orange/Jazztel) (
  1
  ) | 10 |
| 2014/C 376/10 | Prior notification of a concentration (Case M.7411 — TDR Capital/Lakeside 1 Limited) — Candidate case for simplified procedure (
  1
  ) | 11 |
| 2014/C 376/11 | Communication of the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/39964 — Air France-KLM/Alitalia/Delta | 12 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2014/C 376/07

Call for proposals 2015 — EAC/A04/2014 — Erasmus+ Programme: Change of deadline for the submission of applications (Key Action 2 — Strategic partnerships in the field of education and training)

8

European Personnel Selection Office (EPSO)

2014/C 376/08

Notice of open competition

9

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2014/C 376/09

Prior notification of a concentration (Case M.7421 — Orange/Jazztel) (
  1
  )

1

10

2014/C 376/10

Prior notification of a concentration (Case M.7411 — TDR Capital/Lakeside 1 Limited) — Candidate case for simplified procedure (
  1
  )

1

11

2014/C 376/11

Communication of the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/39964 — Air France-KLM/Alitalia/Delta

12

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

---

(1)   Text with EEA relevance

1

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

EN

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 23.10.2014 | EN | Official Journal of the European Union | C 376/1 |
| --- | --- | --- | --- |

23.10.2014

EN

Official Journal of the European Union

C 376/1

---

Euro exchange rates (1)

22 October 2014

2014/C 376/01

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2693 |
| JPY | Japanese yen | 135,79 |
| DKK | Danish krone | 7,4468 |
| GBP | Pound sterling | 0,79090 |
| SEK | Swedish krona | 9,2118 |
| CHF | Swiss franc | 1,2062 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,3815 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,683 |
| HUF | Hungarian forint | 306,17 |
| LTL | Lithuanian litas | 3,4528 |
| PLN | Polish zloty | 4,2246 |
| RON | Romanian leu | 4,4175 |
| TRY | Turkish lira | 2,8489 |
| AUD | Australian dollar | 1,4430 |
| CAD | Canadian dollar | 1,4242 |
| HKD | Hong Kong dollar | 9,8452 |
| NZD | New Zealand dollar | 1,5916 |
| SGD | Singapore dollar | 1,6114 |
| KRW | South Korean won | 1 334,58 |
| ZAR | South African rand | 14,0090 |
| CNY | Chinese yuan renminbi | 7,7672 |
| HRK | Croatian kuna | 7,6698 |
| IDR | Indonesian rupiah | 15 235,87 |
| MYR | Malaysian ringgit | 4,1411 |
| PHP | Philippine peso | 56,821 |
| RUB | Russian rouble | 52,1430 |
| THB | Thai baht | 41,017 |
| BRL | Brazilian real | 3,1532 |
| MXN | Mexican peso | 17,1803 |
| INR | Indian rupee | 77,7142 |

Currency

Exchange rate

USD

US dollar

1,2693

JPY

Japanese yen

135,79

DKK

Danish krone

7,4468

GBP

Pound sterling

0,79090

SEK

Swedish krona

9,2118

CHF

Swiss franc

1,2062

ISK

Iceland króna

NOK

Norwegian krone

8,3815

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,683

HUF

Hungarian forint

306,17

LTL

Lithuanian litas

3,4528

PLN

Polish zloty

4,2246

RON

Romanian leu

4,4175

TRY

Turkish lira

2,8489

AUD

Australian dollar

1,4430

CAD

Canadian dollar

1,4242

HKD

Hong Kong dollar

9,8452

NZD

New Zealand dollar

1,5916

SGD

Singapore dollar

1,6114

KRW

South Korean won

1 334,58

ZAR

South African rand

14,0090

CNY

Chinese yuan renminbi

7,7672

HRK

Croatian kuna

7,6698

IDR

Indonesian rupiah

15 235,87

MYR

Malaysian ringgit

4,1411

PHP

Philippine peso

56,821

RUB

Russian rouble

52,1430

THB

Thai baht

41,017

BRL

Brazilian real

3,1532

MXN

Mexican peso

17,1803

INR

Indian rupee

77,7142

---

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

---

NOTICES FROM MEMBER STATES

| 23.10.2014 | EN | Official Journal of the European Union | C 376/2 |
| --- | --- | --- | --- |

23.10.2014

EN

Official Journal of the European Union

C 376/2

---

Information communicated by Member States regarding closure of fisheries

2014/C 376/02

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 | 26.9.2014 |
| --- | --- |
| Duration | 26.9.2014-31.12.2014 |
| Member State | Spain |
| Stock or Group of stocks | WHM/ATLANT |
| Species | White marlin (Tetrapturus albidus) |
| Zone | Atlantic Ocean |
| Type(s) of fishing vessels | — |
| Reference number | 57/TQ43 |

Date and time of closure

26.9.2014

Duration

26.9.2014-31.12.2014

Member State

Spain

Stock or Group of stocks

WHM/ATLANT

Species

White marlin (Tetrapturus albidus)

Zone

Atlantic Ocean

Type(s) of fishing vessels

—

Reference number

57/TQ43

---

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

---

| 23.10.2014 | EN | Official Journal of the European Union | C 376/2 |
| --- | --- | --- | --- |

23.10.2014

EN

Official Journal of the European Union

C 376/2

---

Information communicated by Member States regarding closure of fisheries

2014/C 376/03

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 | 16.9.2014 |
| --- | --- |
| Duration | 16.9.2014-31.12.2014 |
| Member State | Spain |
| Stock or group of stocks | SOL/8AB. |
| Species | Common sole (solea solea) |
| Zone | VIIIa and VIIIb |
| Type(s) of fishing vessels | — |
| Reference number | 53/TQ43 |

Date and time of closure

16.9.2014

Duration

16.9.2014-31.12.2014

Member State

Spain

Stock or group of stocks

SOL/8AB.

Species

Common sole (solea solea)

Zone

VIIIa and VIIIb

Type(s) of fishing vessels

—

Reference number

53/TQ43

---

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

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| 23.10.2014 | EN | Official Journal of the European Union | C 376/3 |
| --- | --- | --- | --- |

23.10.2014

EN

Official Journal of the European Union

C 376/3

---

Information communicated by Member States regarding closure of fisheries

2014/C 376/04

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 | 16.9.2014 |
| --- | --- |
| Duration | 16.9.2014–31.12.2014 |
| Member State | Spain |
| Stock or Group of stocks | WHG/7X7A-C |
| Species | Whiting (Merlangius merlangus) |
| Zone | VIIb, VIIc, VIId, VIIe, VIIf, VIIg, VIIh, VIIj and VIIk |
| Type(s) of fishing vessels | — |
| Reference number | 52/TQ43 |

Date and time of closure

16.9.2014

Duration

16.9.2014–31.12.2014

Member State

Spain

Stock or Group of stocks

WHG/7X7A-C

Species

Whiting (Merlangius merlangus)

Zone

VIIb, VIIc, VIId, VIIe, VIIf, VIIg, VIIh, VIIj and VIIk

Type(s) of fishing vessels

—

Reference number

52/TQ43

---

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

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NOTICES CONCERNING THE EUROPEAN ECONOMIC AREA

EFTA Surveillance Authority

| 23.10.2014 | EN | Official Journal of the European Union | C 376/4 |
| --- | --- | --- | --- |

23.10.2014

EN

Official Journal of the European Union

C 376/4

---

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty) (General Block Exemption Regulation)

2014/C 376/05

PART I

| Aid reference | GBER 7/2014/R&D |
| --- | --- |
| EFTA State | Norway |
| Granting authority | Name | Norwegian Ministry of Foreign Affairs |
| Address | PO Box 8114 Dep |
| N-0032 Oslo |
| NORWAY |

Aid reference

GBER 7/2014/R&D

EFTA State

Norway

Granting authority

Name

Norwegian Ministry of Foreign Affairs

Address

PO Box 8114 Dep

N-0032 Oslo

NORWAY

Web page

www.regjeringen.no/ud

Title of the aid measure

Commercial initiatives under ‘Barents 2020’

National legal basis (Reference to the relevant national official publication)

http://www.regjeringen.no/nb/dep/ud/dok/regpubl/prop/2013-2014/prop-1-s-20132014-/9/2/4.html?id=741644

Web link to the full text of the aid measure

www.innovasjonnorge.no/barentsrussland

Type of measure

Scheme

Yes

Duration

Scheme

4.4.2014 to 31.12.2019

Economic sector(s) concerned

All economic sectors eligible to receive aid

All sectors

Type of beneficiary

SME

Yes

Large enterprises

Yes

Budget

Annual overall amount of the budget planned under the scheme

In total NOK 62 800 000 (2014-2019)

Tentative disbursement plan:

2014: NOK 6 040 000

2015: NOK 12 415 000

2016: NOK 12 750 000

2017: NOK 12 750 000

2018: NOK 12 610 000

2019: NOK 6 235 000

Aid instrument

(Article 5)

Grant

Yes

PART II

| General Objectives (list) | Objectives (list) | Maximum aid intensity in % or Maximum aid amount in NOK | SME — bonuses in % |
| --- | --- | --- | --- |
| Aid for consultancy in favour of SMEs and SME participation in fairs
  (Articles 26-27) | Aid for consultancy in favour of SMEs
  (Article 26) | 50 % | N.A. |
| Aid for SME participation in fairs
  (Article 27) | 50 % | N.A. |
| Aid for research, development and innovation
  (Articles 30-37) | Aid for research and development projects
  (Article 31) | Industrial research
  (Article 31(2)(b)) | 50 %/65 %
  (Article 31(4)(b)) | Where the aid is granted to SMEs, the aid intensity may be increased by 10 percentage points for medium-sized enterprises and by 20 percentage points for small enterprises and a bonus of 15 percentage points may be added, up to a maximum aid intensity of 80 % of the eligible costs. |
| Experimental development
  (Article 31(2)(c)) | 25 % |
| Aid for technical feasibility studies
  (Article 32) | 40 % for studies preparatory to experimental development activities/65 % for studies preparatory to industrial research activities | 10 % |
| | Aid for industrial property rights costs for SMEs
  (Article 33) | 45 % for experimental development/65 % for industrial research
  Article 33(2) + Art 31(3) + (4) | N.A. |
| | Aid for innovation advisory services and for innovation support services
  (Article 36) | NOK 1 600 000 per beneficiary within any three-year period | |
| | Aid for the loan of highly qualified personnel
  (Article 37) | 50 % | N.A. |
| Training aid
  (Articles 38-39) | Specific training
  (Article 38(1)) | 25 % | 10 % for small and 20 % for medium-sized enterprises |
| General training
  (Article 38(2)) | 60 % | 10 % for small and 20 % for medium-sized enterprises |

General Objectives (list)

Objectives (list)

Maximum aid intensity in % or Maximum aid amount in NOK

SME — bonuses in %

Aid for consultancy in favour of SMEs and SME participation in fairs

(Articles 26-27)

Aid for consultancy in favour of SMEs

(Article 26)

50 %

N.A.

Aid for SME participation in fairs

(Article 27)

50 %

N.A.

Aid for research, development and innovation

(Articles 30-37)

Aid for research and development projects

(Article 31)

Industrial research

(Article 31(2)(b))

50 %/65 %

(Article 31(4)(b))

Where the aid is granted to SMEs, the aid intensity may be increased by 10 percentage points for medium-sized enterprises and by 20 percentage points for small enterprises and a bonus of 15 percentage points may be added, up to a maximum aid intensity of 80 % of the eligible costs.

Experimental development

(Article 31(2)(c))

25 %

Aid for technical feasibility studies

(Article 32)

40 % for studies preparatory to experimental development activities/65 % for studies preparatory to industrial research activities

10 %

Aid for industrial property rights costs for SMEs

(Article 33)

45 % for experimental development/65 % for industrial research

Article 33(2) + Art 31(3) + (4)

N.A.

Aid for innovation advisory services and for innovation support services

(Article 36)

NOK 1 600 000 per beneficiary within any three-year period

Aid for the loan of highly qualified personnel

(Article 37)

50 %

N.A.

Training aid

(Articles 38-39)

Specific training

(Article 38(1))

25 %

10 % for small and 20 % for medium-sized enterprises

General training

(Article 38(2))

60 %

10 % for small and 20 % for medium-sized enterprises

---

| 23.10.2014 | EN | Official Journal of the European Union | C 376/6 |
| --- | --- | --- | --- |

23.10.2014

EN

Official Journal of the European Union

C 376/6

---

Information communicated by the EFTA States regarding State aid granted under the Act referred to in point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty) (General Block Exemption Regulation)

2014/C 376/06

PART I

| Aid reference | GBER 8/2014/R&D |
| --- | --- |
| EFTA State | Norway |
| Granting authority | Name | Norwegian Ministry of Foreign Affairs |
| Address | PO Box 8114 Dep |
| N-0032 Oslo |
| NORWAY |

Aid reference

GBER 8/2014/R&D

EFTA State

Norway

Granting authority

Name

Norwegian Ministry of Foreign Affairs

Address

PO Box 8114 Dep

N-0032 Oslo

NORWAY

Webpage

www.regjeringen.no/ud

Title of the aid measure

Commercial initiatives under ‘Prosjektsamarbeidet med Russland’ (Project Cooperation with Russia)

National legal basis (Reference to the relevant national official publication)

http://www.regjeringen.no/nb/dep/ud/dok/regpubl/prop/2013-2014/prop-1-s-20132014-/9/2/4.html?id=741644

Web link to the full text of the aid measure

www.innovasjonnorge.no/barentsrussland

Type of measure

Scheme

Yes

Duration

Scheme

4.4.2014 to 31.12.2019

Economic sector(s) concerned

All economic sectors eligible to receive aid

All sectors

Type of beneficiary

SME

Yes

Large enterprises

Yes

Budget

Annual overall amount of the budget planned under the scheme

In total NOK 62 800 000 (2014-2019)

Tentative disbursement plan:

2014: NOK 6 040 000

2015: NOK 12 415 000

2016: NOK 12 750 000

2017: NOK 12 750 000

2018: NOK 12 610 000

2019: NOK 6 235 000

Aid instrument

(Article 5)

Grant

Yes

PART II

| General Objectives (list) | Objectives (list) | Maximum aid intensity in % or Maximum aid amount in NOK | SME — bonuses in % |
| --- | --- | --- | --- |
| Aid for consultancy in favour of SMEs and SME participation in fairs
  (Articles 26-27) | Aid for consultancy in favour of SMEs
  (Article 26) | 50 % | N.A. |
| Aid for SME participation in fairs
  (Article 27) | 50 % | N.A. |
| Aid for research, development and innovation
  (Articles 30-37) | Aid for research and development projects
  (Article 31) | Industrial research
  (Article 31(2)(b)) | 50 %/65 %
  (Article 31(4)(b)) | Where the aid is granted to SMEs, the aid intensity may be increased by 10 percentage points for medium-sized enterprises and by 20 percentage points for small enterprises and a bonus of 15 percentage points may be added, up to a maximum aid intensity of 80 % of the eligible costs |
| Experimental development
  (Article 31(2)(c)) | 25 % |
| Aid for technical feasibility studies
  (Article 32) | 40 % for studies preparatory to experimental development activities/65 % for studies preparatory to industrial research activities | 10 % |
| Aid for industrial property rights costs for SMEs
  (Article 33) | 45 % for experimental development/65 % for industrial research
  Article 33(2) + Article 31(3) + (4) | N.A. |
| Aid for innovation advisory services and for innovation support services
  (Article 36) | NOK 1 600 000 per beneficiary within any three-year period | |
| Aid for the loan of highly qualified personnel
  (Article 37) | 50 % | N.A. |
| Training aid
  (Articles 38-39) | Specific training
  (Article 38(1)) | 25 % | 10 % for small and 20 % for medium-sized enterprises |
| General training
  (Article 38(2)) | 60 % | 10 % for small and 20 % for medium-sized enterprises |

General Objectives (list)

Objectives (list)

Maximum aid intensity in % or Maximum aid amount in NOK

SME — bonuses in %

Aid for consultancy in favour of SMEs and SME participation in fairs

(Articles 26-27)

Aid for consultancy in favour of SMEs

(Article 26)

50 %

N.A.

Aid for SME participation in fairs

(Article 27)

50 %

N.A.

Aid for research, development and innovation

(Articles 30-37)

Aid for research and development projects

(Article 31)

Industrial research

(Article 31(2)(b))

50 %/65 %

(Article 31(4)(b))

Where the aid is granted to SMEs, the aid intensity may be increased by 10 percentage points for medium-sized enterprises and by 20 percentage points for small enterprises and a bonus of 15 percentage points may be added, up to a maximum aid intensity of 80 % of the eligible costs

Experimental development

(Article 31(2)(c))

25 %

Aid for technical feasibility studies

(Article 32)

40 % for studies preparatory to experimental development activities/65 % for studies preparatory to industrial research activities

10 %

Aid for industrial property rights costs for SMEs

(Article 33)

45 % for experimental development/65 % for industrial research

Article 33(2) + Article 31(3) + (4)

N.A.

Aid for innovation advisory services and for innovation support services

(Article 36)

NOK 1 600 000 per beneficiary within any three-year period

Aid for the loan of highly qualified personnel

(Article 37)

50 %

N.A.

Training aid

(Articles 38-39)

Specific training

(Article 38(1))

25 %

10 % for small and 20 % for medium-sized enterprises

General training

(Article 38(2))

60 %

10 % for small and 20 % for medium-sized enterprises

---

V Announcements

ADMINISTRATIVE PROCEDURES

European Commission

| 23.10.2014 | EN | Official Journal of the European Union | C 376/8 |
| --- | --- | --- | --- |

23.10.2014

EN

Official Journal of the European Union

C 376/8

---

CALL FOR PROPOSALS 2015 — EAC/A04/2014

Erasmus+ Programme: Change of deadline for the submission of applications (Key Action 2 — Strategic partnerships in the field of education and training)

(
  Official Journal of the European Union C 344 of 2 October 2014
  )

2014/C 376/07

Point 5 ‘Deadline for the submission of applications’ has been amended as follows, as regards Key Action 2 — Strategic partnerships:

‘Key Action 2

| Strategic partnerships in the field of youth | 4 February 2015 |
| --- | --- |
| Strategic partnerships in the field of education and training | 31 March 2015 |
| Strategic partnerships in the field of youth | 30 April 2015 |
| Strategic partnerships in the field of youth | 1 October 2015’ |

Strategic partnerships in the field of youth

4 February 2015

Strategic partnerships in the field of education and training

31 March 2015

Strategic partnerships in the field of youth

30 April 2015

Strategic partnerships in the field of youth

1 October 2015’

---

European Personnel Selection Office (EPSO)

| 23.10.2014 | EN | Official Journal of the European Union | C 376/9 |
| --- | --- | --- | --- |

23.10.2014

EN

Official Journal of the European Union

C 376/9

---

NOTICE OF OPEN COMPETITION

2014/C 376/08

The European Personnel Selection Office (EPSO) is organising the following open competition:

EPSO/AD/293/14 — Administrators (AD 7)

in the following fields:

| 1. | Competition law |
| --- | --- |

1.

Competition law

| 2. | Corporate finance |
| --- | --- |

2.

Corporate finance

| 3. | Financial economics |
| --- | --- |

3.

Financial economics

| 4. | Industrial economics |
| --- | --- |

4.

Industrial economics

| 5. | Macroeconomics |
| --- | --- |

5.

Macroeconomics

The competition notice is published in 24 languages in Official Journal C 376 A of 23 October 2014.

Further information can be found on the EPSO website http://blogs.ec.europa.eu/eu-careers.info/

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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 23.10.2014 | EN | Official Journal of the European Union | C 376/10 |
| --- | --- | --- | --- |

23.10.2014

EN

Official Journal of the European Union

C 376/10

---

Prior notification of a concentration

(Case M.7421 — Orange/Jazztel)

(Text with EEA relevance)

2014/C 376/09

| 1. | On 16 October 2014, 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 Orange SA (France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Jazztel plc (United Kingdom) by way of public bid announced on 16 September 2014. |
| --- | --- |

1.

On 16 October 2014, 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 Orange SA (France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Jazztel plc (United Kingdom) by way of public bid announced on 16 September 2014.

| 2. | The business activities of the undertakings concerned are:
  —   for Orange SA: provision of telecommunication services at both wholesale and retail level (fixed and mobile telephony, fixed broadband internet services) in more than 30 countries,
  —   for Jazztel plc: provision of retail telecommunication services (fixed and mobile telephony, fixed broadband internet services) to residential and corporate customers in Spain. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for Orange SA: provision of telecommunication services at both wholesale and retail level (fixed and mobile telephony, fixed broadband internet services) in more than 30 countries,

—   for Jazztel plc: provision of retail telecommunication services (fixed and mobile telephony, fixed broadband internet services) to residential and corporate customers 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. |
| --- | --- |

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. | 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.7421 — Orange/Jazztel, 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.7421 — Orange/Jazztel, 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’).

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| 23.10.2014 | EN | Official Journal of the European Union | C 376/11 |
| --- | --- | --- | --- |

23.10.2014

EN

Official Journal of the European Union

C 376/11

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Prior notification of a concentration

(Case M.7411 — TDR Capital/Lakeside 1 Limited)

Candidate case for simplified procedure

(Text with EEA relevance)

2014/C 376/10

| 1. | On 16 October 2014, 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 Keystone Bidco Limited (United Kingdom), controlled by TDR Capital LLP, acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, control of the whole of the undertaking Lakeside 1 Limited (United Kingdom) by way of purchase of shares. |
| --- | --- |

1.

On 16 October 2014, 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 Keystone Bidco Limited (United Kingdom), controlled by TDR Capital LLP, acquires, within the meaning of Article 3(1)(b) of the Merger Regulation, control of the whole of the undertaking Lakeside 1 Limited (United Kingdom) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:
  —   for TDR Capital LLP: private equity firm investing in companies in various sectors including vacant property services and modular construction,
  —   for Lakeside 1 Limited: provider of integrated housing development and community regeneration services in the United Kingdom under the trading names ‘Keepmoat’ and ‘Keepmoat Homes’. |
| --- | --- |

2.

The business activities of the undertakings concerned are:

—   for TDR Capital LLP: private equity firm investing in companies in various sectors including vacant property services and modular construction,

—   for Lakeside 1 Limited: provider of integrated housing development and community regeneration services in the United Kingdom under the trading names ‘Keepmoat’ and ‘Keepmoat Homes’.

| 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.7411 — TDR Capital/Lakeside 1 Limited, 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.7411 — TDR Capital/Lakeside 1 Limited, 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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| 23.10.2014 | EN | Official Journal of the European Union | C 376/12 |
| --- | --- | --- | --- |

23.10.2014

EN

Official Journal of the European Union

C 376/12

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Communication of the Commission published pursuant to Article 27(4) of Council Regulation (EC) No 1/2003 in Case COMP/39964 — Air France-KLM/Alitalia/Delta

2014/C 376/11

1.   INTRODUCTION

| (1) | According to Article 9 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (1), the Commission may decide — in cases where it intends to adopt a decision requiring that an infringement is brought to an end and the parties concerned offer commitments to meet the concerns expressed to them by the Commission in its preliminary assessment — to make those commitments binding on the undertakings. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the Commission. According to Article 27(4) of the same Regulation, the Commission shall publish a concise summary of the case and the main content of the commitments. Interested parties may submit their observations within the time limit fixed by the Commission. |
| --- | --- |

(1)

According to Article 9 of Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (1), the Commission may decide — in cases where it intends to adopt a decision requiring that an infringement is brought to an end and the parties concerned offer commitments to meet the concerns expressed to them by the Commission in its preliminary assessment — to make those commitments binding on the undertakings. Such a decision may be adopted for a specified period and shall conclude that there are no longer grounds for action by the Commission. According to Article 27(4) of the same Regulation, the Commission shall publish a concise summary of the case and the main content of the commitments. Interested parties may submit their observations within the time limit fixed by the Commission.

2.   SUMMARY OF THE CASE

| (2) | On 20 May 2009, Air France, Delta, KLM and Northwest (2) entered into a Transatlantic Joint Venture Agreement covering all their passenger transport services on transatlantic routes (the ‘TAJV Agreement’). The TAJV Agreement was implemented on 20 June 2009 (with retroactive effect as from 1 April 2009). On 5 July 2010, the TAJV Agreement was expanded to include Alitalia (3). The TAJV Agreement provides for cooperation between the Parties on all the key parameters of competition, including pricing, capacity, schedules and marketing. |
| --- | --- |

(2)

On 20 May 2009, Air France, Delta, KLM and Northwest (2) entered into a Transatlantic Joint Venture Agreement covering all their passenger transport services on transatlantic routes (the ‘TAJV Agreement’). The TAJV Agreement was implemented on 20 June 2009 (with retroactive effect as from 1 April 2009). On 5 July 2010, the TAJV Agreement was expanded to include Alitalia (3). The TAJV Agreement provides for cooperation between the Parties on all the key parameters of competition, including pricing, capacity, schedules and marketing.

| (3) | On 23 January 2012, the Commission opened an ex officio investigation into the TAJV Agreement. |
| --- | --- |

(3)

On 23 January 2012, the Commission opened an ex officio investigation into the TAJV Agreement.

| (4) | On 26 September 2014, the Commission adopted a preliminary assessment within the meaning of Article 9(1) of Regulation (EC) No 1/2003, in which it expressed preliminary concerns as to the compatibility of the TAJV Agreement with Article 101 of the Treaty. The preliminary assessment finds that the TAJV Agreement is likely to restrict competition by object. |
| --- | --- |

(4)

On 26 September 2014, the Commission adopted a preliminary assessment within the meaning of Article 9(1) of Regulation (EC) No 1/2003, in which it expressed preliminary concerns as to the compatibility of the TAJV Agreement with Article 101 of the Treaty. The preliminary assessment finds that the TAJV Agreement is likely to restrict competition by object.

| (5) | Although the TAJV Agreement concerns all the transatlantic routes operated by the Parties, the preliminary assessment focuses on three routes where the Commission considered that there was a high probability that the conditions under Article 101(3) of the Treaty would not be met. These routes are Amsterdam-New York, Rome-New York and Paris-New York. In addition the Commission considers that, due to the closeness of competition between the Parties, as well as their significant combined market position, the TAJV Agreement is likely to produce appreciable anti-competitive effects on these routes. |
| --- | --- |

(5)

Although the TAJV Agreement concerns all the transatlantic routes operated by the Parties, the preliminary assessment focuses on three routes where the Commission considered that there was a high probability that the conditions under Article 101(3) of the Treaty would not be met. These routes are Amsterdam-New York, Rome-New York and Paris-New York. In addition the Commission considers that, due to the closeness of competition between the Parties, as well as their significant combined market position, the TAJV Agreement is likely to produce appreciable anti-competitive effects on these routes.

| (6) | Specifically, in the preliminary assessment, the Commission takes the view that the TAJV Agreement has eliminated the competition which existed between the Parties on these three routes before their cooperation. This competition is unlikely to be replaced by competition from existing competitors or from likely, timely and sufficient new entry or expansion, because there are significant barriers to entry and expansion in these markets. These barriers include, in particular, slot constraints at the airports concerned, the Parties’ frequency advantage and hub dominance, as well as network effects resulting from the Parties’ frequent flyer programmes. |
| --- | --- |

(6)

Specifically, in the preliminary assessment, the Commission takes the view that the TAJV Agreement has eliminated the competition which existed between the Parties on these three routes before their cooperation. This competition is unlikely to be replaced by competition from existing competitors or from likely, timely and sufficient new entry or expansion, because there are significant barriers to entry and expansion in these markets. These barriers include, in particular, slot constraints at the airports concerned, the Parties’ frequency advantage and hub dominance, as well as network effects resulting from the Parties’ frequent flyer programmes.

| (7) | On Paris-New York, the Commission’s concerns are limited to the premium passenger market (encompassing services in all cabin and fare classes except services in restricted economy), whereas on the Amsterdam-New York and Rome-New York routes, the competition concerns relate to both the premium and non-premium markets. |
| --- | --- |

(7)

On Paris-New York, the Commission’s concerns are limited to the premium passenger market (encompassing services in all cabin and fare classes except services in restricted economy), whereas on the Amsterdam-New York and Rome-New York routes, the competition concerns relate to both the premium and non-premium markets.

3.   MAIN CONTENT OF THE OFFERED COMMITMENTS

| (8) | The Parties have offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003, to meet the Commission’s competition concerns. The Parties have emphasised that this should not be interpreted as an acknowledgement that they have infringed the EU competition rules or that the TAJV Agreement is incompatible with Article 101 TFEU. |
| --- | --- |

(8)

The Parties have offered commitments pursuant to Article 9 of Regulation (EC) No 1/2003, to meet the Commission’s competition concerns. The Parties have emphasised that this should not be interpreted as an acknowledgement that they have infringed the EU competition rules or that the TAJV Agreement is incompatible with Article 101 TFEU.

| (9) | The commitments are briefly described below and published in full in English on the website of the Directorate-General for Competition at:
  http://ec.europa.eu/competition/index_en.html |
| --- | --- |

(9)

The commitments are briefly described below and published in full in English on the website of the Directorate-General for Competition at:

http://ec.europa.eu/competition/index_en.html

| (10) | The Parties offer commitments on three routes, namely Amsterdam-New York, Rome-New York and Paris-New York (together referred to as ‘the Identified City Pairs’). |
| --- | --- |

(10)

The Parties offer commitments on three routes, namely Amsterdam-New York, Rome-New York and Paris-New York (together referred to as ‘the Identified City Pairs’).

| (11) | They offer:






  (a) | to make arrival and departure slot pairs available at Amsterdam airport and/or New York JFK/Newark Liberty airports, as well as at Rome airport and/or New York JFK/Newark Liberty airports — at the prospective entrant’s choice — to allow one or more prospective entrant(s) to operate or increase up to seven (7) new or additional frequencies weekly on each of Amsterdam-New York and Rome-New York.
  The offer is subject to certain conditions, including: (a) that the prospective entrant has exhausted all reasonable efforts to obtain the necessary slots through the general slot allocation process; and (b) that with regard to the New York end, the combined aggregate holding of slots held at New York JFK/Newark Liberty airports by: (i) the prospective entrant; (ii) its regional affiliates; and (iii) any other carriers with which it has a transatlantic joint venture which has been granted antitrust immunity by the DOT and those carriers’ regional affiliates, is not greater than 200 daily slots; |
| --- | --- | --- |

(11)

They offer:

(a)

to make arrival and departure slot pairs available at Amsterdam airport and/or New York JFK/Newark Liberty airports, as well as at Rome airport and/or New York JFK/Newark Liberty airports — at the prospective entrant’s choice — to allow one or more prospective entrant(s) to operate or increase up to seven (7) new or additional frequencies weekly on each of Amsterdam-New York and Rome-New York.

The offer is subject to certain conditions, including: (a) that the prospective entrant has exhausted all reasonable efforts to obtain the necessary slots through the general slot allocation process; and (b) that with regard to the New York end, the combined aggregate holding of slots held at New York JFK/Newark Liberty airports by: (i) the prospective entrant; (ii) its regional affiliates; and (iii) any other carriers with which it has a transatlantic joint venture which has been granted antitrust immunity by the DOT and those carriers’ regional affiliates, is not greater than 200 daily slots;

| (b) | to enter into fare combinability agreements, as follows:






  i. | with an eligible non-stop air services provider which, after the date when the commitments take effect, has started to operate a new or increased competitive air service on an Identified City Pair; and |
| --- | --- | --- |

(b)

to enter into fare combinability agreements, as follows:

i.

with an eligible non-stop air services provider which, after the date when the commitments take effect, has started to operate a new or increased competitive air service on an Identified City Pair; and

| ii. | with an eligible non-stop air services provider which already operates a competitive air service on Paris-New York, |
| --- | --- |

ii.

with an eligible non-stop air services provider which already operates a competitive air service on Paris-New York,

provided in each case that the eligible non-stop air services provider or its alliance partners do not operate a hub at both ends of the Identified City Pair.

Such fare combinability agreements shall be available for all classes of passengers, except on Paris-New York, where they shall cover premium passengers only (as defined in paragraph (7) above);

| (c) | to enter into special prorate agreements for traffic with a true origin and a true destination in Europe or North America/the Caribbean/Central America, as follows:






  i. | with a new non-stop air services provider which, after the date when the commitments take effect, has started to operate a new or increased competitive air service on an Identified City Pair, irrespective of whether the competitive air service is commenced on the basis of slots obtained from the Parties under the proposed commitments; and |
| --- | --- | --- |

(c)

to enter into special prorate agreements for traffic with a true origin and a true destination in Europe or North America/the Caribbean/Central America, as follows:

i.

with a new non-stop air services provider which, after the date when the commitments take effect, has started to operate a new or increased competitive air service on an Identified City Pair, irrespective of whether the competitive air service is commenced on the basis of slots obtained from the Parties under the proposed commitments; and

| ii. | with an eligible non-stop air services provider which already operates a competitive air service on Paris-New York. |
| --- | --- |

ii.

with an eligible non-stop air services provider which already operates a competitive air service on Paris-New York.

Such special prorate agreements shall be available for all classes of passengers, except for Paris-New York, where they shall cover premium passengers only (as defined in paragraph (7) above). The Parties shall not be obliged to enter into a special prorate agreement on any of the Identified City Pairs with any requesting air services provider which, alone or in combination with its alliance partners, operates a hub at both ends of the Identified City Pair;

| (d) | to open their frequent flyer programmes to any New Non-stop Air Service Provider which, after the date when the commitments take effect, commences or increases a service on an Identified City Pair, provided such new non-stop air service provider does not have a comparable programme of its own and does not already participate in any of the Parties’ frequent flyer programmes. |
| --- | --- |

(d)

to open their frequent flyer programmes to any New Non-stop Air Service Provider which, after the date when the commitments take effect, commences or increases a service on an Identified City Pair, provided such new non-stop air service provider does not have a comparable programme of its own and does not already participate in any of the Parties’ frequent flyer programmes.

| (12) | The Parties offer to give responsibility to a trustee to monitor the application of the commitments. In case of disagreement between a new entrant and the Parties on the commitments, the Parties offer a dispute resolution process, under which an arbitral tribunal will ultimately decide on the matter. |
| --- | --- |

(12)

The Parties offer to give responsibility to a trustee to monitor the application of the commitments. In case of disagreement between a new entrant and the Parties on the commitments, the Parties offer a dispute resolution process, under which an arbitral tribunal will ultimately decide on the matter.

4.   INVITATION TO MAKE COMMENTS

| (13) | Subject to market testing, the Commission intends to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring binding the commitments summarised above and published on the internet, on the website of the Directorate-General for Competition. |
| --- | --- |

(13)

Subject to market testing, the Commission intends to adopt a decision under Article 9(1) of Regulation (EC) No 1/2003 declaring binding the commitments summarised above and published on the internet, on the website of the Directorate-General for Competition.

| (14) | In accordance with Article 27(4) of Regulation (EC) No 1/2003, the Commission invites interested third parties to submit their observations on the proposed commitments. These observations must reach the Commission not later than one month following the date of this publication. Interested third parties are also asked to submit a non-confidential version of their comments, in which any information they claim to be business secrets and other confidential information should be deleted and replaced as required by a non-confidential summary or by the words ‘business secrets’ or ‘confidential’. |
| --- | --- |

(14)

In accordance with Article 27(4) of Regulation (EC) No 1/2003, the Commission invites interested third parties to submit their observations on the proposed commitments. These observations must reach the Commission not later than one month following the date of this publication. Interested third parties are also asked to submit a non-confidential version of their comments, in which any information they claim to be business secrets and other confidential information should be deleted and replaced as required by a non-confidential summary or by the words ‘business secrets’ or ‘confidential’.

| (15) | Answers and comments should preferably be reasoned and should set out the relevant facts. If you identify a problem with any part of the proposed commitments, the Commission would also invite you to suggest a possible solution. |
| --- | --- |

(15)

Answers and comments should preferably be reasoned and should set out the relevant facts. If you identify a problem with any part of the proposed commitments, the Commission would also invite you to suggest a possible solution.

| (16) | Observations can be sent to the Commission under reference number case COMP/39964 — Air France-KLM/Alitalia/Delta either by e-mail (COMP-GREFFE-ANTITRUST@ec.europa.eu), by fax (+32 22950128) or by post, to the following address:





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

(16)

Observations can be sent to the Commission under reference number case COMP/39964 — Air France-KLM/Alitalia/Delta either by e-mail (COMP-GREFFE-ANTITRUST@ec.europa.eu), by fax (+32 22950128) or by post, to the following address:

European Commission

Directorate-General for Competition

Antitrust Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

---

(1)  OJ L 1, 4.1.2003, p. 1. With effect from 1 December 2009, Articles 81 and 82 of the EC Treaty have become Articles 101 and, respectively, 102 of the Treaty on the Functioning of the European Union (‘TFEU’). The two sets of provisions are in substance identical. For the purposes of this notice, references to Articles 101 and 102 of the TFEU should be understood as references to Articles 81 and 82 of the EC Treaty when applicable.

(2)  In 2008, Delta merged with Northwest Airlines (see Commission Decision in case COMP/M.5181 Delta Air Lines/Northwest Airlines). As of February 2010, after the full integration of Northwest into Delta, the separate Northwest brand and flight numbers ceased to exist. http://news.delta.com/index.php?s=43&item=911

(3)  In this communication, Air France, Delta, KLM and Alitalia are together referred to as ‘the Parties’.

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