# Official Journal C 70/2019

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 70 |
| | |
| English edition | Information and Notices | Volume 6225 February 2019 |

ISSN 1977-091X

Official Journal

of the European Union

C 70

English edition

Information and Notices

Volume 6225 February 2019

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2019/C 70/01 | Communication from the Commission — Modification of the calculation method for lump sum payments and daily penalty payments proposed by the Commission in infringements proceedings before the Court of Justice of the European Union | 1 |
| 2019/C 70/02 | Non-opposition to a notified concentration (Case M.9005 — Booking Holdings/HotelsCombined) (
  1
  ) | 8 |
| 2019/C 70/03 | Non-opposition to a notified concentration (Case M.9169 — Caisse des dépôts et consignations/Swiss Life/JV) (
  1
  ) | 8 |
| 2019/C 70/04 | Non-opposition to a notified concentration (Case M.9224 — Brookfield Asset Management/Johnson Controls Power Solutions Business) (
  1
  ) | 9 |
| 2019/C 70/05 | Non-opposition to a notified concentration (Case M.9265 — Schwarz Gruppe/Nord-Westdeutsche Papierrohstoff/JV) (
  1
  ) | 9 |
| 2019/C 70/06 | Non-opposition to a notified concentration (Case M.9219 — Blackstone/Sretaw/Beauparc) (
  1
  ) | 10 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2019/C 70/01

Communication from the Commission — Modification of the calculation method for lump sum payments and daily penalty payments proposed by the Commission in infringements proceedings before the Court of Justice of the European Union

1

2019/C 70/02

Non-opposition to a notified concentration (Case M.9005 — Booking Holdings/HotelsCombined) (
  1
  )

1

8

2019/C 70/03

Non-opposition to a notified concentration (Case M.9169 — Caisse des dépôts et consignations/Swiss Life/JV) (
  1
  )

1

8

2019/C 70/04

Non-opposition to a notified concentration (Case M.9224 — Brookfield Asset Management/Johnson Controls Power Solutions Business) (
  1
  )

1

9

2019/C 70/05

Non-opposition to a notified concentration (Case M.9265 — Schwarz Gruppe/Nord-Westdeutsche Papierrohstoff/JV) (
  1
  )

1

9

2019/C 70/06

Non-opposition to a notified concentration (Case M.9219 — Blackstone/Sretaw/Beauparc) (
  1
  )

1

10

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2019/C 70/07 | Euro exchange rates | 11 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2019/C 70/07

Euro exchange rates

11

---

| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2019/C 70/08 | Prior notification of a concentration (Case M.9076 — Novelis/Aleris) (
  1
  ) | 12 |
| 2019/C 70/09 | Prior notification of a concentration (Case M.9303 — LetterOne/DIA) — Candidate case for simplified procedure (
  1
  ) | 13 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2019/C 70/08

Prior notification of a concentration (Case M.9076 — Novelis/Aleris) (
  1
  )

1

12

2019/C 70/09

Prior notification of a concentration (Case M.9303 — LetterOne/DIA) — Candidate case for simplified procedure (
  1
  )

1

13

---

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

---

(1)   Text with EEA relevance.

1

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

EN

---

II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 25.2.2019 | EN | Official Journal of the European Union | C 70/1 |
| --- | --- | --- | --- |

25.2.2019

EN

Official Journal of the European Union

C 70/1

---

COMMUNICATION FROM THE COMMISSION

Modification of the calculation method for lump sum payments and daily penalty payments proposed by the Commission in infringements proceedings before the Court of Justice of the European Union

(2019/C 70/01)

1.   Introduction

Under the Treaty on the Functioning of the European Union (TFEU), when the Commission refers a Member State to the Court of Justice of the European Union for having infringed EU law, the Court may impose financial sanctions in two situations:

| — | When the Court has ruled that a Member State infringing EU law has not yet complied with an earlier judgment finding that infringement (Article 260(2) TFEU); |
| --- | --- |

—

When the Court has ruled that a Member State infringing EU law has not yet complied with an earlier judgment finding that infringement (Article 260(2) TFEU);

| — | When a Member State has failed to fulfil its obligation to notify measures transposing a Directive adopted under a legislative procedure (Article 260(3) TFEU). |
| --- | --- |

—

When a Member State has failed to fulfil its obligation to notify measures transposing a Directive adopted under a legislative procedure (Article 260(3) TFEU).

In both cases, the sanction is made up of a lump sum payment, to penalise the existence of the infringement itself (1), and a daily penalty payment, to penalise the continuation of the infringement after the Court's judgment (2). The Commission proposes an amount for the financial sanctions to the Court, which takes the final decision.

The general approach of the Commission to calculating its proposed sanction is well-established. Since 1997 (3) and as set out in successive Communications (4), it has applied an approach which reflects both the capacity to pay of the Member State concerned, and its institutional weight. This is applied through what is known as the ‘n-factor’ (5). This combines with other factors — the seriousness of the infringement, and its duration — in the Commission's calculation of a proposed sanction. Until now, the n-factor has been calculated with reference to the gross domestic product (GDP) of a Member State, and the number of votes allocated to it in the Council (6).

However, the Court of Justice has recently established that the Council voting rules can no longer be used for this purpose (7). Consequently, it would rely on the Member States' GDP as predominant factor.

The Commission has always considered that sanctions need both to act as a deterrent, and to be proportionate, and the proposals it makes to the Court for its final decision should already reflect this need. The combination of a Member State's capacity to pay and its institutional weight provided this balance. Use of GDP alone would upset this equilibrium, as it would exclusively reflect the economic dimension of Member States. It would have very different impacts for different Member States and in particular suggest a substantial increase in the amounts of the proposed sanctions for more than a third of the Member States. The Commission therefore considers that the n-factor should continue to reflect both GDP and institutional weight. This Communication sets out the details of how to retain this balance whilst adjusting the Commission's method of calculation for its proposed financial sanctions.

2.   Revision of the n-factor

The Court of Justice ruled on numerous occasions that the method of calculation for the sanction proposal of the Commission was an appropriate means of reflecting the capacity to pay of the Member State concerned, while keeping the variation between Member States within a reasonable range (8).

However, in its judgment of 14 November 2018 (9), the Court of Justice noted that since 1 April 2017, the voting system in the Council laid down in the Treaty establishing the European Community (EC Treaty) had changed (10). It concluded that as a result, the n-factor could no longer take account of the votes of a Member State in the Council, and that it had to rely on the Member States' gross domestic product (GDP) as predominant factor.

Composition of the n-factor

The Commission considers that, in addition to Member States' capacity to pay, the n-factor should also take account of the Member States' institutional weight. This means that the method of calculating the n-factor should not be based on demographic or economic weight alone, but also on the consideration that each Member State has intrinsic value in the institutional set-up of the European Union.

Given the Court's judgment, a new reflection of institutional weight to be used in the calculation of financial sanctions is needed. In order to maintain the balance between the capacity to pay and the institutional weight of a Member State, the Commission will calculate the n-factor on the basis of two elements: GDP, and the number of seats for representatives in the European Parliament allocated to each Member State (11). The Commission considers that this is the most appropriate reflection of institutional weight of Member States available today in the EU Treaties.

Range in the n-factor between Member States

Another reason for maintaining the institutional weight of Member States in the calculation of the n-factor is that the exclusive use of GDP would considerably increase the range in the n-factor between Member States. The difference between the lowest and the highest n-factor today is 55 — this would increase to 312 with the exclusive use of GDP.

Taking into account the number of seats of a Member State in the European Parliament in the calculation of the n-factor would ensure that the variation between Member States could continue to be within a reasonable range.

The Commission further considers that the new method for calculating the n-factor should lead to amounts that do not create unjustified differences between the Member States and stay as close as possible to the amounts resulting from the current calculation method, which are both proportionate and sufficiently deterring. While the resulting amounts may be lower compared to the current situation, they come closer to the practice of the Court, which generally sets lower fines than those proposed by the Commission.

Reference value for the n-factor

Until now, the Commission has used the n-factor of Luxembourg as reference value. This dates back to a time when Luxembourg was the country with the lowest total GDP amongst the Member States. The Commission considers it appropriate to opt for a reference that better reflects today's economic and political reality. The Commission will therefore determine the reference n-factor by using the average of each of the two factors being used, GDP and the number of representatives in the European Parliament (12). Using averages also increases the stability of this reference value over time.

However, using these factors without adjustment leads to a reference value for the n-factor that is considerably lower than the current value. An adjustment is therefore needed to ensure that the amounts proposed by the Commission remain proportionate and sufficiently deterring. An adjustment factor of 4,5 would come close to current levels whilst ensuring that no Member State will see an increase. The respective standard flat-rate amounts used for calculating the daily penalty payments and the lump sum payments are consequently adjusted as follows:

| — | Standard flat-rate amount for daily penalty payments: EUR 690 × 4,5 = EUR 3 105; |
| --- | --- |

—

Standard flat-rate amount for daily penalty payments: EUR 690 × 4,5 = EUR 3 105;

| — | Standard flat-rate amount for lump sum payments: EUR 230 × 4,5 = EUR 1 035. |
| --- | --- |

—

Standard flat-rate amount for lump sum payments: EUR 230 × 4,5 = EUR 1 035.

Following the same logic, the current reference minimum lump sum amount of 571 000 EUR will also be multiplied by the new n-factor to calculate the minimum lump sum amount for each Member State. In order to ensure that the amounts proposed are proportionate and sufficiently deterring, that amount will also be multiplied by the adjustment factor: EUR 571 000 × 4,5 = EUR 2 569 500. These amounts will be revised annually, in line with inflation.

The resulting n-factor per Member State is set out in Annex I, and the resulting minimum lump sum in Annex II.

3.   Application

The Commission will apply the calculation method as outlined in this Communication to financial sanctions proposed to the Court of Justice from the date of its publication in the Official Journal. The Commission will review the calculation method as outlined in this Communication at the latest five years after the date of its adoption.

Once the withdrawal of the United Kingdom from the European Union becomes legally effective, and irrespective whether the Withdrawal Agreement (13) enters into force or not, the Commission will recalculate the relevant averages and will adjust the figures set out in Annex I and II accordingly.

---

(1)  SEC(2005) 1658, point 10.3.

(2)  SEC(2005) 1658, point 14.

(3)  Method of calculating the penalty payments provided for pursuant to Article 171 of the Treaty establishing the European Community (EC Treaty) (OJ C 63, 28.2.1997, p. 2).

(4)  See in particular the re-cast communication SEC(2005)1658, the Communication ‘Implementation of Article 260(3) of the Treaty’ (OJ C 12, 15.1.2011, p. 1) and the Communication ‘EU law: Better results through better application’ (OJ C 18, 19.1.2017, p. 10).

(5)  SEC(2005) 1658, point 14.

(6)  As it was laid down in the EC Treaty.

(7)  Judgment of 14 November 2018 in case C-93/17, Commission v Greece.

(8)  Case C-93/17, Commission v Greece, EU:C:2018:903, point 132.

(9)  Case C-93/17, Commission v Greece, EU:C:2018:903, points 138 and 142.

(10)  Replaced by the system of double majority as laid down in Article 16(4) TEU. Prior to the phasing out of the voting system in the Council laid down in the EC Treaty, each Member State had a fixed number of votes in the Council. Under the Lisbon Treaty, each Member State in the Council has one vote, with the qualified majority reached when 55 % of Member States vote in favour and those Member States represent 65 % of the EU population. This cannot be translated into a straightforward weighting and used in the same way as the previous system.

(11)  See, for the current parliamentary term, Article 3 of European Council Decision 2013/312/EU of 28 June 2013 establishing the composition of the European Parliament (OJ L 181, 29.6.2013, p. 57), and Article 3 of European Council Decision (EU) 2018/937 of 28 June 2018 for the next parliamentary term, starting on 2 July 2019.

(12)  The mean is calculated as follows: the n-factor is a geometric mean calculated by taking the square root of the product of the factors based on Member States' GDP and the number of seats in the European Parliament. It is obtained via the following formula: Formula

Where: GDP n = GDP of Member State concerned, in millions of euros; GDP avg = average GDP of EU28; Seat n = number of seats of the Member State concerned in the European Parliament; Seat avg = average number of seats in European Parliament of all Member States.

(13)  The Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, as annexed to the proposal for a Council Decision on the signing on behalf of the European Union and of the European Atomic Energy Community of that Agreement, COM(2018) 833 final.

---

ANNEX I

Special ‘n’-factor

| Belgium | 0,79 |
| --- | --- |
| Bulgaria | 0,24 |
| Czech Republic | 0,51 |
| Denmark | 0,50 |
| Germany | 4,60 |
| Estonia | 0,09 |
| Ireland | 0,46 |
| Greece | 0,51 |
| Spain | 2,06 |
| France | 3,40 |
| Croatia | 0,19 |
| Italy | 2,93 |
| Cyprus | 0,09 |
| Latvia | 0,12 |
| Lithuania | 0,17 |
| Luxembourg | 0,15 |
| Hungary | 0,41 |
| Malta | 0,07 |
| Netherlands | 1,13 |
| Austria | 0,67 |
| Poland | 1,23 |
| Portugal | 0,52 |
| Romania | 0,62 |
| Slovenia | 0,15 |
| Slovakia | 0,27 |
| Finland | 0,44 |
| Sweden | 0,81 |
| United Kingdom | 3,50 |

Belgium

0,79

Bulgaria

0,24

Czech Republic

0,51

Denmark

0,50

Germany

4,60

Estonia

0,09

Ireland

0,46

Greece

0,51

Spain

2,06

France

3,40

Croatia

0,19

Italy

2,93

Cyprus

0,09

Latvia

0,12

Lithuania

0,17

Luxembourg

0,15

Hungary

0,41

Malta

0,07

Netherlands

1,13

Austria

0,67

Poland

1,23

Portugal

0,52

Romania

0,62

Slovenia

0,15

Slovakia

0,27

Finland

0,44

Sweden

0,81

United Kingdom

3,50

---

ANNEX II

Minimum lump sum (EUR thousand)

| Belgium | 2 029 |
| --- | --- |
| Bulgaria | 616 |
| Czech Republic | 1 310 |
| Denmark | 1 284 |
| Germany | 11 812 |
| Estonia | 231 |
| Ireland | 1 181 |
| Greece | 1 310 |
| Spain | 5 290 |
| France | 8 731 |
| Croatia | 488 |
| Italy | 7 524 |
| Cyprus | 231 |
| Latvia | 308 |
| Lithuania | 437 |
| Luxembourg | 385 |
| Hungary | 1 053 |
| Malta | 180 |
| Netherlands | 2 902 |
| Austria | 1 720 |
| Poland | 3 158 |
| Portugal | 1 335 |
| Romania | 1 592 |
| Slovenia | 385 |
| Slovakia | 693 |
| Finland | 1 130 |
| Sweden | 2 080 |
| United Kingdom | 8 987 |

Belgium

2 029

Bulgaria

616

Czech Republic

1 310

Denmark

1 284

Germany

11 812

Estonia

231

Ireland

1 181

Greece

1 310

Spain

5 290

France

8 731

Croatia

488

Italy

7 524

Cyprus

231

Latvia

308

Lithuania

437

Luxembourg

385

Hungary

1 053

Malta

180

Netherlands

2 902

Austria

1 720

Poland

3 158

Portugal

1 335

Romania

1 592

Slovenia

385

Slovakia

693

Finland

1 130

Sweden

2 080

United Kingdom

8 987

---

| 25.2.2019 | EN | Official Journal of the European Union | C 70/8 |
| --- | --- | --- | --- |

25.2.2019

EN

Official Journal of the European Union

C 70/8

---

Non-opposition to a notified concentration

(Case M.9005 — Booking Holdings/HotelsCombined)

(Text with EEA relevance)

(2019/C 70/02)

On 23 October 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) 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 32018M9005. 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 32018M9005. EUR-Lex is the online access to European law.

---

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

---

| 25.2.2019 | EN | Official Journal of the European Union | C 70/8 |
| --- | --- | --- | --- |

25.2.2019

EN

Official Journal of the European Union

C 70/8

---

Non-opposition to a notified concentration

(Case M.9169 — Caisse des dépôts et consignations/Swiss Life/JV)

(Text with EEA relevance)

(2019/C 70/03)

On 12 February 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 French 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 32019M9169. 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 32019M9169. EUR-Lex is the online access to European law.

---

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

---

| 25.2.2019 | EN | Official Journal of the European Union | C 70/9 |
| --- | --- | --- | --- |

25.2.2019

EN

Official Journal of the European Union

C 70/9

---

Non-opposition to a notified concentration

(Case M.9224 — Brookfield Asset Management/Johnson Controls Power Solutions Business)

(Text with EEA relevance)

(2019/C 70/04)

On 14 February 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 32019M9224. 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 32019M9224. EUR-Lex is the online access to European law.

---

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

---

| 25.2.2019 | EN | Official Journal of the European Union | C 70/9 |
| --- | --- | --- | --- |

25.2.2019

EN

Official Journal of the European Union

C 70/9

---

Non-opposition to a notified concentration

(Case M.9265 — Schwarz Gruppe/Nord-Westdeutsche Papierrohstoff/JV)

(Text with EEA relevance)

(2019/C 70/05)

On 18 February 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 German 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 32019M9265. 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 32019M9265. EUR-Lex is the online access to European law.

---

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

---

| 25.2.2019 | EN | Official Journal of the European Union | C 70/10 |
| --- | --- | --- | --- |

25.2.2019

EN

Official Journal of the European Union

C 70/10

---

Non-opposition to a notified concentration

(Case M.9219 — Blackstone/Sretaw/Beauparc)

(Text with EEA relevance)

(2019/C 70/06)

On 18 February 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 32019M9219. 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 32019M9219. EUR-Lex is the on-line access to European law.

---

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

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 25.2.2019 | EN | Official Journal of the European Union | C 70/11 |
| --- | --- | --- | --- |

25.2.2019

EN

Official Journal of the European Union

C 70/11

---

Euro exchange rates (1)

22 February 2019

(2019/C 70/07)

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,1325 |
| JPY | Japanese yen | 125,56 |
| DKK | Danish krone | 7,4620 |
| GBP | Pound sterling | 0,87263 |
| SEK | Swedish krona | 10,5998 |
| CHF | Swiss franc | 1,1346 |
| ISK | Iceland króna | 135,70 |
| NOK | Norwegian krone | 9,7643 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,667 |
| HUF | Hungarian forint | 318,03 |
| PLN | Polish zloty | 4,3370 |
| RON | Romanian leu | 4,7611 |
| TRY | Turkish lira | 6,0378 |
| AUD | Australian dollar | 1,5923 |
| CAD | Canadian dollar | 1,4976 |
| HKD | Hong Kong dollar | 8,8884 |
| NZD | New Zealand dollar | 1,6639 |
| SGD | Singapore dollar | 1,5324 |
| KRW | South Korean won | 1 273,20 |
| ZAR | South African rand | 15,8607 |
| CNY | Chinese yuan renminbi | 7,6109 |
| HRK | Croatian kuna | 7,4230 |
| IDR | Indonesian rupiah | 15 920,00 |
| MYR | Malaysian ringgit | 4,6174 |
| PHP | Philippine peso | 59,052 |
| RUB | Russian rouble | 74,1694 |
| THB | Thai baht | 35,493 |
| BRL | Brazilian real | 4,2392 |
| MXN | Mexican peso | 21,7810 |
| INR | Indian rupee | 80,5530 |

Currency

Exchange rate

USD

US dollar

1,1325

JPY

Japanese yen

125,56

DKK

Danish krone

7,4620

GBP

Pound sterling

0,87263

SEK

Swedish krona

10,5998

CHF

Swiss franc

1,1346

ISK

Iceland króna

135,70

NOK

Norwegian krone

9,7643

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,667

HUF

Hungarian forint

318,03

PLN

Polish zloty

4,3370

RON

Romanian leu

4,7611

TRY

Turkish lira

6,0378

AUD

Australian dollar

1,5923

CAD

Canadian dollar

1,4976

HKD

Hong Kong dollar

8,8884

NZD

New Zealand dollar

1,6639

SGD

Singapore dollar

1,5324

KRW

South Korean won

1 273,20

ZAR

South African rand

15,8607

CNY

Chinese yuan renminbi

7,6109

HRK

Croatian kuna

7,4230

IDR

Indonesian rupiah

15 920,00

MYR

Malaysian ringgit

4,6174

PHP

Philippine peso

59,052

RUB

Russian rouble

74,1694

THB

Thai baht

35,493

BRL

Brazilian real

4,2392

MXN

Mexican peso

21,7810

INR

Indian rupee

80,5530

---

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

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 25.2.2019 | EN | Official Journal of the European Union | C 70/12 |
| --- | --- | --- | --- |

25.2.2019

EN

Official Journal of the European Union

C 70/12

---

Prior notification of a concentration

(Case M.9076 — Novelis/Aleris)

(Text with EEA relevance)

(2019/C 70/08)

1.

This notification concerns the following undertakings:

| — | Novelis Inc. (USA, ‘Novelis’), a subsidiary of Hindalco Industries Limited (India), |
| --- | --- |

—

Novelis Inc. (USA, ‘Novelis’), a subsidiary of Hindalco Industries Limited (India),

| — | Aleris Corporation (USA, ‘Aleris’). |
| --- | --- |

—

Aleris Corporation (USA, ‘Aleris’).

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

The concentration is accomplished by way of purchase of shares.

2.

| — | Novelis is a global manufacturer of semi-finished aluminium products and recycler of aluminium, |
| --- | --- |

—

Novelis is a global manufacturer of semi-finished aluminium products and recycler of aluminium,

| — | Aleris is a global manufacturer of semi-finished aluminium products. |
| --- | --- |

—

Aleris is a global manufacturer of semi-finished aluminium products.

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.9076 — Novelis/Aleris

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 |

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

---

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

1

---

| 25.2.2019 | EN | Official Journal of the European Union | C 70/13 |
| --- | --- | --- | --- |

25.2.2019

EN

Official Journal of the European Union

C 70/13

---

Prior notification of a concentration

(Case M.9303 — LetterOne/DIA)

Candidate case for simplified procedure

(Text with EEA relevance)

(2019/C 70/09)

1.

This notification concerns the following undertakings:

| — | L1R Invest1 Holdings S.à r.l. (‘L1R Invest1’) (Luxembourg), controlled by LetterOne Investment Holdings S.A. (Luxembourg), |
| --- | --- |

—

L1R Invest1 Holdings S.à r.l. (‘L1R Invest1’) (Luxembourg), controlled by LetterOne Investment Holdings S.A. (Luxembourg),

| — | Distribuidora Internacional de Alimentación, S.A. (‘DIA’) (Spain). |
| --- | --- |

—

Distribuidora Internacional de Alimentación, S.A. (‘DIA’) (Spain).

L1R Invest1 acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of DIA.

The concentration is accomplished by way of purchase of shares.

2.

—   for LetterOne Investment Holdings S.A.: a privately-owned Luxembourg-based investment holding company targeting investments in the telecoms and technology, healthcare and retail, and energy sectors,

—   for DIA: an international food retailer and distributor of fast-moving and home and personal care goods.

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.9303 — LetterOne/DIA

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 +32 229-64301 |
| Postal address: |
| European Commission |
| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

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

Fax +32 229-64301

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

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

2

---