# Official Journal C 320/2023

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 320 |
| | |
| English edition | Information and Notices | Volume 6611 September 2023 |

ISSN 1977-091X

Official Journal

of the European Union

C 320

English edition

Information and Notices

Volume 6611 September 2023

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2023/C 320/01 | Initiation of proceedings (Case M.10806 – BROADCOM / VMWARE) (
  1
  ) | 1 |
| 2023/C 320/02 | Non-opposition to a notified concentration (Case M.11139 – EMERSON / NI) (
  1
  ) | 2 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2023/C 320/01

Initiation of proceedings (Case M.10806 – BROADCOM / VMWARE) (
  1
  )

1

1

2023/C 320/02

Non-opposition to a notified concentration (Case M.11139 – EMERSON / NI) (
  1
  )

1

2

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| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | Council |
| 2023/C 320/03 | Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision (CFSP) 2020/1999, as amended by Council Decision (CFSP) 2023/1716 and in Council Regulation (EU) 2020/1998, as implemented by Council Implementing Regulation (EU) 2023/1715 concerning restrictive measures against serious human rights violations and abuses | 3 |
| 2023/C 320/04 | Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision (CFSP) 2020/1999 and Council Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses apply | 4 |
| | European Commission |
| 2023/C 320/05 | Euro exchange rates – 8 September 2023 | 6 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

2023/C 320/03

Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision (CFSP) 2020/1999, as amended by Council Decision (CFSP) 2023/1716 and in Council Regulation (EU) 2020/1998, as implemented by Council Implementing Regulation (EU) 2023/1715 concerning restrictive measures against serious human rights violations and abuses

3

2023/C 320/04

Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision (CFSP) 2020/1999 and Council Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses apply

4

European Commission

2023/C 320/05

Euro exchange rates – 8 September 2023

6

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| | V   Announcements |
| --- | --- |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2023/C 320/06 | Prior notification of a concentration (Case M.11196 – CVC / WORXINVEST / SD WORX) – Candidate case for simplified procedure (
  1
  ) | 7 |
| 2023/C 320/07 | Prior notification of a concentration (Case M.11260 - APAX PARTNERS / FREMMAN PARTNERS / CHACRIM DIRECTORSHIP) – Candidate case for simplified procedure (
  1
  ) | 9 |

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2023/C 320/06

Prior notification of a concentration (Case M.11196 – CVC / WORXINVEST / SD WORX) – Candidate case for simplified procedure (
  1
  )

1

7

2023/C 320/07

Prior notification of a concentration (Case M.11260 - APAX PARTNERS / FREMMAN PARTNERS / CHACRIM DIRECTORSHIP) – Candidate case for simplified procedure (
  1
  )

1

9

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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

| 11.9.2023 | EN | Official Journal of the European Union | C 320/1 |
| --- | --- | --- | --- |

11.9.2023

EN

Official Journal of the European Union

C 320/1

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Initiation of proceedings

(Case M.10806 – BROADCOM / VMWARE)

(Text with EEA relevance)

(2023/C 320/01)

On 20 December 2022, the Commission decided to initiate proceedings in the above-mentioned case after finding that the notified concentration raises serious doubts as to its compatibility with the internal market. The initiation of proceedings opens a second phase investigation with regard to the notified concentration, and is without prejudice to the final decision on the case. The decision is based on Article 6(1)(c) of Council Regulation (EC) No 139/2004 (1).

1

The Commission invites interested third parties to submit their observations on the proposed concentration to the Commission.

In order to be fully taken into account in the procedure, observations should reach the Commission not later than 15 days following the date of this publication. Observations can be sent to the Commission by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference M.10806 – BROADCOM / VMWARE, to the following address:

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

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

---

| 11.9.2023 | EN | Official Journal of the European Union | C 320/2 |
| --- | --- | --- | --- |

11.9.2023

EN

Official Journal of the European Union

C 320/2

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Non-opposition to a notified concentration

(Case M.11139 – EMERSON / NI)

(Text with EEA relevance)

(2023/C 320/02)

On 31 August 2023, 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:

1

| — | in the merger section of the ‘Competition policy’ website of the Commission (https://competition-cases.ec.europa.eu/search). 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 policy’ website of the Commission (https://competition-cases.ec.europa.eu/search). 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 32023M11139. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32023M11139. EUR-Lex is the online point of access to European Union law.

---

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

1

---

IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

Council

| 11.9.2023 | EN | Official Journal of the European Union | C 320/3 |
| --- | --- | --- | --- |

11.9.2023

EN

Official Journal of the European Union

C 320/3

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Notice for the attention of the persons subject to the restrictive measures provided for in Council Decision (CFSP) 2020/1999, as amended by Council Decision (CFSP) 2023/1716 and in Council Regulation (EU) 2020/1998, as implemented by Council Implementing Regulation (EU) 2023/1715 concerning restrictive measures against serious human rights violations and abuses

(2023/C 320/03)

The following information is brought to the attention of the persons that appear in the Annex to Council Decision (CFSP) 2020/1999 (1), as amended by Council Decision (CFSP) 2023/1716 (2), and in Annex I to Council Regulation (EU) 2020/1998 (3) as implemented by Council Implementing Regulation (EU) 2023/1715 (4), concerning restrictive measures against serious human rights violations and abuses.

1

2

3

4

The Council of the European Union has decided that those persons should be included on the list of natural and legal persons, entities, and bodies subject to restrictive measures provided for in Decision (CFSP) 2020/1999 and Regulation (EU) 2020/1998. The grounds for designations of those persons appear in the relevant entries in those Annexes.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated in the websites in Annex II to Regulation (EU) 2020/1998, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 4 of the Regulation).

The persons and entities concerned may submit a request to the Council before 25 September 2023, together with supporting documentation that the decision to include them on the above-mentioned list should be reconsidered, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| RELEX.1 |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

RELEX.1

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

Any observations received will be taken into account for the purpose of the Council's periodic review, pursuant to Article 10 of Decision (CFSP) 2020/1999.

---

(1)  
  OJ L 410 I, 7.12.2020, p. 13.

1

(2)  
  OJ L 221 I, 8.9.2023, p. 6.

2

(3)  
  OJ L 410 I, 7.12.2020, p. 1.

3

(4)  
  OJ L 221 I, 8.9.2023, p. 1.

4

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| 11.9.2023 | EN | Official Journal of the European Union | C 320/4 |
| --- | --- | --- | --- |

11.9.2023

EN

Official Journal of the European Union

C 320/4

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Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Decision (CFSP) 2020/1999 and Council Regulation (EU) 2020/1998 concerning restrictive measures against serious human rights violations and abuses apply

(2023/C 320/04)

The attention of data subjects is drawn to the following information in accordance with Article 16 of Regulation (EU) 2018/1725 of the European Parliament and of the Council (1).

1

The legal bases for this processing operation are Council Decision (CFSP) 2020/1999 (2), as amended by Council Decision (CFSP) 2023/1716 (3), and Council Regulation (EU) 2020/1998 (4), as implemented by Council Implementing Regulation (EU) 2023/1715 (5).

2

3

4

5

The controller of this processing operation is the Council of the European Union represented by the Director-General of Directorate-General for External Relations (RELEX) of the General Secretariat of the Council and the department entrusted with the processing operation is RELEX.1 that can be contacted at:

| Council of the European Union General Secretariat |
| --- |
| RELEX.1 |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Email: sanctions@consilium.europa.eu |

Council of the European Union General Secretariat

RELEX.1

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

The Data Protection Officer of the Council can be contacted at:

Data Protection Officer

data.protection@consilium.europa.eu

The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Decision (CFSP) 2020/1999, as amended by Decision (CFSP) 2023/1716, and Regulation (EU) 2020/1998 as implemented by Implementing Regulation (EU) 2023/1715, concerning restrictive measures against serious human rights violations and abuses.

The data subjects are the natural persons who fulfil the listing criteria as laid down in Council Decision (CFSP) 2020/1999 and Regulation (EU) 2020/1998.

The personal data collected includes data necessary for the correct identification of the person concerned, the statement of reasons and any other data related to the grounds for listing.

The legal bases for the handling of personal data are the Council Decisions adopted under Article 29 TEU and Council Regulations adopted under Article 215 TFEU designating natural persons (data subjects) and imposing the freezing of assets and travel restrictions.

Processing is necessary for the performance of a task carried out in the public interest in accordance with Article 5(1)(a) and for compliance with legal obligations laid down in above-mentioned legal acts to which the controller is subject in accordance with Article 5(1)(b) of Regulation (EU) 2018/1725.

Processing is necessary for reasons of substantial public interest in accordance with Article 10(2)(g) of Regulation (EU) 2018/1725.

The Council may obtain personal data of data subjects from Member States and/or the European External Action Service. The recipients of the personal data are Member States, the European Commission and the European External Action Service.

All personal data processed by the Council in the context of EU autonomous restrictive measures will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired or, if a legal action is brought before the Court of Justice, until a final judgment has been handed down. Personal data contained in documents registered by the Council are kept by the Council for archiving purposes in the public interest, within the meaning of Art. 4(1)(e) of Regulation (EU) 2018/1725.

The Council may need to exchange personal data regarding a data subject with a third country or international organisation in the context of the Council’s transposition of UN designations or in the context of international cooperation regarding the EU’s restrictive measures policy.

In the absence of an adequacy decision, or of appropriate safeguards, transfer of personal data to a third country or an international organisation is based on the following condition(s), pursuant to Article 50 of Regulation (EU) 2018/1725:

| — | the transfer is necessary for important reasons of public interest; |
| --- | --- |

—

the transfer is necessary for important reasons of public interest;

| — | the transfer is necessary for the establishment, exercise or defence of legal claims. |
| --- | --- |

—

the transfer is necessary for the establishment, exercise or defence of legal claims.

No automated decision-making is involved in the processing of the data subject's personal data.

Data subjects have the right of information and the right of access to their personal data. They also have the right to correct and complete their data. Under certain circumstances, they may have the right to obtain the erasure of their personal data, or the right to object to the processing of their personal data or to ask for it to be restricted.

Data subjects can exercise these rights by sending an e-mail to the controller with a copy to the Data Protection Officer as indicated above.

Attached to their request, the data subjects must provide a copy of an identification document to confirm their identity (ID card or passport). This document should contain an identification number, country of issue, period of validity, name, address and date of birth. Any other data contained in the copy of the identification document such as photo or any personal characteristics may be blacked out.

Data subjects have the right to lodge a complaint with the European Data Protection Supervisor in accordance with Regulation (EU) 2018/1725 (edps@edps.europa.eu).

Before doing so, it is recommended that data subjects first try to obtain a remedy by contacting the controller and/or the Data Protection Officer of the Council.

---

(1)  
  OJ L 295, 21.11.2018, p. 39.

1

(2)  
  OJ L 410 I, 7.12.2020, p. 13.

2

(3)  
  OJ L 221 I, 8.9.2023, p. 6.

3

(4)  
  OJ L 410 I, 7.12.2020, p. 1.

4

(5)  
  OJ L 221 I, 8.9.2023, p. 1.

5

---

European Commission

| 11.9.2023 | EN | Official Journal of the European Union | C 320/6 |
| --- | --- | --- | --- |

11.9.2023

EN

Official Journal of the European Union

C 320/6

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Euro exchange rates (1)

8 September 2023

(2023/C 320/05)

1 euro =

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,0704 |
| JPY | Japanese yen | 157,84 |
| DKK | Danish krone | 7,4591 |
| GBP | Pound sterling | 0,85735 |
| SEK | Swedish krona | 11,9040 |
| CHF | Swiss franc | 0,9543 |
| ISK | Iceland króna | 143,30 |
| NOK | Norwegian krone | 11,4220 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 24,452 |
| HUF | Hungarian forint | 385,70 |
| PLN | Polish zloty | 4,6213 |
| RON | Romanian leu | 4,9630 |
| TRY | Turkish lira | 28,7390 |
| AUD | Australian dollar | 1,6743 |
| CAD | Canadian dollar | 1,4623 |
| HKD | Hong Kong dollar | 8,3915 |
| NZD | New Zealand dollar | 1,8127 |
| SGD | Singapore dollar | 1,4605 |
| KRW | South Korean won | 1 428,51 |
| ZAR | South African rand | 20,4370 |
| CNY | Chinese yuan renminbi | 7,8565 |
| IDR | Indonesian rupiah | 16 438,40 |
| MYR | Malaysian ringgit | 5,0057 |
| PHP | Philippine peso | 60,660 |
| RUB | Russian rouble | |
| THB | Thai baht | 38,042 |
| BRL | Brazilian real | 5,3238 |
| MXN | Mexican peso | 18,7019 |
| INR | Indian rupee | 88,8610 |

Currency

Exchange rate

USD

US dollar

1,0704

JPY

Japanese yen

157,84

DKK

Danish krone

7,4591

GBP

Pound sterling

0,85735

SEK

Swedish krona

11,9040

CHF

Swiss franc

0,9543

ISK

Iceland króna

143,30

NOK

Norwegian krone

11,4220

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

24,452

HUF

Hungarian forint

385,70

PLN

Polish zloty

4,6213

RON

Romanian leu

4,9630

TRY

Turkish lira

28,7390

AUD

Australian dollar

1,6743

CAD

Canadian dollar

1,4623

HKD

Hong Kong dollar

8,3915

NZD

New Zealand dollar

1,8127

SGD

Singapore dollar

1,4605

KRW

South Korean won

1 428,51

ZAR

South African rand

20,4370

CNY

Chinese yuan renminbi

7,8565

IDR

Indonesian rupiah

16 438,40

MYR

Malaysian ringgit

5,0057

PHP

Philippine peso

60,660

RUB

Russian rouble

THB

Thai baht

38,042

BRL

Brazilian real

5,3238

MXN

Mexican peso

18,7019

INR

Indian rupee

88,8610

---

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

1

Source

---

V Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

| 11.9.2023 | EN | Official Journal of the European Union | C 320/7 |
| --- | --- | --- | --- |

11.9.2023

EN

Official Journal of the European Union

C 320/7

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Prior notification of a concentration

(Case M.11196 – CVC / WORXINVEST / SD WORX)

Candidate case for simplified procedure

(Text with EEA relevance)

(2023/C 320/06)

1.

This notification concerns the following undertakings:

| — | CVC Capital Partners SICAV-FIS S.A. (‘CVC’, Luxembourg), |
| --- | --- |

—

CVC Capital Partners SICAV-FIS S.A. (‘CVC’, Luxembourg),

| — | WorxInvest (Belgium), |
| --- | --- |

—

WorxInvest (Belgium),

| — | SD Worx NV (‘SD Worx’, Belgium), wholly owned and controlled by WorxInvest. |
| --- | --- |

—

SD Worx NV (‘SD Worx’, Belgium), wholly owned and controlled by WorxInvest.

CVC and WorxInvest will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of SD Worx.

The concentration is accomplished by way of purchase of shares.

The same concentration was already notified to the Commission on 21 August 2023, but the notification was subsequently withdrawn on 31 August 2023.

2.

| — | CVC: the provision of advice to and management of investment funds with interests in a number of companies active in a variety of industries around the world, primarily in Europe, the US and the Asia-Pacific Region. |
| --- | --- |

—

CVC: the provision of advice to and management of investment funds with interests in a number of companies active in a variety of industries around the world, primarily in Europe, the US and the Asia-Pacific Region.

| — | WorxInvest: investing in private equity funds and small- and medium-sized companies, money market instruments and real estate. |
| --- | --- |

—

WorxInvest: investing in private equity funds and small- and medium-sized companies, money market instruments and real estate.

| — | SD Worx: the provision of human resources and payroll solutions and services. |
| --- | --- |

—

SD Worx: the provision of human resources and payroll solutions and services.

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under 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.11196 – CVC / WORXINVEST / SD WORX

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

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

Postal address:

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

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 160, 5.5.2023, p. 1.

2

---

| 11.9.2023 | EN | Official Journal of the European Union | C 320/9 |
| --- | --- | --- | --- |

11.9.2023

EN

Official Journal of the European Union

C 320/9

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Prior notification of a concentration

(Case M.11260 - APAX PARTNERS / FREMMAN PARTNERS / CHACRIM DIRECTORSHIP)

Candidate case for simplified procedure

(Text with EEA relevance)

(2023/C 320/07)

1.

This notification concerns the following undertakings:

| — | Apax Partners LLP (‘AP’, UK), |
| --- | --- |

—

Apax Partners LLP (‘AP’, UK),

| — | Fremman Partners Limited (‘Fremman’, UK), |
| --- | --- |

—

Fremman Partners Limited (‘Fremman’, UK),

| — | Chacrim Directorship, S.L. (the ‘Target’, Spain) controlled by Fremman. |
| --- | --- |

—

Chacrim Directorship, S.L. (the ‘Target’, Spain) controlled by Fremman.

AP and Fremman will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the Target.

The concentration is accomplished by way of purchase of shares.

2.

| — | AP is a limited liability partnership and the parent of a number of entities which provide investment advisory services to private equity funds investing in a range of industry sectors, |
| --- | --- |

—

AP is a limited liability partnership and the parent of a number of entities which provide investment advisory services to private equity funds investing in a range of industry sectors,

| — | Fremman is a private equity firm active in the investment and management of companies in multiple sectors, |
| --- | --- |

—

Fremman is a private equity firm active in the investment and management of companies in multiple sectors,

| — | The Target controls a group of companies active in the distribution of medical supplies and devices mainly in Spain (Palex Group), Italy (Gada Group) and Portugal (LusoPalex). |
| --- | --- |

—

The Target controls a group of companies active in the distribution of medical supplies and devices mainly in Spain (Palex Group), Italy (Gada Group) and Portugal (LusoPalex).

3.

Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under 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.11260 - APAX PARTNERS / FREMMAN PARTNERS / CHACRIM DIRECTORSHIP

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

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

Postal address:

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

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

---