do-me/EUR-LEX huggingface dataset:
Case T-296/11: Action brought on 8 June 2011 — Cementos Portland Valderrivas v Commission
Date: 2011-06-08
Institutions: General Court
Subjects: European Commission, access to information, cement, competition law, disclosure of information, tax inspection








C_2011238EN.01002602.xml










13.8.2011   


EN


Official Journal of the European Union


C 238/26





Action brought on 8 June 2011 — Cementos Portland Valderrivas v Commission
(Case T-296/11)
2011/C 238/46
Language of the case: Spanish

Parties


Applicant: Cementos Portland Valderrivas, SA (Pamplona, Spain) (represented by: L. Ortiz Blanco, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


declare the action admissible;










—


annul the Commission's decision of 30 March 2011;










—


order the Commission to pay the costs.





Pleas in law and main arguments

The action has been brought against the Commission's decision of 30 March 2011 in proceedings pursuant to Article 18(3) of Council Regulation (EC) No 1/2003, adopted in relation to Case COMP/39.520 — Cement and related products.
In support of its action, the applicant relies on a single plea of nullity, alleging an infringement of Article 18 of Regulation No 1/2003 and the principle of proportionality.






—


First, the applicant submits that the information requested in the contested decision bears no relation to the infringement under investigation and, as such, cannot assist the Commission in its task of verifying any evidence which justifies the investigation in relation to Valderrivas. Consequently, the applicant claims that the requirement of necessity to which requests for information are subject by way of Article 18 of Regulation No 1/2003 is not satisfied. Moreover, the applicant submits that the fact that the decision does not contain any references to such evidence cannot prevent the General Court from carrying out its task of reviewing the requirement of necessity.










—


Second, the applicant alleges that the contested decision infringes the principle of proportionality in that it imposes on it a disproportionate burden in relation to the requirements of the investigation. The disproportionate nature of the decision is reflected in the excessive scope of the information requested, the high level of detail required, the requirement to process and submit the requested information in the stated formats and within the time limit set out to that effect.
Prior notification of a concentration (Case COMP/M.6222 — GE Energy/Converteam)  Text with EEA relevance
Date: 2011-06-08
Institutions: European Commission
Subjects: economic concentration, electricity supply, energy industry, exchange of information, merger control, miscellaneous industries








C_2011168EN.01001701.xml










8.6.2011   


EN


Official Journal of the European Union


C 168/17





Prior notification of a concentration
(Case COMP/M.6222 — GE Energy/Converteam)
(Text with EEA relevance)
(2011/C 168/08)






1.


On 31 May 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which General Electric Company (‘GE’, United States), via GE Energy, acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over Converteam Group SAS (‘Converteam’, France) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for GE: Global diversified manufacturing, technology and services company including business units such as GE Energy, GE Healthcare, GE Aviation, GE Transportation, GE Capital and GE Home & Business Solutions,










—


for GE Energy: GE Energy comprises GE Power & Water, GE Energy Services and GE Oil & Gas. GE Energy supplies power generation and energy delivery technologies in a number of areas in the energy industry including coal, oil, natural gas and nuclear energy, as well as with renewable resources such as water, wind, solar and alternative fuels,










—


for Converteam: power conversion providing engineering solutions to convert electrical energy into mechanical energy and vice versa. Converteam is active in the following segments where power conversion may be required: power generation, renewables, oil & gas/offshore, industry, marine, services.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope the EC 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6222 — GE Energy/Converteam, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










(1)  OJ L 24, 29.1.2004, p. 1 (the ‘EC Merger Regulation’).
Prior notification of a concentration (Case COMP/M.6260 — Reggeborgh/North Sea Group) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2011-06-08
Institutions: European Commission
Subjects: building industry, economic concentration, exchange of information, merger control, petroleum product








C_2011168EN.01001401.xml










8.6.2011   


EN


Official Journal of the European Union


C 168/14





Prior notification of a concentration
(Case COMP/M.6260 — Reggeborgh/North Sea Group)
Candidate case for simplified procedure
(Text with EEA relevance)
(2011/C 168/05)






1.


On 30 May 2011, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Reggeborgh Invest BV (‘Reggeborgh’, the Netherlands) acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control over North Sea Group Beheer BV (‘North Sea Group’, the Netherlands) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Reggeborgh: construction industry, especially in contracting and project development as well as property development,










—


for North Sea Group: trade in and the supply of petroleum products for land and waterbound use, especially: bunkering of marine fuels, trade in marine fuels, waterbound transport of petroleum products, the storage of petroleum products, the storage of petroleum products and the non,-retail sales of petroleum products, and trading of bulk petroleum products and derivatives.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the 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 email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6260 — Reggeborgh/North Sea Group, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




J-70




1049 Bruxelles/Brussel




BELGIQUE/BELGIË










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

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).