do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.6501 — Scholz Austria/Asamer Familienholding/RPE Recyclingpark Eisenerz) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-04-03
Institutions: European Commission
Subjects: economic concentration, merger control, waste recycling








C_2012099EN.01001101.xml










3.4.2012   


EN


Official Journal of the European Union


C 99/11





Prior notification of a concentration
(Case COMP/M.6501 — Scholz Austria/Asamer Familienholding/RPE Recyclingpark Eisenerz)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 99/06






1.


On 26 March 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Scholz Austria GmbH (‘Scholz Austria’, Austria), ultimately controlled by Scholz AG and Voestalpine AG, and Asamer Familienholding GmbH (‘Asamer’, Austria) indirectly acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking RPE Recyclingpark Eisenerz (‘RPE’, Austria) by way of purchase of shares. RPE is currently solely controlled by Asamer.










2.


The business activities of the undertakings concerned are:






—


for Scholz Austria: active in recycling and trading of recyclable products such as steel, metal scrap, industrial waste and other materials,










—


for Asamer: active in gravel, rocks, concrete, cement, recycling, innovation and tourism,










—


for RPE: operation of a mechanical waste treatment plant for different types of waste.














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.6501 — Scholz Austria/Asamer Familienholding/RPE Recyclingpark Eisenerz, 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’).
Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU — Cases where the Commission raises no objections  Text with EEA relevance, except for products falling under Annex I to the Treaty
Date: 2012-04-03
Institutions: European Commission
Subjects: Italy, State aid, control of State aid, silviculture








C_2012099EN.01000701.xml










3.4.2012   


EN


Official Journal of the European Union


C 99/7





Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU
Cases where the Commission raises no objections
(Text with EEA relevance, except for products falling under Annex I to the Treaty)
2012/C 99/03







Date of adoption of the decision


7.3.2012




Reference number of State Aid


SA.33627 (11/N)




Member State


Italy




Region


—


—




Title (and/or name of the beneficiary)


Misura 224 — Indennità Natura 2000




Legal basis


Decreto legislativo n. 227/2001.
Decreto ministeriale 16 giugno 2005«Linee guida di programmazione forestale».
Programma quadro nazionale per il settore forestale (PQSF).
Indirizzi di gestione forestale per i siti della rete Natura 2000.
DPR 8 settembre 1997, n. 357.
DPR 12 marzo 2003, n. 120.
Decreto del Ministero dell’Ambiente 11 giugno 2007.
Decreto del Ministero dell’Ambiente 3 settembre 2002.
Decreto del Ministero dell’Ambiente 17 ottobre 2007.
Decreto del Ministero dell’Ambiente 19 giugno 2009 e succesive modificazioni.
Decreto 2 agosto 2010.
Direttiva 92/43/CEE del Consiglio, del 21 maggio 1992 (cd. Direttiva Habitat).
Direttiva 79/409/CEE del Consiglio, del 2 aprile 1979 (cd. Direttiva Uccelli).
Direttiva 2009/147/CE del Parlamento europeo e del Consiglio del 30 novembre 2009. Risoluzione del Consiglio relativa a una Strategia forestale per l’Unione europea 1999/C 56/01.
Comunicazione della Commissione al Consiglio e al Parlamento europeo sull’attuazione della Strategia forestale dell’Unione europea COM(2005) 84 def. del 10 marzo 2005.
Comunicazione della Commissione al Consiglio e al Parlamento europeo: Piano d’azione dell’UE per le foreste (Forest Action Plan) sull’attuazione della Strategia forestale dell’Unione europea COM(2006) 302 def. del 15 giugno 2006.
Risoluzione del Consiglio relativa a una Strategia forestale per l’Unione europea 1999/C 56/01




Type of measure


Scheme


—




Objective


Forestry




Form of aid


Direct grant




Budget


Overall budget: EUR 8,94 million




Intensity


100 %




Duration (period)


Until 31.12.2013




Economic sectors


Forestry and logging




Name and address of the granting authority







Ministero delle politiche agricole alimentari e forestali




Dipartimento delle politiche competitive del mondo rurale e della qualità




Via XX Settembre 20




00187 Roma RM




ITALIA








Other information


—




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm
Prior notification of a concentration (Case COMP/M.6550 — TowerBrook/York/Apollo/Monier) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2012-04-03
Institutions: European Commission
Subjects: building materials, economic concentration, investment company, merger control








C_2012099EN.01001201.xml










3.4.2012   


EN


Official Journal of the European Union


C 99/12





Prior notification of a concentration
(Case COMP/M.6550 — TowerBrook/York/Apollo/Monier)
Candidate case for simplified procedure
(Text with EEA relevance)
2012/C 99/07






1.


On 26 March 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings TowerBrook Capital Partners (UK) LLP (‘TowerBrook’, United Kingdom), York Capital Global Management Advisors, LLC (‘York’, USA) and AIF VII Euro Holdings, L.P., LLC, an investment fund managed by an affiliate of Apollo Management L.P. (‘Apollo’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertakings Monier Holdings S.C.A. and Monier Holdings GP SA (‘Monier’, Luxembourg) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for TowerBrook: private equity investment,










—


for York: management of investment funds,










—


for Apollo: portfolio investments,










—


for Monier: manufacturer and supplier of roofing tiles, components for roofs and chimney and ventilation systems.














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.6550 — TowerBrook/York/Apollo/Monier, 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’).
Euro exchange rates
Date: 2012-04-03
Institutions: European Commission
Subjects: euro, exchange rate








C_2012099EN.01000901.xml










3.4.2012   


EN


Official Journal of the European Union


C 99/9





Euro exchange rates (1)

2 April 2012
2012/C 99/04

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3319




JPY


Japanese yen


109,95




DKK


Danish krone


7,4407




GBP


Pound sterling


0,83105




SEK


Swedish krona


8,8052




CHF


Swiss franc


1,2044




ISK


Iceland króna


 




NOK


Norwegian krone


7,5505




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


24,773




HUF


Hungarian forint


295,00




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7009




PLN


Polish zloty


4,1445




RON


Romanian leu


4,3823




TRY


Turkish lira


2,3760




AUD


Australian dollar


1,2841




CAD


Canadian dollar


1,3300




HKD


Hong Kong dollar


10,3429




NZD


New Zealand dollar


1,6251




SGD


Singapore dollar


1,6711




KRW


South Korean won


1 501,86




ZAR


South African rand


10,2050




CNY


Chinese yuan renminbi


8,3836




HRK


Croatian kuna


7,4953




IDR


Indonesian rupiah


12 174,94




MYR


Malaysian ringgit


4,0683




PHP


Philippine peso


56,979




RUB


Russian rouble


39,2200




THB


Thai baht


41,082




BRL


Brazilian real


2,4340




MXN


Mexican peso


17,0243




INR


Indian rupee


67,7620






(1)  Source: reference exchange rate published by the ECB.
Case C-165/12: Action brought on 3 April 2012 — European Commission v Council of the European Union
Date: 2012-04-03
Institutions: Court of Justice
Subjects: EU waters, French Guiana, Venezuela, catch quota, common fisheries policy, exclusive economic zone, fishing industry, international agreement, legal basis








C_2012157EN.01000601.xml










2.6.2012   


EN


Official Journal of the European Union


C 157/6





Action brought on 3 April 2012 — European Commission v Council of the European Union
(Case C-165/12)
2012/C 157/10
Language of the case: French

Parties


Applicant: European Commission (represented by: A. Bouquet and E. Paasivirta, acting as Agents)

Defendant: Council of the European Union

Form of order sought







—


Annul Council Decision 2012/19/EU (1) of 16 December 2011 on the approval, on behalf of the European Union, of the Declaration on the granting of fishing opportunities in EU waters to fishing vessels flying the flag of the Bolivarian Republic of Venezuela in the exclusive economic zone off the coast of French Guiana, inasmuch as it is based on Article 218(6)(b) TFEU in conjunction with Article 43(3) TFEU;










—


Maintain the effects of the annulled decision until the entry into force of a new decision adopted, within a reasonable period, on an appropriate legal basis, namely Article 218(6)(a) TFEU in conjunction with Article 43(2) TFEU, or, in the event of a refusal by the Parliament to give its approval, until expiry of a reasonable short period after the Parliament’s decision refusing approval, and










—


order the Council of the European Union to pay the costs.





Pleas in law and main arguments

The Commission seeks the annulment, with maintenance of its effects until adoption of a new measure, of Council Decision 2012/19/EU, inasmuch as the choice of legal basis departs fundamentally from that proposed by the Commission, namely Article 218(6)(a) TFEU (in conjunction with Article 43(2) TFEU), with the approval of the Parliament.
The Commission submits that, by so acting, the Council has erred and that, in accordance with the Commission’s proposal, it should seek the approval of the Parliament before adopting the measure in question.
In support of its action, the Commission puts forward three pleas in law: the first plea in law, split into three parts, alleging, firstly, infringement of Article 218(6)(a) TFEU and Article 43(2) TFEU in that the Council has used Article 218(6)(b) TFEU and Article 43(3) TFEU as the legal basis for the contested measure and, secondly, infringement of the second paragraph of Article 296 TFEU in that the Council has given contradictory reasons for its choice of legal basis.
The second plea in law, following from the first, also alleges infringement of Article 218(6)(a) TFEU in that the Council has disregarded the institutional prerogatives of the European Parliament by failing to obtain its approval despite the fact that that approval is required by the article in question.
The third plea in law alleges infringement of Articles 17 TEU and 218(6) TFEU in that the Council has distorted the Commission’s proposal.


(1)  OJ 2012 L 6, p. 8.
Case C-164/12: Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 3 April 2012 — DMC Beteiligungsgesellschaft mbH v Finanzamt Hamburg-Mitte
Date: 2012-04-03
Institutions: Court of Justice
Subjects: EU law - national law, Germany, basis of tax assessment, capital gains tax, company with share capital, debt, interpretation of the law, partnership, share capital, shareholding, tax system








C_2012217EN.01000502.xml










21.7.2012   


EN


Official Journal of the European Union


C 217/5





Reference for a preliminary ruling from the Finanzgericht Hamburg (Germany) lodged on 3 April 2012 — DMC Beteiligungsgesellschaft mbH v Finanzamt Hamburg-Mitte
(Case C-164/12)
2012/C 217/09
Language of the case: German

Referring court

Finanzgericht Hamburg

Parties to the main proceedings


Applicant: DMC Beteiligungsgesellschaft mbH

Defendant: Finanzamt Hamburg-Mitte

Questions referred







1.


Is it compatible with Article 43 EC (or Article 49 TFEU) for a national provision to provide that, in the event of the contribution of partnership interests to a capital company, the business assets contributed must be assessed at their value as part of a going concern (and consequently, as a result of revealing undisclosed reserves, a capital gain arises for the transferor) where at the time of the non-cash contribution the Federal Republic of Germany has no right to tax in relation to the gain on the sale of the new company shares granted to the transferor in return for the contribution?










2.


In the event that the first question must be answered in the negative: is the national provision compatible with Article 43 EC (or Article 49 TFEU) if the transferor is entitled to apply for the deferment, on an interest-free basis, of the tax arising as a consequence of revealing the undisclosed reserves, with the effect that the tax due on the gain may be paid in annual instalments, each of at least a fifth of the tax due, provided that the payment of the instalments is secured?
Prior notification of a concentration (Case COMP/M.6512 — DS Smith/SCA Packaging)  Text with EEA relevance
Date: 2012-04-03
Institutions: European Commission
Subjects: economic concentration, merger control, packaging product








C_2012099EN.01001301.xml










3.4.2012   


EN


Official Journal of the European Union


C 99/13





Prior notification of a concentration
(Case COMP/M.6512 — DS Smith/SCA Packaging)
(Text with EEA relevance)
2012/C 99/08






1.


On 28 March 2012, 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 DS Smith Plc (‘DS Smith’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the undertaking SCA Packaging Holding BV (‘SCA Packaging’, The Netherlands) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for DS Smith: manufacture of plastic and corrugated packaging,










—


for SCA Packaging: manufacture of corrugated packaging.














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.6512 — DS Smith/SCA Packaging, 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.6543 — Ahold/Flevo)  Text with EEA relevance
Date: 2012-04-03
Institutions: European Commission
Subjects: audiovisual equipment, economic concentration, electronic commerce, foodstuff, merger control








C_2012099EN.01001001.xml










3.4.2012   


EN


Official Journal of the European Union


C 99/10





Prior notification of a concentration
(Case COMP/M.6543 — Ahold/Flevo)
(Text with EEA relevance)
2012/C 99/05






1.


On 23 March 2012, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Koninklijke Ahold NV (the Netherlands), the parent company of Ahold Group (‘Ahold’), acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Flevo Deelnemingen III BV (‘Flevo’, the Netherlands), the holding company of bol.com NV (‘bol.com’, the Netherlands), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Ahold: offline and online retailing of foodstuffs, daily consumer goods, health and beauty care products, wine and liquor,










—


for Flevo (bol.com): online retailing of books, e-books, DVDs, music, computer games, toys, customer electronics, computers and consumer software in the Netherlands and Belgium.














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.6543 — Ahold/Flevo, 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’).
Case C-166/12: Reference for a preliminary ruling from the Krajský soud v Praze (Czech Republic) lodged on 3 April 2012 — Radek Časta v Česká správa sociálního zabezpečení
Date: 2012-04-03
Institutions: Court of Justice
Subjects: Czechia, European official, civil servant, transfer of pension rights








C_2012200EN.01000502.xml










7.7.2012   


EN


Official Journal of the European Union


C 200/5





Reference for a preliminary ruling from the Krajský soud v Praze (Czech Republic) lodged on 3 April 2012 — Radek Časta v Česká správa sociálního zabezpečení
(Case C-166/12)
2012/C 200/09
Language of the case: Czech

Referring court

Krajský soud v Praze

Parties to the main proceedings


Applicant: Radek Časta

Defendant: Česká správa sociálního zabezpečení

Questions referred







1.


How must the concept of ‘capital value of pension rights’ in Article 11(2) of Annex VIII to Regulation (EEC, Euratom, ECSC) No 259/68 of the Council of 29 February 1968 laying down the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities, as amended by Council Regulation No 723/2004 (the ‘Staff Regulations’), (1) be understood? Does that concept include the level of pension rights determined both in the form of the actuarial equivalent and in the form of the flat-rate redemption value as defined in Article 11(2) of Annex VIII to the Staff Regulations, as laid down prior to the entry into effect of Regulation No 723/2004, or must it be identified with only one of those concepts, and if not, how does it differ from those concepts?










2.


Does Article 11(2) of Annex VIII to the Staff Regulations, in conjunction with Article 4(3) of the Treaty on European Union, as amended by the Treaty of Lisbon, preclude application of the method for calculating pension rights provided for in Paragraph 105a(1) of Law No 155/1995 on pension insurance and in Government Regulation No 587/2006 laying down detailed arrangements on the reciprocal transfer of pension rights in relation to the pension scheme of the European Communities? In this context, is it relevant that that calculation method results, in a specific case, in the setting of pension rights offered for transfer to the EU pension scheme at a level of not even half the amount of the contributions paid by an official to the national pension scheme?










3.


Must the judgment of the Court of Justice in Case C-293/03 Gregorio My v Office national des pensions (ONP) be interpreted as meaning that, for the purposes of calculating the value of pension rights to be transferred to the EU pension scheme by means of an actuarial method dependent on the period of insurance, the personal basis of assessment must also include the period during which, before the date of submission of an application for the transfer of pension rights, the EU official has already participated in the EU pension scheme?






(1)  OJ, English Special Edition 1968(1), p- 30.