do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case COMP/M.6988 — CKH/CKI/PAH/AVR)  Text with EEA relevance
Date: 2013-08-22
Institutions: European Commission
Subjects: Australia, Canada, China, Hong Kong, Netherlands, New Zealand, Thailand, United Kingdom, building materials, economic concentration, electrical industry, gas, hotel industry, investment company, merger control, property development, renewable energy, waste management, water treatment








C_2013241EN.01000301.xml










22.8.2013   


EN


Official Journal of the European Union


C 241/3





Non-opposition to a notified concentration
(Case COMP/M.6988 — CKH/CKI/PAH/AVR)
(Text with EEA relevance)
2013/C 241/02
On 16 August 2013, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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 electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M6988. EUR-Lex is the on-line access to the European law.
Publication of the Norwegian Ministry of Transport and Communications' notification of directly awarding a public service contract in accordance with Article 7(3) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70
Date: 2013-08-22
Institutions: EFTA Secretariat
Subjects: Norway, international transport, negotiated contract, public service, rail transport








C_2013241EN.01002201.xml










22.8.2013   


EN


Official Journal of the European Union


C 241/22





Publication of the Norwegian Ministry of Transport and Communications' notification of directly awarding a public service contract in accordance with Article 7(3) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70
2013/C 241/08
1.   Name and address of the contracting entity:






The Norwegian Ministry of Transport and Communications




Department of Public and Rail Transport




PO Box 8010 Dep




0030 Oslo




NORWAY









Hedmark fylkeskommune




PO Box 4404




2325 Hamar




NORWAY




2.   Duration of the public service contract:

The agreement covers a six — 6 — year period starting T13 up to and including T18. Each party has an option to cancel the agreement with the purpose to start renegotiations; this process has to start at the latest eighteen — 18 — months before T16, i.e. in June 2014.
3.   Description of the passenger transport services to be performed:

International passenger service by rail Kongsvinger–Charlottenberg with three daily round trips divided evenly on morning, noon and evening.
4.   Description of the parameters of the financial compensation:

The Norwegian Ministry of Transport and Communications and Hedmark fylkeskommune are co-financing the agreement with SEK 1 747 000 exclusive of VAT for the first three-year period (T13-T15). The Norwegian Ministry of Transport and Communications is set to pay SEK 407 000 and Hedmark fylkeskommmune SEK 1 340 000.
5.   Quality targets, such as punctuality and reliability, and rewards and penalties applicable:

The report must as a minimum include the following parameters: train-km Kongsvinger–Charlottenberg, seat-km Kongsvinger–Charlottenberg, revenue passenger-km Kongsvinger–Charlottenberg, number of travellers Kongsvinger–Charlottenberg, agreed train-km, and actual km covered.
6.   Conditions relating to essential assets:

VTAB is responsible for ensuring that the rail service has appropriate material and sufficient capacity, with Regina train set of two or three rail wagons.
Case T-447/13 P: Appeal brought on 22 August 2013 by Luigi Marcuccio against the order of the Civil Service Tribunal of 18 June 2013 in Case F-143/11, Marcuccio v Commission
Date: 2013-08-22
Institutions: General Court
Subjects: European civil service, application of EU law, interpretation of the law, legal expenses








C_2013291EN.01000501.xml










5.10.2013   


EN


Official Journal of the European Union


C 291/5





Appeal brought on 22 August 2013 by Luigi Marcuccio against the order of the Civil Service Tribunal of 18 June 2013 in Case F-143/11, Marcuccio v Commission
(Case T-447/13 P)
2013/C 291/06
Language of the case: Italian

Parties


Appellant: Luigi Marcuccio (Tricase, Italy) (represented by G. Cipressa, lawyer)

Other party to the proceedings: European Commission

Form of order sought by the appellant

The appellant claims that the Court should:






—


Annul in its entirety and without exception the order under appeal;










—


Refer the case back to the Civil Service Tribunal.





Pleas in law and main arguments

The present appeal is brought against the order of the Civil Service Tribunal of 18 June 2013 dismissing as manifestly inadmissible an action for (i) annulment of the Commission’s decision rejecting the appellant’s request of 16 August 2011 and for (ii) payment of the sum of EUR 3 316,31 in respect of part of the costs incurred for the purposes of Case F-81/09 Marcuccio v Commission.
In support of its claims, the appellant relies on the following pleas in law:






1.


Absolute failure to state reasons in the order under appeal, distortion and misrepresentation of the facts.










2.


Incorrect, false and unreasonable interpretation and application of:






—


the concept of ‘request’ within the meaning of Article 90 of the Staff Regulations of Officials of the European Union;










—


Article 91 of those regulations and illogical and unreasoned failure to have regard to the relevant case-law;










—


the concept of the obligation on an institution of the European Union to adopt the measures necessary for compliance with a judgment of the Courts of the European Union.














3.


Absolute failure to carry out any preliminary investigations and to state reasons, and failure to rule on a claim made by the appellant in the proceedings.










4.


Misinterpretation and misapplication of Article 14 of the Rules of Procedure of the Civil Service Tribunal, and consequently manifest breach of the principle of the court specified by law, referred to, inter alia, in Article 47 of the Charter of Fundamental Rights of the European Union.
Publication of the Norwegian Ministry of Transport and Communications' notification of directly awarding a public service contract in accordance with Article 7(3) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70
Date: 2013-08-22
Institutions: EFTA Secretariat
Subjects: Norway, international transport, negotiated contract, public service, rail transport








C_2013241EN.01002301.xml










22.8.2013   


EN


Official Journal of the European Union


C 241/23





Publication of the Norwegian Ministry of Transport and Communications' notification of directly awarding a public service contract in accordance with Article 7(3) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70
2013/C 241/09
1.   Name and address of the contracting entity:






The Norwegian Ministry of Transport and Communications




Department of Public and Rail Transport




PO Box 8010 Dep




0030 Oslo




NORWAY




2.   Duration of the public service contract:

From December 2012 to December 2017. The Norwegian Ministry of Transport and Communications has an option to extend the contract for a period of 3 + 2 years.
3.   Description of the passenger transport services to be performed:

International passenger service by rail Oslo–Karlstad–(Stockholm) with two daily round trips. This equals an approximate production of 355 000 train-kilometres per year (Karlstad–Oslo).
4.   Description of the parameters of the financial compensation:

The Norwegian Ministry of Transport and Communications is to pay the contractor a set sum per year, exclusive of VAT. For 2013 this is SEK 4,5 million and for each year 2014-2017 — SEK 4 million.
5.   Quality targets, such as punctuality and reliability, and rewards and penalties applicable:

The contractor’s own rules and regulations pertaining to transportation and the sale of tickets shall apply. Standard of punctuality shall be 90 % + 15 minutes. Standard of regularity shall as a minimum be 98 %. In other areas that are not separately regulated by the agreement, the contractor is to set the same general quality requirements as it sets for its own similar transportation services.
6.   Conditions relating to essential assets:

None.
Prior notification of a concentration (Case COMP/M.6950 — UPC/GPT/JV) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-08-22
Institutions: European Commission
Subjects: Russia, economic concentration, gas, merger control, petrochemicals, plastics








C_2013241EN.01002401.xml










22.8.2013   


EN


Official Journal of the European Union


C 241/24





Prior notification of a concentration
(Case COMP/M.6950 — UPC/GPT/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 241/10






1.


On 14 August 2013, 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 Joint Stock Company United Petrochemical Company (‘UPC’, Russia) and Grupo Petrotemex SA de CV (‘GPT’, Mexico) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a newly created joint venture (the ‘JV’, Netherlands), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for UPC: petrochemical and gas processing activities via the companies it holds in Russia, as well as research and analysis for investment opportunities in petrochemical business,










—


for GPT: manufacturing and sale of polyester chains mainly in the Americas (in particular terephtalic acid, polyethylene telephtalate resin, polyester staple fibre) for use among others in food / personal care packaging and textile, as the holding company of petrochemical manufacturing companies,










—


for the JV: manufacturing and sale of polyester chains (in particular polyethylene telephtalate resin) in the CIS, the EEA and other neighbouring countries.














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.6950 — UPC/GPT/JV, 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 ‘EC Merger Regulation’).

(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).
Euro exchange rates
Date: 2013-08-22
Institutions: European Commission
Subjects: euro, exchange rate








C_2013241EN.01000401.xml










22.8.2013   


EN


Official Journal of the European Union


C 241/4





Euro exchange rates (1)

21 August 2013
2013/C 241/03

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,3384




JPY


Japanese yen


130,52




DKK


Danish krone


7,4585




GBP


Pound sterling


0,85295




SEK


Swedish krona


8,7277




CHF


Swiss franc


1,2310




ISK


Iceland króna


 




NOK


Norwegian krone


8,0535




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


25,775




HUF


Hungarian forint


299,67




LTL


Lithuanian litas


3,4528




LVL


Latvian lats


0,7028




PLN


Polish zloty


4,2403




RON


Romanian leu


4,4420




TRY


Turkish lira


2,6185




AUD


Australian dollar


1,4811




CAD


Canadian dollar


1,3966




HKD


Hong Kong dollar


10,3789




NZD


New Zealand dollar


1,6913




SGD


Singapore dollar


1,7087




KRW


South Korean won


1 494,91




ZAR


South African rand


13,6506




CNY


Chinese yuan renminbi


8,1956




HRK


Croatian kuna


7,5430




IDR


Indonesian rupiah


14 504,51




MYR


Malaysian ringgit


4,4080




PHP


Philippine peso


58,808




RUB


Russian rouble


44,2007




THB


Thai baht


42,601




BRL


Brazilian real


3,2155




MXN


Mexican peso


17,4634




INR


Indian rupee


86,2700






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case COMP/M.6990 — Vodafone/Kabel Deutschland)  Text with EEA relevance
Date: 2013-08-22
Institutions: European Commission
Subjects: Internet, economic concentration, merger control, television, transmission network








C_2013241EN.01002601.xml










22.8.2013   


EN


Official Journal of the European Union


C 241/26





Prior notification of a concentration
(Case COMP/M.6990 — Vodafone/Kabel Deutschland)
(Text with EEA relevance)
2013/C 241/11






1.


On 16 August 2013, 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 Vodafone Group Plc. (‘Vodafone’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Kabel Deutschland Holding AG (‘KDG’, Germany) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for Vodafone: operation of mobile telecommunications networks; provision of related telecommunications services, including voice telephony and internet services,










—


for KDG: provision of TV and telecommunication services, including voice telephony and internet 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.6990 — Vodafone/Kabel Deutschland, 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 ‘EC Merger Regulation’).
Case C-461/13: Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 22 August 2013 — Bund für Umwelt und Naturschutz Deutschland e.V. v Bundesrepublik Deutschland
Date: 2013-08-22
Institutions: Court of Justice
Subjects: environmental impact, surface water, water management, water management in agriculture








C_2013352EN.01000301.xml










30.11.2013   


EN


Official Journal of the European Union


C 352/3





Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 22 August 2013 — Bund für Umwelt und Naturschutz Deutschland e.V. v Bundesrepublik Deutschland
(Case C-461/13)
2013/C 352/03
Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings


Applicant: Bund für Umwelt und Naturschutz Deutschland e.V.

Defendant: Bundesrepublik Deutschland

Joined party: Freie Hansestadt Bremen

Questions referred







1.


Is Article 4(1)(a)(i) of Directive 2000/60/EC (1) of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, as last amended by Directive 2009/31/EC (2) of the European Parliament and of the Council of 23 April 2009, (‘the Water Framework Directive’) to be interpreted as meaning that the Member States must — unless a derogation is granted — refuse to authorise a project if it may cause a deterioration in the status of a body of surface water, or is that provision merely a statement of an objective for management planning?










2.


Is the term ‘deterioration of the status’ in Article 4(1)(a)(i) of the Water Framework Directive to be interpreted as covering only detrimental changes which lead to classification in a lower class in accordance with Annex V to the Directive?










3.


If Question 2 is to be answered in the negative: under what circumstances does ‘deterioration of the status’ within the meaning of Article 4(1)(a)(i) of the Water Framework Directive arise?










4.


Must the provisions of Article 4(1)(a)(ii) and (iii) of the Water Framework Directive be interpreted as meaning that the Member States must — unless a derogation is granted — refuse to authorise a project if it jeopardises the attainment of good surface water status or of good ecological potential and good surface water chemical status by the date laid down by the Directive, or are those provisions merely a statement of an objective for management planning?






(1)  OJ 2000 L 327, p. 1.

(2)  Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ 2009 L 140, p. 114).