do-me/EUR-LEX huggingface dataset:
Case C-50/12 P: Judgment of the Court (Grand Chamber) of 26 November 2013 — Kendrion NV v European Commission (Appeal — Competition — Cartels — Industrial plastic bags sector — Whether the infringement by a subsidiary may be attributed to the parent company — Joint and several liability of the parent company for the payment of the fine imposed on the subsidiary — Excessive length of the proceedings before the General Court — Principle of effective legal protection)
Date: 2013-11-26
Institutions: Court of Justice
Subjects: cartel, fine, plastics industry, restriction on competition, right to justice, rights of the defence, subsidiary








C_2014039EN.01000202.xml










8.2.2014   


EN


Official Journal of the European Union


C 39/2





Judgment of the Court (Grand Chamber) of 26 November 2013 — Kendrion NV v European Commission
(Case C-50/12 P) (1)

(Appeal - Competition - Cartels - Industrial plastic bags sector - Whether the infringement by a subsidiary may be attributed to the parent company - Joint and several liability of the parent company for the payment of the fine imposed on the subsidiary - Excessive length of the proceedings before the General Court - Principle of effective legal protection)
2014/C 39/03
Language of the case: Dutch

Parties


Appellant: Kendrion NV (represented by: P. Glazener and T. Ottervanger, advocaten)

Other party to the proceedings: European Commission (represented by: F. Castillo de la Torre and S. Noë, Agents)

Re:

Appeal brought against the judgment of the General Court (Fourth Chamber) of 16 November 2011 in Case T-54/06 Kendrion v Commission, by which the General Court dismissed an application for annulment of Commission Decision C(2005) 4634 of 30 November 2005 relating to a proceeding pursuant to Article 81 (EC) (Case COMP/F/38.354 — Industrial bags), in so far as it is addressed to Kendrion, concerning a cartel in the industrial plastic bags sector, and application for annulment or, in the alternative, reduction of the fine imposed on Kendrion.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders Kendrion NV to pay the costs of this appeal.






(1)  OJ C 80, 17.3.2012.
Prior notification of a concentration (Case COMP/M.7092 — LIXIL Group/Development Bank of Japan/Grohe Group) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-11-26
Institutions: European Commission
Subjects: bank, building materials, economic concentration, merger control








C_2013345EN.01002101.xml










26.11.2013   


EN


Official Journal of the European Union


C 345/21





Prior notification of a concentration
(Case COMP/M.7092 — LIXIL Group/Development Bank of Japan/Grohe Group)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 345/09






1.


On 18 November 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 LIXIL Group Corporation (‘LIXIL’, Japan) and the Development Bank of Japan Inc. (‘DBJ’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Grohe Group Sàrl (‘Grohe’, Luxembourg) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for LIXIL: supply of building materials and housing equipment; including sanitary products,










—


for DBJ: banking,










—


for Grohe: supply of water technology products for bathrooms and kitchens, in particular sanitary fittings and behind-the-wall flushing and installation 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.7092 — LIXIL Group/Development Bank of Japan/Grohe Group, 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’).
Non-opposition to a notified concentration (Case COMP/M.7022 — Immochan/CNP Assurances/Galerie Commerciale de Kirchberg)  Text with EEA relevance
Date: 2013-11-26
Institutions: European Commission
Subjects: France, Luxembourg, distributive trades, economic concentration, food industry, insurance company, merger control, real estate business








C_2013345EN.01000101.xml










26.11.2013   


EN


Official Journal of the European Union


C 345/1





Non-opposition to a notified concentration
(Case COMP/M.7022 — Immochan/CNP Assurances/Galerie Commerciale de Kirchberg)
(Text with EEA relevance)
2013/C 345/01
On 14 November 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 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 electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32013M7022. EUR-Lex is the online access to the European law.
Prior notification of a concentration (Case COMP/M.7118 — AXA/Norges Bank/SZ Tower) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-11-26
Institutions: European Commission
Subjects: Germany, Norway, building, central bank, economic concentration, insurance company, merger control








C_2013345EN.01001801.xml










26.11.2013   


EN


Official Journal of the European Union


C 345/18





Prior notification of a concentration
(Case COMP/M.7118 — AXA/Norges Bank/SZ Tower)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 345/06






1.


On 18 November 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which AXA (France) and Norges Bank (Norway) acquire within the meaning of Article 3(1) (b) of the Merger Regulation joint control of SZ Tower (Germany) by way of purchase of assets.










2.


The business activities of the undertakings concerned are:






—


AXA is a global insurance groupe active in life, health and other forms of insurance, as well as in investment management,










—


Norges Bank is the Norway’s central bank. In addition to managing the investments of the Government Pension Fund Global, Norges Bank carries out several activities, in particular monetary policy, management of long-term foreing exchange reserves and financial stability,










—


SZ Tower is an office building in Munich, Germany, consisting of a 6-floor campus building and a 28-floor high-rise building with 3 lower levels and an underground garage.














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.7118 — AXA/Norges Bank/SZ Tower, 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’).
Case C-613/13 P: Appeal brought on 26 November 2013 by European Commission against the judgment of the General Court (Fourth Chamber) delivered on 16 September 2013 in Joined Cases T-379/10 and T-381/10: Keramag Keramische Werke AG and Others, Sanitec Europe Oy v European Commission
Date: 2013-11-26
Institutions: Court of Justice
Subjects: fine, legal expenses, liability, proof








C_2014052EN.01002701.xml










22.2.2014   


EN


Official Journal of the European Union


C 52/27





Appeal brought on 26 November 2013 by European Commission against the judgment of the General Court (Fourth Chamber) delivered on 16 September 2013 in Joined Cases T-379/10 and T-381/10: Keramag Keramische Werke AG and Others, Sanitec Europe Oy v European Commission
(Case C-613/13 P)
2014/C 52/49
Language of the case: English

Parties


Appellant: European Commission (represented by: F. Castillo de la Torre, F. Ronkes Agerbeek, agents)

Other parties to the proceedings: Keramag Keramische Werke AG and Others, Sanitec Europe Oy

Form of order sought

The appellant claims that the Court should:






—


set aside point 1 of the operative part of the judgment under appeal insofar as it annuls article 1 of the contested Decision as regards the events in AFICS and the liability of Allia SAS, Produits Céramique de Touraine SA and Sanitec for them;










—


set aside in full point 2 of the operative part of the judgment under appeal;










—


if the Court of Justice gives final judgment, to dismiss the action for annulment also insofar as it concerns the events in AFICS and to reinstate the fines imposed on Allia SAS, Produits Céramique de Touraine SA and Sanitec; and, in any event,










—


to order the applicants at first instance (now other parts in the proceedings) bear the costs of this appeal, and, to the extent that the Court of Justice gives final judgment on the action for annulment, of such case as well.





Pleas in law and main arguments

First ground: failure to comply with duty to state reasons and the rules of evidence; the General Court failed to examine several relevant pieces of evidence and applied too high evidentiary requirements for those pieces of evidence that the General Court did examine.
Second ground: contradictory reasoning; the assessment of the evidence is in direct contradiction with that in three other judgments delivered the same day relating to the same decision and the same facts.
Prior notification of a concentration (Case COMP/M.7106 — PensionDanmark Holding/GDF SUEZ/Noordgas-transport) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-11-26
Institutions: European Commission
Subjects: Denmark, Netherlands, economic concentration, energy industry, gas, insurance company, life assurance, merger control








C_2013345EN.01002001.xml










26.11.2013   


EN


Official Journal of the European Union


C 345/20





Prior notification of a concentration
(Case COMP/M.7106 — PensionDanmark Holding/GDF SUEZ/Noordgas-transport)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 345/08






1.


On 18 November 2013, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which PensionDanmark Holding (‘PensionDanmark’, Denmark) and GDF SUEZ SA (‘GDF SUEZ’, France) will acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control over Noordgastransport BV (‘NGT’, Netherlands) by way of a purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for PensionDanmark: is a Danish not-for-profit, labour-market-related, life-insurance limited company,










—


for GDF SUEZ: one of the world’s leading industrial companies active throughout the entire energy value chain, in electricity and natural gas,










—


for NGT: provides transport and treatment services on its subsea gas transportation pipelines and onshore treatment facilities in the Netherlands.














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.7106 — PensionDanmark Holding/GDF SUEZ/Noordgas-transport, to the following address:





European Commission




Directorate-General for Competition




Merger Registry




MADO 1




1210 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’).
Notice concerning the provisional application of Part IV (trade matters) of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (Guatemala)
Date: 2013-11-26
Institutions: Council of the European Union
Subjects: Guatemala, association agreement (EU), free-trade agreement, interim agreement (EU)








L_2013315EN.01000101.xml










26.11.2013   


EN


Official Journal of the European Union


L 315/1







Notice concerning the provisional application of Part IV (trade matters) of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (Guatemala)

Pending the completion of the procedures for the conclusion of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, signed at Tegucigalpa on 29 June 2012, Part IV thereof concerning trade matters shall, in accordance with its Article 353(4), be applied on a provisional basis between the European Union and Guatemala as from 1 December 2013. By virtue of Article 3(1) of the Council Decision 2012/734/EU (1) on the signing and provisional application of the Agreement, Article 271 shall not be provisionally applied.


(1)  Council Decision 2012/734/EU of 25 June 2012 on the signing, on behalf of the European Union, of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, and the provisional application of Part IV thereof concerning trade matters (OJ L 346, 15.12.2012, p. 1).