do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case COMP/M.7105 — NTT Data Corporation/Everis Participaciones) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-12-05
Institutions: European Commission
Subjects: economic concentration, information technology industry, merger control, telecommunications industry








C_2013355EN.01001101.xml










5.12.2013   


EN


Official Journal of the European Union


C 355/11





Prior notification of a concentration
(Case COMP/M.7105 — NTT Data Corporation/Everis Participaciones)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 355/10






1.


On 27 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 undertaking NTT Data Corporation (‘NTT Data’, Japan), belonging to the Nippon Telegraph and Telephone Corporation Group (‘NTT’, Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the undertaking Everis Participaciones, SL (‘Everis’, Spain), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for NTT and NTT Data: telecommunications and IT services,










—


for Everis: IT services.














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.7105 — NTT Data Corporation/Everis Participaciones, 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’).
Information communicated by Member States regarding closure of fisheries
Date: 2013-12-05
Institutions: European Commission
Subjects: Baltic Sea, Netherlands, North Sea, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013355EN.01000801.xml










5.12.2013   


EN


Official Journal of the European Union


C 355/8





Information communicated by Member States regarding closure of fisheries
2013/C 355/06
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


18.11.2013




Duration


18.11.2013-31.12.2013




Member State


The Netherlands




Stock or group of stocks


COD/03AN




Species


Cod (Gadus Morhua)




Zone


Skagerrak




Type(s) of fishing vessels


—




Reference number


69/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community — Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations  Text with EEA relevance
Date: 2013-12-05
Institutions: European Commission
Subjects: Portugal, air transport, inland transport, invitation to tender, public service, transport regulations








C_2013355EN.01000701.xml










5.12.2013   


EN


Official Journal of the European Union


C 355/7





Commission communication pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
2013/C 355/05






Member State


Portugal




Concerned route


Porto Santo–Funchal–Porto Santo




Period of validity of the contract


From 1 June 2014 to 31 May 2017




Deadline for submission of tenders


68 days from the publication of the present notice




Address where the text of the invitation to tender and any relevant information and/or documentation related to the public service tender and the public service obligation can be obtained







Instituto Nacional de Aviação Civil, I.P.




Rua B, Edifícios 4, 5 e 6 — Aeroporto de Lisboa




1749-034 Lisboa




PORTUGAL




Tel. +351 218423500




Fax +351 218423582




E-mail: concurso.osp@inac.pt




Internet: http://www.vortalGOV.pt
Case C-448/11 P: Judgment of the Court (Second Chamber) of 5 December 2013 — SNIA Spa, under special administration v European Commission (Appeal — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Imputation of liability in the field of competition — Economic continuity test — Infringement of the rights of defence — Duty to state reasons)
Date: 2013-12-05
Institutions: Court of Justice
Subjects: cartel, chemical industry, chemical salt, fine, infringement of EU law, oxide, restriction on competition, rights of the defence, subsidiary








C_2014045EN.01000501.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/5





Judgment of the Court (Second Chamber) of 5 December 2013 — SNIA Spa, under special administration v European Commission
(Case C-448/11 P) (1)

(Appeal - Agreements, decisions and concerted practices - European market for hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Imputation of liability in the field of competition - Economic continuity test - Infringement of the rights of defence - Duty to state reasons)
2014/C 45/08
Language of the case: Italian

Parties


Appellant: SNIA Spa, under special administration (represented by: A. Santa Maria, C. Biscaretti di Ruffia and E. Gambaro, avvocati)

Other party to the proceedings: European Commission (represented by: V. Di Bucci, L. Malferrari and B. Gencarelli, acting as Agents)

Re:

Appeal against the judgment of the General Court (Sixth Chamber, Extended Composition) of 16 June 2011 in Case T-194/06 SNIA v Commission, by which the General Court dismissed the action for partial annulment of Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding pursuant to Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen peroxide and perborate), to the extent that the Commission imposed a fine jointly and severally on Caffaro Srl and on SNIA SpA — Rules relating to the imputability of anti-competitive practices in the case of a merger — Infringement of the rights of defence and of the duty to state reasons.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders SNIA SpA, under special administration, to pay the costs.






(1)  OJ C 311, 22.10.2011.
Case C-413/12: Judgment of the Court (Third Chamber) of 5 December 2013 (request for a preliminary ruling from the Audiencia Provincial de Salamanca — Spain) — Asociación de Consumidores Independientes de Castilla y León v Anuntis Segundamano España SL (References for a preliminary ruling — Directive 93/13/EEC — Action seeking an injunction brought by a regional consumer protection association — Jurisdiction of local courts — No remedy against a decision declining jurisdiction delivered at first instance — Procedural autonomy of the Member States — Principles of equivalence and effectiveness)
Date: 2013-12-05
Institutions: Court of Justice
Subjects: consumer protection, territorial jurisdiction, unfair terms of contract








C_2014045EN.01001202.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/12





Judgment of the Court (Third Chamber) of 5 December 2013 (request for a preliminary ruling from the Audiencia Provincial de Salamanca — Spain) — Asociación de Consumidores Independientes de Castilla y León v Anuntis Segundamano España SL
(Case C-413/12) (1)

(References for a preliminary ruling - Directive 93/13/EEC - Action seeking an injunction brought by a regional consumer protection association - Jurisdiction of local courts - No remedy against a decision declining jurisdiction delivered at first instance - Procedural autonomy of the Member States - Principles of equivalence and effectiveness)
2014/C 45/21
Language of the case: Spanish

Referring court

Audiencia Provincial de Salamanca

Parties to the main proceedings


Applicant: Asociación de Consumidores Independientes de Castilla y León

Defendant: Anuntis Segundamano España SL

Re:

Reference for a preliminary ruling — Audiencia Provincial de Salamanca — Spain — Interpretation of Articles 4, 12, 114 and 169 TFEU, Article 38 of the Charter of Fundamental Rights of the European Union (OJ 2000 C 364, p. 1) and of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (OJ 1993 L 95, p. 29) — Adequate and effective means to prevent the continued use of unfair terms — Preventive action brought in the collective interest by a consumer protection organisation seeking an injunction to prevent a trader from using unfair terms — National rules of civil procedure conferring jurisdiction on the court of the place where the defendant has its address — National legislation excluding any appeal against an order declining jurisdiction

Operative part of the judgment

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts and the principles of equivalence and effectiveness must be interpreted as not precluding national procedural rules under which actions for an injunction brought by consumer protection associations must be brought before the courts where the defendant is established or has its address and whereby no appeal lies against a decision declining territorial jurisdiction handed down by a court of first instance.


(1)  OJ C 379, 8.12.2012.
Information communicated by Member States regarding closure of fisheries
Date: 2013-12-05
Institutions: European Commission
Subjects: Atlantic Ocean, France, catch by species, catch quota, fishing rights, sea fish, ship's flag








C_2013355EN.01000802.xml










5.12.2013   


EN


Official Journal of the European Union


C 355/8





Information communicated by Member States regarding closure of fisheries
2013/C 355/07
In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:






Date and time of closure


18.11.2013




Duration


18.11.2013-31.12.2013




Member State


France




Stock or group of stocks


ALB/AN05N




Species


Northern albacore (Thunnus alalunga)




Zone


Atlantic Ocean, north of 5° N




Type(s) of fishing vessels


—




Reference number


67/TQ40






(1)  OJ L 343, 22.12.2009, p. 1.
Case F-60/09 DEP: Order of the Civil Service Tribunal (Second Chamber) of 5.12.2013 Birkhoff v Commission (Civil service — Procedure — Taxation of costs — No need to adjudicate)
Date: 2013-12-05
Institutions: Civil Service Tribunal
Subjects: European civil service, costing, legal expenses








C_2014071EN.01003403.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/34






Order of the Civil Service Tribunal (Second Chamber) of 5.12.2013 Birkhoff v Commission
(Case F-60/09 DEP)
(Civil service - Procedure - Taxation of costs - No need to adjudicate)
(2014/C 71/67)
Language of the case: Italian

Parties


Applicant: Gerhard Birkhoff (Isny, Germany) (represented by: C. Inzillo, lawyer)

Defendant: European Commission (represented by: J. Currall and B. Eggers, acting as Agents, and by A. Dal Ferro, lawyer)

Operative part of the order







1.


There is no longer any need to adjudicate on the application for taxation of costs in Case F 60/09 DEP, Birkhoff v Commission.










2.


The parties are to bear their own costs incurred in respect of the present taxation of costs proceedings.
Case C-514/12: Judgment of the Court (Second Chamber) of 5 December 2013 (request for a preliminary ruling from the Landesgericht Salzburg — Austria) — Zentralbetriebsrat der gemeinnützigen Salzburger Landeskliniken Betriebs GmbH v Land Salzburg (Freedom of movement for workers — Article 45 TFEU — Regulation (EU) No 492/2011 — Article 7(1) — National legislation providing for account to be taken only of a proportion of the periods of service completed with employers other than Land Salzburg — Restriction of freedom of movement for workers — Justifications — Overriding reasons in the public interest — Objective of rewarding loyalty — Administrative simplification — Transparency)
Date: 2013-12-05
Institutions: Court of Justice
Subjects: Austria, Salzburg, administrative transparency, free movement of workers, simplification of formalities








C_2014045EN.01001501.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/15





Judgment of the Court (Second Chamber) of 5 December 2013 (request for a preliminary ruling from the Landesgericht Salzburg — Austria) — Zentralbetriebsrat der gemeinnützigen Salzburger Landeskliniken Betriebs GmbH v Land Salzburg
(Case C-514/12) (1)

(Freedom of movement for workers - Article 45 TFEU - Regulation (EU) No 492/2011 - Article 7(1) - National legislation providing for account to be taken only of a proportion of the periods of service completed with employers other than Land Salzburg - Restriction of freedom of movement for workers - Justifications - Overriding reasons in the public interest - Objective of rewarding loyalty - Administrative simplification - Transparency)
2014/C 45/26
Language of the case: German

Referring court

Landesgericht Salzburg

Parties to the main proceedings


Applicant: Zentralbetriebsrat der gemeinnützigen Salzburger Landeskliniken Betriebs GmbH

Defendant: Land Salzburg

Re:

Request for a preliminary ruling — Landesgericht Salzburg — Interpretation of Article 45 TFEU and Article 7(1) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ 2011 L 141, p. 1) — Remuneration of contractual civil servants of a Member State — National legislation providing for account to be taken of all periods of service completed with a specific public employer, but for account to be taken of only a proportion of the periods of service completed after a certain age with other public or private employers.

Operative part of the judgment

Article 45 TFEU and Article 7(1) of Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union must be interpreted as precluding national legislation under which, in determining the reference date for the purposes of the advancement of an employee of a local or regional authority to the next pay step in his grade, account is to be taken of all uninterrupted periods of service completed with that authority, but of only a proportion of any other periods of service.


(1)  OJ C 63, 2.3.2013.
Case C-446/11 P: Judgment of the Court (Second Chamber) of 5 December 2013 — European Commission v Edison SpA (Appeals — Agreements, decisions and concerted practices — European market for hydrogen peroxide and sodium perborate — Decision finding an infringement of Article 81 EC — Imputability of the unlawful conduct — Obligation to state reasons)
Date: 2013-12-05
Institutions: Court of Justice
Subjects: cartel, chemical industry, chemical salt, infringement of EU law, oxide, restriction on competition, rights of the defence, subsidiary








C_2014045EN.01000401.xml










15.2.2014   


EN


Official Journal of the European Union


C 45/4





Judgment of the Court (Second Chamber) of 5 December 2013 — European Commission v Edison SpA
(Case C-446/11 P) (1)

(Appeals - Agreements, decisions and concerted practices - European market for hydrogen peroxide and sodium perborate - Decision finding an infringement of Article 81 EC - Imputability of the unlawful conduct - Obligation to state reasons)
2014/C 45/06
Language of the case: Italian

Parties


Appellant: European Commission (represented by: V. Di Bucci and V. Bottka, Agents)

Other party to the proceedings: Edison SpA (represented by: M. Siragusa, R. Casati, M. Beretta, P. Merlino, F. Cannizzaro and E. Bruti Liberati, avvocati)

Re:

Appeal against the judgment of the General Court (Sixth Chamber) of 16 June 2011 in Case T-196/06 Edison v Commission, by which the General Court annulled Commission Decision C(2006) 1766 final of 3 May 2006 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement (Case COMP/F/38.620 — Hydrogen Peroxide and perborate), in so far as it concerns Edison SpA — Rules on the imputability of the anti-competitive practices of a subsidiary to its parent company — Infringement of the rights of the defence and of the obligation to state reasons.

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the Commission to bear its own costs.






(1)  OJ C 311, 22.10.2011.
Prior notification of a concentration (Case COMP/M.7080 — Dimension Data/NextiraOne Assets) — Candidate case for simplified procedure  Text with EEA relevance
Date: 2013-12-05
Institutions: European Commission
Subjects: Japan, economic concentration, information technology industry, merger control, telecommunications industry








C_2013355EN.01001001.xml










5.12.2013   


EN


Official Journal of the European Union


C 355/10





Prior notification of a concentration
(Case COMP/M.7080 — Dimension Data/NextiraOne Assets)
Candidate case for simplified procedure
(Text with EEA relevance)
2013/C 355/09






1.


On 28 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 undertaking Dimension Data Holdings Nederland BV (‘Dimension Data’, the Netherlands) controlled by Nippon Telegraph and Telephone Group (‘NTT’, Japan) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of NextiraOne Group’s legal entities in Austria, Belgium, the Czech Republic, Germany, Hungary, Ireland, Luxemburg, the Netherlands, Poland, Portugal, Slovakia, Spain and the United Kingdom (‘NextiraOne Assets’), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


for NTT: IT services and global telecommunication services to customers outside Japan, and regional telecommunications services in Japan,










—


for Dimension Data: IT services,










—


for NextiraOne Assets: IT services.














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.7080 — Dimension Data/NextiraOne Assets, 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-645/13: Request for a preliminary ruling from the Juzgado de Primera Instancia de Barcelona (Spain) lodged on 5 December 2013 — Cajas Rurales Unidas, Sociedad Cooperativa de Crédito v Evaristo Méndez Sena and Others
Date: 2013-12-05
Institutions: Court of Justice
Subjects: appeal, civil procedure, consumer protection, enforcement of ruling, higher court, real estate credit, unfair terms of contract








C_2014071EN.01000702.xml










8.3.2014   


EN


Official Journal of the European Union


C 71/7






Request for a preliminary ruling from the Juzgado de Primera Instancia de Barcelona (Spain) lodged on 5 December 2013 — Cajas Rurales Unidas, Sociedad Cooperativa de Crédito v Evaristo Méndez Sena and Others
(Case C-645/13)
(2014/C 71/12)
Language of the case: Spanish

Referring court

Juzgado de Primera Instancia de Barcelona

Parties to the main proceedings


Applicant: Cajas Rurales Unidas, Sociedad Cooperativa de Crédito

Defendants: Evaristo Méndez Sena, Edelmira Pérez Vicente, Daniel Méndez Sena, Victoriana Pérez Bicéntez

Questions referred







1.


Must the legislation of a Member State under which no provision is made for a right of appeal to a higher court in the event of the dismissal of an application, made in the course of mortgage enforcement proceedings, to have a contractual term disapplied on the ground that it is unfair, be interpreted as failing to provide adequate and effective means to prevent the continued use of unfair terms in contracts concluded with consumers by sellers or suppliers, and as failing to observe the right to take action before the competent national courts for a decision as to whether contractual terms drawn up for general use are unfair, so that those courts can apply appropriate and effective means to prevent the continued use of such terms?










2.


If the answer to Question 1 is in the affirmative, may the national court — in order to ensure that consumers are adequately and effectively protected against unfair contractual terms — of its own motion grant a consumer the right to have a higher court review the decision at first instance dismissing the application by that consumer to have a contractual term disapplied on the ground that it is unfair?