do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.7704 — Wilmar International/Fox Petroli/JV) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-08-19
Institutions: European Commission
Subjects: agro-industry, biofuel, chemical industry, economic concentration, merger control, oil industry








C_2015274EN.01000301.xml










19.8.2015   


EN


Official Journal of the European Union


C 274/3





Prior notification of a concentration
(Case M.7704 — Wilmar International/Fox Petroli/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 274/04)






1.


On 10 August 2015 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 Wilmar International Limited (‘Wilmar’, Singapore) and Fox Petrolifera Italiana SpA (‘Fox Petroli’, Italy) acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control in a newly established joint venture (‘JV’, Italy) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


The Wilmar Group’s business activities include oil palm cultivation, oilseed crushing, edible oils refining, sugar milling and refining, specialty fats, oleochemical, biodiesel and fertilizer manufacturing, and grain processing;










—


Fox Petroli engages in the transport, storage, processing and marketing of oil products, green fuels, and various relevant byproducts. It also operates a biodiesel manufacturing facility;










—


JV will be active in originating, manufacturing, and processing of raw materials, and production, distribution, and marketing of biodiesel and its byproducts in the EEA.














3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this 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 M.7704 — Wilmar International/Fox Petroli/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 ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Euro exchange rates
Date: 2015-08-19
Institutions: European Commission
Subjects: euro, exchange rate








C_2015274EN.01000201.xml










19.8.2015   


EN


Official Journal of the European Union


C 274/2





Euro exchange rates (1)

18 August 2015
(2015/C 274/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1060




JPY


Japanese yen


137,44




DKK


Danish krone


7,4633




GBP


Pound sterling


0,70420




SEK


Swedish krona


9,4282




CHF


Swiss franc


1,0798




ISK


Iceland króna


 




NOK


Norwegian krone


9,1555




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,021




HUF


Hungarian forint


309,01




PLN


Polish zloty


4,1626




RON


Romanian leu


4,4211




TRY


Turkish lira


3,1954




AUD


Australian dollar


1,5065




CAD


Canadian dollar


1,4494




HKD


Hong Kong dollar


8,5764




NZD


New Zealand dollar


1,6800




SGD


Singapore dollar


1,5514




KRW


South Korean won


1 307,94




ZAR


South African rand


14,2847




CNY


Chinese yuan renminbi


7,0720




HRK


Croatian kuna


7,5585




IDR


Indonesian rupiah


15 277,87




MYR


Malaysian ringgit


4,5240




PHP


Philippine peso


51,161




RUB


Russian rouble


72,6810




THB


Thai baht


39,308




BRL


Brazilian real


3,8564




MXN


Mexican peso


18,1860




INR


Indian rupee


72,2384






(1)  Source: reference exchange rate published by the ECB.
Non-opposition to a notified concentration (Case M.7575 — Iridium Concesiones de Infraestructuras/Aberdeen Infrastructure/Concessionaria Hospital Universitari Son Espases) (Text with EEA relevance)
Date: 2015-08-19
Institutions: European Commission
Subjects: economic concentration, investment company, medical institution, merger control








C_2015274EN.01000102.xml










19.8.2015   


EN


Official Journal of the European Union


C 274/1





Non-opposition to a notified concentration
(Case M.7575 — Iridium Concesiones de Infraestructuras/Aberdeen Infrastructure/Concessionaria Hospital Universitari Son Espases)
(Text with EEA relevance)
(2015/C 274/02)
On 8 July 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in Spanish language 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/homepage.html?locale=en) under document number 32015M7575. EUR-Lex is the on-line access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Non-opposition to a notified concentration (Case M.7613 — CBRE Group/Johnson Controls Facilities Management Business) (Text with EEA relevance)
Date: 2015-08-19
Institutions: European Commission
Subjects: economic concentration, merger control, provision of services, real estate business








C_2015274EN.01000101.xml










19.8.2015   


EN


Official Journal of the European Union


C 274/1





Non-opposition to a notified concentration
(Case M.7613 — CBRE Group/Johnson Controls Facilities Management Business)
(Text with EEA relevance)
(2015/C 274/01)
On 12 August 2015, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English language 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/homepage.html?locale=en) under document number 32015M7613. EUR-Lex is the on-line access to the European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Corrigendum to Summary of Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) — (published pursuant to Article 64(9) of Regulation (EC) No 1907/2006) (OJ C 91, 18.3.2015)
Date: 2015-08-19
Institutions: European Commission
Subjects: carcinogenic substance, chemical compound, chemical product, health control, health risk, market approval, marketing standard, toxic substance








C_2015274EN.01000501.xml










19.8.2015   


EN


Official Journal of the European Union


C 274/5





Corrigendum to Summary of Commission Decisions on authorisations for the placing on the market for the use and/or for use of substances listed in Annex XIV to Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) — (published pursuant to Article 64(9) of Regulation (EC) No 1907/2006)
(
Official Journal of the European Union C 91 of 18 March 2015
)
(2015/C 274/06)
On page 2:

for:

‘Date of expiry of review period: 21 February 2019’,


read:

‘Date of expiry of review period: 18 March 2019’.
Prior notification of a concentration (Case M.7738 — Naxicap/Banque publique d’investissement/DEFTA Group) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2015-08-19
Institutions: European Commission
Subjects: economic concentration, industrial financing, investment company, merger control, metallurgical industry








C_2015274EN.01000401.xml










19.8.2015   


EN


Official Journal of the European Union


C 274/4





Prior notification of a concentration
(Case M.7738 — Naxicap/Banque publique d’investissement/DEFTA Group)
Candidate case for simplified procedure
(Text with EEA relevance)
(2015/C 274/05)






1.


On 10 August 2015 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 Naxicap Partners (‘Naxicap’, France), belonging to the group Banque Populaire Caisse d’Epargne (‘BPCE’, France) and Fonds Avenir Automobile (‘FAA’, France), controlled by the management company Bpifrance Investissement, a wholly owned subsidiary of Bpifrance Participations, which is itself wholly owned by BPI Groupe (‘BPI Groupe SA’, France) acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control of DEFTA Group (‘DEFTA’, France) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   Naxicap: BPCE group’s asset management company, active in support of projects in growth capital, capital reorganisation, management asset diversification, and business transfer and business creation financing,
—   BPI Groupe SA: invests in the development of growth sectors in France, such as ecotechnology, biotechnology and digital services but also across all industrial and service sectors,
—   DEFTA: supplier to the automotive industry with a presence in five European countries.










3.


On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the 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 Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in this 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 e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7738 — Naxicap/Banque publique d’investissement/DEFTA 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 ‘Merger Regulation’).

(2)  OJ C 366, 14.12.2013, p. 5.
Case C-448/15: Request for a preliminary ruling from the Hof van beroep te Brussel (Belgium) lodged on 19 August 2015 — Belgische Staat v Comm. VA Wereldhave Belgium and Others
Date: 2015-08-19
Institutions: Court of Justice
Subjects: corporation tax, parent company, subsidiary, tax law, tax relief








C_2015363EN.01002301.xml










3.11.2015   


EN


Official Journal of the European Union


C 363/23





Request for a preliminary ruling from the Hof van beroep te Brussel (Belgium) lodged on 19 August 2015 — Belgische Staat v Comm. VA Wereldhave Belgium and Others
(Case C-448/15)
(2015/C 363/29)
Language of the case: Dutch

Referring court

Hof van beroep te Brussel

Parties to the main proceedings


Appellant: Belgische Staat

Respondents: Comm. VA Wereldhave Belgium, NV Wereldhave International, NV Wereldhave

Questions referred







1.


Is Council Directive 90/435/EEC (1) of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States to be construed as precluding a national rule that does not waive Belgian advance tax on income from investments in respect of dividend payments made by a Belgian subsidiary to a parent company established in the Netherlands that fulfils the condition of a minimum participating interest and the holding of such an interest, on the ground that the Netherlands parent company is a fiscal investment institution that is required to distribute all its profits to its shareholders and, subject to that proviso, is eligible for the zero rate of corporation tax?










2.


If the answer to the first question is in the negative, are Articles 49 (ex Article 43 TEC) and 63 (ex Article 56 TEC) of the Treaty on the Functioning of the European Union (in the version in force since the amendment and numbering by the Treaty of Lisbon) to be construed as precluding a national rule that does not waive Belgian advance tax on income from investments in respect of dividend payments made by a Belgian subsidiary to a parent company established in the Netherlands that fulfils the condition of a minimum participating interest and the holding of such an interest, on the ground that the Netherlands parent company is a fiscal investment institution that is required to pay all its profits to its shareholders and, subject to that proviso, is eligible for the zero rate of corporation tax?






(1)  OJ 1990 L 225, p. 6.
Case T-476/15: Action brought on 19 August 2015 — European Food v OHIM — Société des Produits Nestlé (FITNESS)
Date: 2015-08-19
Institutions: General Court
Subjects: EU trade mark, cereal flakes, confectionery product, registered trade mark, trade-mark law








C_2015337EN.01003702.xml










12.10.2015   


EN


Official Journal of the European Union


C 337/37





Action brought on 19 August 2015 — European Food v OHIM — Société des Produits Nestlé (FITNESS)
(Case T-476/15)
(2015/C 337/42)
Language in which the application was lodged: English

Parties


Applicant: European Food SA (Drăgăneşti, Romania) (represented by: I. Speciac, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Other party to the proceedings before the Board of Appeal: Société des Produits Nestlé SA (Vevey, Switzerland)

Details of the proceedings before OHIM


Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community word mark ‘FITNESS’ — Community trade mark No 2 470 326

Procedure before OHIM: Proceedings for a declaration of invalidity

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 19 June 2015 in Case R 2542/2013-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision and remit the case to the Office in order to issue a decision in compliance with the Court’s ruling;










—


as a subsidiary, alter the contested decision and cancel CTM Fitness no 2470326;










—


order OHIM to pay the costs generated by the current proceedings.





Pleas in law







—


Infringement of rule 37(b)(vi), rule 50(1) of Regulation No 2868/95 and Article 76 of Regulation No 207/2009;










—


Infringement of Article 7(1)(b) and Article 52(1)(a) of Regulation No 207/2009;










—


Infringement of Article 7(1)(c) and Article 52(1)(a) of Regulation No 207/2009.