do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.7914 — KKR & Co./Webhelp SAS) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-02-12
Institutions: European Commission
Subjects: economic concentration, information technology industry, investment company, merger control








C_2016053EN.01000701.xml










12.2.2016   


EN


Official Journal of the European Union


C 53/7





Prior notification of a concentration
(Case M.7914 — KKR & Co./Webhelp SAS)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 53/04)






1.


On 4 February 2016, 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 KKR & Co. LP (‘KKR’, United States of America) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the undertaking Webhelp SAS (‘Webhelp’, France) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for KKR: a global investment firm offering a broad range of alternative asset management services to public and private market investors and providing capital markets solutions,
—   for Webhelp: IT services provider active primarily in the provision of business process outsourcing services.










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.7914 — KKR & Co./Webhelp SAS, 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-80/16: Request for a preliminary ruling from the Tribunal administratif de Montreuil (France) lodged on 12 February 2016 — ArcelorMittal Atlantique et Lorraine v Ministère de l’Écologie, du Développement durable et de l'Énergie
Date: 2016-02-12
Institutions: Court of Justice
Subjects: EU emission allowance, air quality, combustion gases, energy production, greenhouse gas, reduction of gas emissions, technical specification, tradeable emission permit








C_2016136EN.01001801.xml










18.4.2016   


EN


Official Journal of the European Union


C 136/18





Request for a preliminary ruling from the Tribunal administratif de Montreuil (France) lodged on 12 February 2016 — ArcelorMittal Atlantique et Lorraine v Ministère de l’Écologie, du Développement durable et de l'Énergie
(Case C-80/16)
(2016/C 136/24)
Language of the case: French

Referring court

Tribunal administratif de Montreuil

Parties to the main proceedings


Applicant: ArcelorMittal Atlantique et Lorraine

Defendant: Ministère de l’Écologie, du Développement durable et de l'Énergie

Questions referred







1.


In its Decision 2011/278/EU (1), did the European Commission, by excluding emissions from recycled waste gases used in the production of electricity from the benchmark value for hot metal, contravene Article 10a(1) of Directive 2003/87/EC (2) concerning the rules for establishing ex-ante benchmarks, and in particular the objective of efficient energy recovery of waste gases and the option of allocating allowances free of charge in the case of electricity produced from waste gases?










2.


By basing its determination of the benchmark for hot metal in that decision on the data in the iron and steel ‘BREF’ and the ‘LDSD 2007’, did the Commission infringe the obligation to use the most exact and up-to-date scientific data available and/or the principle of sound administration?










3.


In Decision 2011/278/EU, is the European Commission’s inclusion, if proven, of a factory producing both sintered ore and pellets in the reference installations for determining the benchmark for sintered ore such as to vitiate the value of that benchmark on grounds of illegality?










4.


Did the Commission, by failing to state specifically the reasons for proceeding in that way in Decision 2011/278/EU, infringe the obligation to state reasons laid down in Article 296 of the Treaty on the Functioning of the European Union?






(1)  Commission Decision of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ 2011 L 130, p. 1).

(2)  Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ 2003 L 275, p. 32).
Council Decision (EU) 2016/206 of 12 February 2016 appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions
Date: 2016-02-12
Institutions: Council of the European Union
Subjects: Austria, European Committee of the Regions, appointment of members








L_2016039EN.01004401.xml










16.2.2016   


EN


Official Journal of the European Union


L 39/44








            COUNCIL DECISION (EU) 2016/206
of 12 February 2016
         
appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,


Having regard to the proposal of the Austrian Government,

Whereas:







(1)


On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.












(2)


An alternate member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Johannes PEINSTEINER,





HAS ADOPTED THIS DECISION:



Article 1
The following is hereby appointed as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:






—


Dr Carmen KIEFER, Vizebürgermeisterin der Marktgemeinde Kuchl.






Article 2
This Decision shall enter into force on the date of its adoption.




Done at Brussels, 12 February 2016.


For the Council


The President

J.R.V.A. DIJSSELBLOEM
            





(1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

(2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

(3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).
Case C-81/16 P: Appeal brought on 12 February 2016 by the Kingdom of Spain against the judgment of the General Court (Fifth Chamber) delivered on 26 November 2015 in Case T-461/13 Spain v Commission
Date: 2016-02-12
Institutions: Court of Justice
Subjects: Spain, State aid, control of State aid, financial aid, high-definition television, regions of Spain, reimbursement of aid, services of general interest








C_2016118EN.01002101.xml










4.4.2016   


EN


Official Journal of the European Union


C 118/21





Appeal brought on 12 February 2016 by the Kingdom of Spain against the judgment of the General Court (Fifth Chamber) delivered on 26 November 2015 in Case T-461/13 Spain v Commission
(Case C-81/16 P)
(2016/C 118/22)
Language of the case: Spanish

Parties


Appellant: Kingdom of Spain (represented by: A. Rubio González, acting as Agent)

Other party to the proceedings: European Commission

Form of order sought







—


Grant the appeal and set aside the judgment of the General Court of 26 November 2015 in Case T-461/13 Spain v Commission;










—


Annul Commission Decision 2014/489/UE (1) of 19 June 2013 on State aid SA.28599 (C 23/10) (ex NN 36/10, ex CP 163/09) implemented by the Kingdom of Spain for the deployment of digital terrestrial television in remote and less urbanised areas (outside Castilla-La Mancha);










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Error of law relating to the control of Member States regarding the definition and application of a service of general economic interest. As regards the first condition laid down in the judgment in Altmark, (2) the General Court refused to check whether or not the Commission had examined all the relevant factors in assessing the definition of a public service. Likewise, the General Court failed to check whether or not the Commission had examined all the relevant elements in order to assess whether the fourth condition laid down in the judgment in Altmark had been fulfilled. Accordingly, the General Court infringed the discretion allowing a Member State to organise its public service.

Error of law relating to judicial control of the compatibility of State aid. In the first place, the General Court failed to check the accuracy of the facts on which the Commission based its analysis. Accordingly, the judgment fails to review the reliability, consistency and relevance of the data used by the Commission. Finally, the General Court failed to check the validity of the Commission’s conclusions.


(1)  OJ 2014 L 217, p. 52.

(2)  EU:C:2003:415.
Case T-61/16: Action brought on 12 February 2016 — Coca-Cola v EUIPO — Mitico (Master)
Date: 2016-02-12
Institutions: General Court
Subjects: EU trade mark, non-alcoholic beverage, registered trade mark, trade-mark law








C_2016111EN.01003801.xml










29.3.2016   


EN


Official Journal of the European Union


C 111/38





Action brought on 12 February 2016 — Coca-Cola v EUIPO — Mitico (Master)
(Case T-61/16)
(2016/C 111/46)
Language in which the application was lodged: English

Parties


Applicant: The Coca-Cola Company (Atlanta, United States) (represented by: S. Malynicz and S. Baran, Barristers; D. Stone and A. Dykes, Solicitors)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Modern Industrial & Trading Investment Co. Ltd (Mitico) (Damascus, Syria)

Details of the proceedings before EUIPO


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

Trade mark at issue: EU figurative mark containing the word element ‘Master’ — Application for registration No 9 091 612

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 2 December 2015 in Case R 1251/2015-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO and the EU trade mark Applicant to bear their own costs and pay those costs of the Applicant for Annulment at every stage of the opposition and appeal process, including the costs of these proceedings.





Pleas in law







—


Infringement of Article 8(5)(b) of Regulation No 207/2009;










—


Infringement of Article 65(6) of Regulation No 207/2009.
Euro exchange rates
Date: 2016-02-12
Institutions: European Commission
Subjects: euro, exchange rate








C_2016053EN.01000101.xml










12.2.2016   


EN


Official Journal of the European Union


C 53/1





Euro exchange rates (1)

11 February 2016
(2016/C 53/01)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1347




JPY


Japanese yen


127,30




DKK


Danish krone


7,4638




GBP


Pound sterling


0,78740




SEK


Swedish krona


9,5188




CHF


Swiss franc


1,1027




ISK


Iceland króna


 




NOK


Norwegian krone


9,7085




BGN


Bulgarian lev


1,9558




CZK


Czech koruna


27,069




HUF


Hungarian forint


311,98




PLN


Polish zloty


4,4485




RON


Romanian leu


4,4783




TRY


Turkish lira


3,3217




AUD


Australian dollar


1,6018




CAD


Canadian dollar


1,5842




HKD


Hong Kong dollar


8,8406




NZD


New Zealand dollar


1,6973




SGD


Singapore dollar


1,5774




KRW


South Korean won


1 362,83




ZAR


South African rand


17,9877




CNY


Chinese yuan renminbi


7,4592




HRK


Croatian kuna


7,6391




IDR


Indonesian rupiah


15 286,39




MYR


Malaysian ringgit


4,7033




PHP


Philippine peso


53,953




RUB


Russian rouble


90,8866




THB


Thai baht


39,995




BRL


Brazilian real


4,4836




MXN


Mexican peso


21,6064




INR


Indian rupee


77,6550






(1)  Source: reference exchange rate published by the ECB.
Council Decision (EU) 2016/192 of 12 February 2016 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of Národná banka Slovenska
Date: 2016-02-12
Institutions: Council of the European Union
Subjects: European System of Central Banks, Slovakia, accountant, auditing, central bank, euro area








L_2016038EN.01000701.xml










13.2.2016   


EN


Official Journal of the European Union


L 38/7








            COUNCIL DECISION (EU) 2016/192
of 12 February 2016
         
amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of Národná banka Slovenska


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Protocol No 4 on the Statute of the European System of Central Banks and of the European Central Bank, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and in particular Article 27.1 thereof,


Having regard to the Recommendation of the European Central Bank of 10 December 2015 to the Council of the European Union on the external auditors of Národná banka Slovenska (ECB/2015/45) (1),

Whereas:







(1)


The accounts of the European Central Bank (ECB) and of the national central banks of the Member States whose currency is the euro are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council.












(2)


The mandate of the external auditors of Národná banka Slovenska expired after the audit for the financial year 2014. It is therefore necessary to appoint external auditors from the financial year 2015.












(3)


Národná banka Slovenska has selected Ernst & Young Slovakia, spol. s r.o., as its external auditors for the financial years 2015 and 2016.












(4)


The Governing Council of the ECB has recommended that Ernst & Young Slovakia, spol. s r.o., should be appointed as the external auditors of Národná banka Slovenska for the financial years 2015 and 2016.












(5)


Following the recommendation of the Governing Council of the ECB, Council Decision 1999/70/EC (2) should be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
In Article 1 of Decision 1999/70/EC, paragraph 16 is replaced by the following:







‘16.


Ernst & Young Slovakia, spol. s r.o., is hereby approved as the external auditors of Národná banka Slovenska for the financial years 2015 and 2016.’.







Article 2
This Decision shall take effect on the date of its notification.


Article 3
This Decision is addressed to the ECB.




Done at Brussels, 12 February 2016.


For the Council


The President

J.R.V.A. DIJSSELBLOEM
            





(1)  
            OJ C 425, 18.12.2015, p. 1.

(2)  Council Decision 1999/70/EC of 25 January 1999 concerning the external auditors of the national central banks (OJ L 22, 29.1.1999, p. 69).
Case C-88/16 P: Appeal brought on 12 February 2016 by European Dynamics Luxembourg SA, Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE against the judgment of the General Court (Fourth Chamber) delivered on 2 December 2015 in Case T-553/13: European Dynamics Luxembourg and Evropaïki Dynamiki v Fusion for Energy
Date: 2016-02-12
Institutions: Court of Justice
Subjects: European Joint Undertaking, award of contract, damages, indemnification, information technology, infringement of EU law, invitation to tender, research and development, services contract








C_2016335EN.01003001.xml










12.9.2016   


EN


Official Journal of the European Union


C 335/30





Appeal brought on 12 February 2016 by European Dynamics Luxembourg SA, Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE against the judgment of the General Court (Fourth Chamber) delivered on 2 December 2015 in Case T-553/13: European Dynamics Luxembourg and Evropaïki Dynamiki v Fusion for Energy
(Case C-88/16 P)
(2016/C 335/38)
Language of the case: English

Parties


Appellants: European Dynamics Luxembourg SA, Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (represented by: M. Sfyri, C.-N. Dede, D. Papadopoulou, dikigoroi)

Other party to the proceedings: European Joint Undertaking for ITER and the Development of Fusion Energy (Fusion for Energy)
By order of 7 July 2016 the Court of Justice (Ninth Chamber) held that the appeal was inadmissible.
Prior notification of a concentration (Case M.7922 — Nordic Capital/Greendeli Investment Holding) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-02-12
Institutions: European Commission
Subjects: economic concentration, food industry, holding company, investment company, merger control, retail trade, wholesale trade








C_2016053EN.01000801.xml










12.2.2016   


EN


Official Journal of the European Union


C 53/8





Prior notification of a concentration
(Case M.7922 — Nordic Capital/Greendeli Investment Holding)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 53/05)






1.


On 5 February 2016, 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 Nordic Capital VIII Limited (‘Nordic Capital’, Jersey) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertaking Greendeli Investment Holding AB and its direct and indirect subsidiaries (‘Greendeli’, Sweden) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Nordic Capital: investment in large and medium-sized companies based in the Nordic region and in the German-speaking parts of Europe, which are active in a wide range of sectors,
—   for Greendeli: import, distribution and processing of fresh fruit and fresh vegetables in Sweden, Finland and Denmark.










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 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 M.7922 — Nordic Capital/Greendeli Investment Holding, 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.
Statement by the Commission on explanatory documents
Date: 2016-02-12
Institutions: European Commission
Subjects: Community certification, European Union Agency for Railways, intra-EU transport, national implementing measure, rail transport, safety standard, transport safety








C_2016057EN.01011301.xml










12.2.2016   


EN


Official Journal of the European Union


C 57/113





Statement by the Commission on explanatory documents
(2016/C 057/05)
The Commission recalls that the European Parliament, the Council and the Commission acknowledged in their Joint Political Declaration of 27 October 2011 on explanatory documents that the information Member States supply to the Commission as regards the transposition of directives in national law ‘must be clear and precise’ in order to facilitate the achievement by the Commission of its task overseeing the application of Union law. In the present case, explanatory documents could have been useful to this end. The Commission regrets that the final text does not contain provisions to this effect.
Prior notification of a concentration (Case M.7603 — Statoil Fuel & Retail/Dansk Fuels) (Text with EEA relevance)
Date: 2016-02-12
Institutions: European Commission
Subjects: economic concentration, merger control, motor fuel, oil industry, retail trade, wholesale trade








C_2016053EN.01000901.xml










12.2.2016   


EN


Official Journal of the European Union


C 53/9





Prior notification of a concentration
(Case M.7603 — Statoil Fuel & Retail/Dansk Fuels)
(Text with EEA relevance)
(2016/C 53/06)






1.


On 4 February 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Alimentation Couche-Tard Inc. (‘ACT’, Canada) via its subsidiary Statoil Fuel & Retail A/S (‘SFR’, Denmark), will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Dansk Fuels A/S (‘Dansk Fuels’, Denmark) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


SFR is ultimately controlled by Canadian company ACT. ACT is leader in the convenience store industry and has a global network of convenience stores and service stations. ACT is present in North America, Europe and Asia. SFR undertakes 3 categories of activities in Denmark: retail sale of motor fuels, commercial or non-retail sale of motor fuels and convenience retail sale of daily consumer goods and lubricants.










—


Dansk Fuels comprises Shell’s retail and non-retail sale of motor fuels and aviation fuels business in Denmark.














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.










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 M.7603 — Statoil Fuel & Retail/Dansk Fuels, 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’).