do-me/EUR-LEX huggingface dataset:
Case T-728/16: Action brought on 14 October 2016 — Tuerck v Commission
Date: 2016-10-14
Institutions: General Court
Subjects: European official, staff regulations (EU), transfer of pension rights








C_2016475EN.01001801.xml










19.12.2016   


EN


Official Journal of the European Union


C 475/18





Action brought on 14 October 2016 — Tuerck v Commission
(Case T-728/16)
(2016/C 475/28)
Language of the case: French

Parties


Applicant: Sabine Tuerck (Woluwe-Saint-Pierre, Belgium) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission

Form of order sought

Declare and rule that






—


the decision of 10 December 2015 confirming the transfer of the applicant’s pension rights is annulled;










—


the European Commission is ordered to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.






1.


First plea in law, alleging infringement of Article 7(1) of the General Implementing Provisions (GIP) of Articles 11 and 12 of Annex VIII to the Staff Regulations concerning the transfer of pension rights of 3 March 2011. That infringement was committed by the Appointing Authority when calculating the deduction of the amount representing the capital appreciation between the date of the application for a transfer and the actual date of the transfer.










2.


Second plea in law, alleging infringement of Article 11(2) of Annex VIII to the Staff Regulations insofar as the Appointing Authority took her promotion into account with retroactive effect in order to determine her basic pay at the date of the application for transfer of her pension rights.
Opinion of the Advisory Committee on restrictive practices and dominant positions concerning two draft decisions in Case AT.39745 — CDS Information Market — Rapporteur: Cyprus
Date: 2016-10-14
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: EU competition policy, control of restrictive practices, credit, credit institution, financial market, financial services, investment bank, restriction on competition, trade licence








C_2016378EN.01001101.xml










14.10.2016   


EN


Official Journal of the European Union


C 378/11





Opinion of the Advisory Committee on restrictive practices and dominant positions concerning two draft decisions in Case AT.39745 — CDS Information Market
Rapporteur: Cyprus
(2016/C 378/07)






1.


The Advisory Committee shares the Commission’s concerns expressed in its draft Decision as communicated to the Advisory Committee on 16 June 2016 under Article 101 of the Treaty on the Functioning of the European Union (TFEU) and Article 53 of the EEA Agreement.










2.


The Advisory Committee agrees with the Commission that the proceedings concerning Markit and the International Swaps and Derivatives Association (ISDA) can be concluded by means of a decision pursuant to Article 9(1) of Regulation (EC) No 1/2003.










3.


The Advisory Committee agrees with the Commission that the commitments offered by Markit and ISDA are suitable, necessary and proportionate, and should be made legally binding on both Markit and ISDA.










4.


The Advisory Committee agrees with the Commission that, in light of the commitments offered by Markit and ISDA there are no longer grounds for action by the Commission against Markit and ISDA, without prejudice to Article 9(2) of Regulation (EC) No 1/2003.










5.


The Advisory Committee asks the Commission to take into account any other points raised during the written consultation.










6.


The Advisory Committee recommends the publication of its Opinion in the Official Journal of the European Union.
Prior notification of a concentration (Case M.8146 — Carlyle/Schön Klinik) (Text with EEA relevance)
Date: 2016-10-14
Institutions: European Commission
Subjects: economic concentration, medical institution, merger control








C_2016378EN.01002401.xml










14.10.2016   


EN


Official Journal of the European Union


C 378/24





Prior notification of a concentration
(Case M.8146 — Carlyle/Schön Klinik)
(Text with EEA relevance)
(2016/C 378/13)






1.


On 7 October 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 CGP Peggy SARL (Luxembourg) a special purpose vehicle belonging to the Carlyle Group (‘Carlyle Group’), together with the Schön Family acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Schön Klink SE (Germany) and its direct and indirect subsidiaries and participations (‘Schön Klinik Group’) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Carlyle: is a global alternative asset manager. It manages funds that invest globally across four investment disciplines: (i) corporate private equity, (ii) real assets, (iii) global market strategies and (iv) investment solutions.
—   for Schön Klinik Group: private hospital operator for publicly and privately insured patients in Germany which focuses on the acute medical segments mental illnesses, orthopaedics and neurology.










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.8146 — Carlyle/Schön Klinik, 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’).
Case C-527/16: Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 14 October 2016 — Salzburger Gebietskrankenkasse, Bundesminister für Arbeit, Soziales und Konsumentenschutz
Date: 2016-10-14
Institutions: Court of Justice
Subjects: employer, expatriate worker, national law, social security legislation, social-security harmonisation








C_2017014EN.01002201.xml










16.1.2017   


EN


Official Journal of the European Union


C 14/22






Request for a preliminary ruling from the Verwaltungsgerichtshof (Austria) lodged on 14 October 2016 — Salzburger Gebietskrankenkasse, Bundesminister für Arbeit, Soziales und Konsumentenschutz
(Case C-527/16)
(2017/C 014/28)
Language of the case: German

Referring court

Verwaltungsgerichtshof

Parties to the main proceedings


Applicants: Salzburger Gebietskrankenkasse and Bundesminister für Arbeit, Soziales und Konsumentenschutz

Interveners: Alpenrind GmbH, Martin-Meat Szolgáltató és Kereskedelmi Kft, Martimpex-Meat Kft, Pensionsversicherungsanstalt and Allgemeine Unfallversicherungsanstalt

Questions referred







1.


Does Article 5 of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems, (1) which establishes the binding effect of documents within the meaning of Article 19(2) of Regulation (EC) No 987/2009, also apply in proceedings before a court within the meaning of Article 267 TFEU?










2.


If Question 1 is answered in the affirmative:






a)


Does the aforementioned binding effect also apply where proceedings had previously taken place before the Administrative Commission for the Coordination of Social Security Systems and such proceedings did not result either in agreement or in a withdrawal of the contested documents?










b)


Does the aforementioned binding effect also apply where an ‘A 1’ document is not issued until after the receiving Member State has formally determined that insurance is compulsory under its legislation? Does the binding effect also apply retroactively in such cases?














3.


In the event that, under certain conditions, the binding effect of documents within the meaning of Article 19(2) of Regulation (EC) No 987/2009 is limited:
Does it contravene the prohibition on replacement set forth in Article 12(1) of Regulation (EC) No 883/2004 if the replacement occurs not in the form of a posting by the same employer but instead by another employer? Does it matter whether






a)


the second employer has its registered office in the same Member State as the first employer, and










b)


the first and the second posting employer share staffing and/or organisational resources?










(1)  
            OJ 2004 L 284, p. 1.
Euro exchange rates
Date: 2016-10-14
Institutions: European Commission
Subjects: euro, exchange rate








C_2016378EN.01000201.xml










14.10.2016   


EN


Official Journal of the European Union


C 378/2





Euro exchange rates (1)

13 October 2016
(2016/C 378/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1038 




JPY


Japanese yen


114,49 




DKK


Danish krone


7,4395 




GBP


Pound sterling


0,90430 




SEK


Swedish krona


9,7365 




CHF


Swiss franc


1,0904 




ISK


Iceland króna


 




NOK


Norwegian krone


9,0768 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,021 




HUF


Hungarian forint


306,48 




PLN


Polish zloty


4,3020 




RON


Romanian leu


4,5030 




TRY


Turkish lira


3,4196 




AUD


Australian dollar


1,4604 




CAD


Canadian dollar


1,4620 




HKD


Hong Kong dollar


8,5637 




NZD


New Zealand dollar


1,5623 




SGD


Singapore dollar


1,5275 




KRW


South Korean won


1 251,86 




ZAR


South African rand


15,7803 




CNY


Chinese yuan renminbi


7,4261 




HRK


Croatian kuna


7,5120 




IDR


Indonesian rupiah


14 434,94 




MYR


Malaysian ringgit


4,6490 




PHP


Philippine peso


53,439 




RUB


Russian rouble


69,8060 




THB


Thai baht


39,273 




BRL


Brazilian real


3,5337 




MXN


Mexican peso


20,9532 




INR


Indian rupee


73,8375 






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case M.8219 — Clayton, Dubilier & Rice, Inc./Medical Depot Holdings, Inc.) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-10-14
Institutions: European Commission
Subjects: economic concentration, investment company, medical device, merger control








C_2016378EN.01002201.xml










14.10.2016   


EN


Official Journal of the European Union


C 378/22





Prior notification of a concentration
(Case M.8219 — Clayton, Dubilier & Rice, Inc./Medical Depot Holdings, Inc.)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 378/11)






1.


On 5 October 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which CD&R Reign Topco, Inc. ultimately controlled by Clayton, Dubilier & Rice, Inc. (‘CD&R’, United States) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Medical Depot Holdings, Inc., doing business as Drive DeVilbiss Healthcare (‘Drive’, United States), by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for CD&R: an equity investor in management buyouts, strategic minority equity investments and other strategic investments through funds controlling a number of portfolio companies which are active in a variety of economic sectors, globally,
—   for Drive: manufacturing and distribution of medical equipment, including mobility products, sleep and respiratory products, beds, bariatric products, wheelchairs, sleep surfaces and pressure prevention products, self-assist products, power operated wheelchairs, rehabilitation products, patient room equipment, personal care products and electrotherapy devices, predominantly for patients’ home care needs, globally.










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.8219 — Clayton, Dubilier & Rice, Inc./Medical Depot Holdings, Inc., 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.
Prior notification of a concentration (Case M.8208 — CPPIB/Glencore/Glencore Agri) — Candidate case for simplified procedure (Text with EEA relevance)
Date: 2016-10-14
Institutions: European Commission
Subjects: agricultural product, economic concentration, maritime transport, merger control, wholesale trade








C_2016378EN.01002301.xml










14.10.2016   


EN


Official Journal of the European Union


C 378/23





Prior notification of a concentration
(Case M.8208 — CPPIB/Glencore/Glencore Agri)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 378/12)






1.


On 6 October 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 undertakings Canada Pension Plan Investment Board (‘CPPIB’, Canada) and Glencore plc (‘Glencore’, Switzerland) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Glencore Agriculture Limited (‘Glencore Agri’, Switzerland) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for CPPIB: investment in public equities, private equities, real estate, infrastructure and fixed income instruments,
—   for Glencore: supply and trading of a wide range of commodities and raw materials, including metals, minerals, oil and oil products, coal and agricultural products around the world. Its customers are commercial firms, active in the automotive, steel, power generation, oil and food processing sectors,
—   for Glencore Agri: origination and marketing of agricultural products, including grains, oils/oilseeds, cotton, sugar and bio-diesel.










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 M.8208 — CPPIB/Glencore/Glencore Agri, 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.