do-me/EUR-LEX huggingface dataset:
Withdrawal of notification of a concentration (Case M.8158 — METRO/Colruyt France) (Text with EEA relevance )
Date: 2016-11-18
Institutions: European Commission
Subjects: consumer goods, economic concentration, merger control, supermarket, wholesale trade








C_2016424EN.01000101.xml










18.11.2016   


EN


Official Journal of the European Union


C 424/1





Withdrawal of notification of a concentration
(Case M.8158 — METRO/Colruyt France)
(Text with EEA relevance)
(2016/C 424/01)
On 13 October 2016, the Commission received notification of a proposed concentration between METRO AG and Colruyt France SAS. On 3 November 2016, the notifying party/ies informed the Commission that it/they withdrew its/their notification.
Case C-587/16 P: Appeal brought on 18 November 2016 by Skylotec GmbH against the judgment of the General Court (Second Chamber) of 13 September 2016 in Case T-146/15, hyphen GmbH v European Union Intellectual Property Office (EUIPO)
Date: 2016-11-18
Institutions: Court of Justice
Subjects: EU trade mark, clothing, registered trade mark, sports equipment, textile product, trade-mark law








C_2017121EN.01000901.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/9





Appeal brought on 18 November 2016 by Skylotec GmbH against the judgment of the General Court (Second Chamber) of 13 September 2016 in Case T-146/15, hyphen GmbH v European Union Intellectual Property Office (EUIPO)

(Case C-587/16 P)
(2017/C 121/12)
Language of the case: German

Parties


Appellant: Skylotec GmbH (represented by: M. De Zorti, Rechtsanwalt)

Other parties to the proceedings: European Union Intellectual Property Office (EUIPO), hyphen GmbH
By order of 28 February 2017, the Court of Justice of the European Union (Eighth Chamber) dismissed the appeal and ordered the appellant to bear its own costs.
Prior notification of a concentration (Case M.8260 — DCNS/SPI/DCNS Energies) — Candidate case for simplified procedure (Text with EEA relevance )
Date: 2016-11-18
Institutions: European Commission
Subjects: economic concentration, electrical engineering, merger control








C_2016424EN.01001401.xml










18.11.2016   


EN


Official Journal of the European Union


C 424/14





Prior notification of a concentration
(Case M.8260 — DCNS/SPI/DCNS Energies)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 424/08)






1.


On 11 November 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 DCNS SA (‘DCNS’, based in France, controlled jointly by the French State and the Thales group, itself controlled jointly by the French State and the Marcel Dassault group) and the fund SPI Société de Projets Industriels (‘SPI’, based in France, represented and managed by the undertaking Bpifrance Investissement, a member of the BPI group, itself controlled by the French State and the Caisse des Dépôts et Consignations) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of DCNS Energies (‘DCNS Energies’, France) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   DCNS: undertaking specialising in the design, construction and maintenance of submarines, surface vessels, naval defence systems and weapons systems, and in engineering, construction, installation, maintenance and project management in the marine renewable energy sector,
—   SPI: professional private equity fund investing in key projects for French industry,
—   DCNS Energies: undertaking grouping together all DCNS’s activities in the marine renewable energy sector (ocean thermal energy, floating wind power and wave energy).










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 any observations on the proposed operation to the Commission.
Observations must reach the Commission not later than 10 days following the date of publication of this notification. 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.8260 — DCNS/SPI/DCNS Energies, 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.8281 — Mitsubishi Corporation/Mitsubishi Motors Corporation/KTB-Trading) — Candidate case for simplified procedure (Text with EEA relevance )
Date: 2016-11-18
Institutions: European Commission
Subjects: economic concentration, merger control, motor vehicle industry








C_2016424EN.01001101.xml










18.11.2016   


EN


Official Journal of the European Union


C 424/11





Prior notification of a concentration
(Case M.8281 — Mitsubishi Corporation/Mitsubishi Motors Corporation/KTB-Trading)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 424/05)






1.


On 9 November 2016, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Mitsubishi Corporation (‘MC’, Japan) and Mitsubishi Motors Corporation (‘MMC’, Japan) will acquire joint control over PT Krama Yudha Tiga Berlian Trading (‘KTB-Trading’, Indonesia) within the meaning of Article 3(1)(b) of the Merger Regulation, by means of purchase of shares.










2.


The business activities of the undertakings concerned are:






—


MC is a company which develops and operates businesses across several industries including environmental and infrastructure business, industrial finance, energy, metals, machinery, chemicals and foods,










—


MMC is a manufacturer and supplier of passenger cars and light commercial vehicles. In October 2016, MMC became part of the global alliance between Nissan and Renault,










—


KTB-Trading operates a business distributing MMC-brand vehicles in Indonesia.














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.8281 — Mitsubishi Corporation/Mitsubishi Motors Corporation/KTB-Trading, 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.8295 — AXA/ATP/Target) — Candidate case for simplified procedure (Text with EEA relevance )
Date: 2016-11-18
Institutions: European Commission
Subjects: economic concentration, merger control, property leasing, real estate market








C_2016424EN.01001001.xml










18.11.2016   


EN


Official Journal of the European Union


C 424/10





Prior notification of a concentration
(Case M.8295 — AXA/ATP/Target)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 424/04)






1.


On 8 November 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings AXA S.A. (‘AXA’, France) and Arbejdsmarkedets Tillægspension (‘ATP’, Denmark) indirectly acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of a building under construction in the Netherlands that will mainly comprise a hotel, by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


AXA is a global insurance group, headquartered in Paris. The group companies of AXA are active in life, health and other forms of insurance, as well as investment management.










—


ATP is a Danish public pension fund under the supervision of the Danish Financial Supervisory Authority. It administers a number of welfare and social security schemes.














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.8295 — AXA/ATP/Target, 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.
Decision
Date: 2016-11-18
Institutions: European Parliament, Secretariat-General of the European Parliament
Subjects: European official, appointment of staff, competition (EU), recruitment, staff regulations (EU)








C_2016472EN.01000101.xml










16.12.2016   


EN


Official Journal of the European Union


C 472/1





DECISION
(2016/C 472/01)
THE SECRETARY-GENERAL OF THE EUROPEAN PARLIAMENT,






—


HAVING REGARD TO Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), as amended by Council Regulation (EC, Euratom) No 723/2004 (2) and most recently by Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union (3), in particular Article 30 of those Staff Regulations,










—


HAVING REGARD TO the Bureau decision of 13 January 2014 on the delegation of the powers of the appointing authority and of the authority empowered to conclude contracts of employment (AECE),










—


HAVING REGARD TO the expiry date of 31 December 2016 set for the following European Parliament reserve lists:






—


AD/1/12, PE/106/S, PE/124/S, AST/4/11, AST/5/11, PE/165/S,














—


HAVING REGARD TO the opinion of the Joint Committee issued at its meeting of 5 October 2016,




HAS DECIDED:
Article 1
The period of validity of the following reserve lists:






 


AD/1/12, PE/165/S, AST/4/11,




shall be extended until 31 December 2017.
Article 2
The period of validity of the following reserve lists:






 


PE/106/S, PE/124/S, AST/5/11,




shall not be extended.

Luxembourg, 18 November 2016.

Klaus WELLE

Secretary-General





(1)  OJ L 56, 4.3.1968, p. 1.

(2)  OJ L 124, 27.4.2004, p. 1.

(3)  OJ L 287, 29.10.2013, p. 15.
Case C-588/16 P: Appeal brought on 18 November 2016 by Generics (UK) Ltd against the judgment of the General Court (Ninth Chamber) delivered on 8 September 2016 in Case T-469/13: Generics (UK) v Commission
Date: 2016-11-18
Institutions: Court of Justice
Subjects: European patent, cartel, competition policy, control of restrictive practices, generic drug, market access, patent law, restriction on competition, sanction (EU)








C_2017030EN.01002301.xml










30.1.2017   


EN


Official Journal of the European Union


C 30/23





Appeal brought on 18 November 2016 by Generics (UK) Ltd against the judgment of the General Court (Ninth Chamber) delivered on 8 September 2016 in Case T-469/13: Generics (UK) v Commission
(Case C-588/16 P)
(2017/C 030/28)
Language of the case: English

Parties


Appellant: Generics (UK) Ltd (represented by: I. Vandenborre, advocaat, T. Goetz, Rechtsanwalt)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:






—


annul the judgment or take such other action as justice may require.





Pleas in law and main arguments







1.



First plea-in-law. The Court has failed to demonstrate that the Settlement Agreements constitute infringements ‘by object’, within the meaning of the Cartes Bancaires judgment. In particular, the Court does not explain how the Settlement Agreements reveal in themselves a sufficient degree of harm to competition without the need to assess their actual and potential effects. Instead, the Court expresses doubt and uncertainty in relation to critical points of the analysis of the Settlement Agreements.










2.



Second plea-in-law. The evidence supporting the Court's findings does not meet the requirement of accurate, reliable, consistent and comprehensive evidence, which this Court has identified as necessary to meet the burden of proving a ‘by object’ infringement.










3.



Third plea-in-law. The Court reverses the burden of proof when it imposes a requirement on Generics (UK) to demonstrate that litigation certainly would have ensued in case of a launch at risk, and that Generics (UK) would certainly have lost in litigation, to support the legality of the Settlement Agreements.










4.



Fourth plea-in-law. The Court failed to exercise a full review of the rejection of the applicability of Article 101(3) TFEU by the Commission.










5.



Fifth plea-in-law. The Court erred in law by applying its powers of judicial review ultra vires in establishing a new infringement of Article 101(1) TFEU that was not formulated in the Decision and substituting its own findings for those of the Commission.










6.



Sixth plea-in-law. The Court failed to identify clear, precise and consistent evidence to support a finding that Generics (UK) committed the alleged infringement intentionally or negligently as required pursuant to Article 23(2) of Council Regulation (EC) No 1/2003 (1) of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty.






(1)  OJ 2003, L 1, p. 1.
Case T-811/16: Action brought on 18 November 2016 — Di Bernardo v Commission
Date: 2016-11-18
Institutions: General Court
Subjects: EPSO, European official, competition (EU), professional experience, professional qualifications








C_2017030EN.01004902.xml










30.1.2017   


EN


Official Journal of the European Union


C 30/49





Action brought on 18 November 2016 — Di Bernardo v Commission
(Case T-811/16)
(2017/C 030/57)
Language of the case: French

Parties


Applicant: Danilo Di Bernardo (Brussels, Belgium) (represented by: S. Orlandi and T. Martin, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


annul the decision of 10 August 2016 by which the selection board in Open Competition EPSO/AST-SC/03/15 excluded the applicant from that competition;










—


order the Commission to pay all of the costs in any event.





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 a number of manifest errors of assessment on the part of the selection board when evaluating the applicant’s professional experience.










2.


Second plea in law, raised in the alternative, alleging insufficient reasoning of the contested decision on the basis of the failure to inform the applicant of the selection criteria established by the selection board.
Euro exchange rates
Date: 2016-11-18
Institutions: European Commission
Subjects: euro, exchange rate








C_2016424EN.01000201.xml










18.11.2016   


EN


Official Journal of the European Union


C 424/2





Euro exchange rates (1)

17 November 2016
(2016/C 424/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0717 




JPY


Japanese yen


117,12 




DKK


Danish krone


7,4419 




GBP


Pound sterling


0,86055 




SEK


Swedish krona


9,8368 




CHF


Swiss franc


1,0737 




ISK


Iceland króna


 




NOK


Norwegian krone


9,0878 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,050 




HUF


Hungarian forint


309,36 




PLN


Polish zloty


4,4448 




RON


Romanian leu


4,5187 




TRY


Turkish lira


3,5712 




AUD


Australian dollar


1,4359 




CAD


Canadian dollar


1,4389 




HKD


Hong Kong dollar


8,3133 




NZD


New Zealand dollar


1,5143 




SGD


Singapore dollar


1,5180 




KRW


South Korean won


1 261,17 




ZAR


South African rand


15,2932 




CNY


Chinese yuan renminbi


7,3621 




HRK


Croatian kuna


7,5228 




IDR


Indonesian rupiah


14 331,31 




MYR


Malaysian ringgit


4,6962 




PHP


Philippine peso


53,130 




RUB


Russian rouble


69,2184 




THB


Thai baht


37,981 




BRL


Brazilian real


3,6550 




MXN


Mexican peso


21,7504 




INR


Indian rupee


72,7350 






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case M.8148 — Brisa/Áreas/Brisáreas) — Candidate case for simplified procedure (Text with EEA relevance )
Date: 2016-11-18
Institutions: European Commission
Subjects: catering industry, economic concentration, land transport, merger control








C_2016424EN.01001201.xml










18.11.2016   


EN


Official Journal of the European Union


C 424/12





Prior notification of a concentration
(Case M.8148 — Brisa/Áreas/Brisáreas)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 424/06)






1.


On 9 November 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 Brisa — Auto-Estradas de Portugal SA (‘Brisa’, Portugal) and Áreas Portugal — Restauração e Distribução SA (‘Áreas’, Portugal), controlled by Elior SA (France) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of Brisáreas (‘BAS’, Portugal) by way of purchase of shares in a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:
—   for Brisa: construction, maintenance and operation of motorway concessions; provision of services ancillary to road mobility, in particular the ‘Via Verde’ service; and provision of car inspection services,
—   for Áreas: provision of meals in a system of concession foodservices at airports, railway stations, motorways service areas and recreational areas. In Portugal, Áreas provides foodservices at airports and motorways,
—   for Brisáreas: management, operation and commercial development of service areas in certain motorways operated by Brisa in Portugal.










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.8148 — Brisa/Áreas/Brisáreas, 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.8268 — Norinco/Delphi’s Mechatronics Business) — Candidate case for simplified procedure (Text with EEA relevance )
Date: 2016-11-18
Institutions: European Commission
Subjects: economic concentration, electrical engineering, merger control, military equipment, motor vehicle industry








C_2016424EN.01001301.xml










18.11.2016   


EN


Official Journal of the European Union


C 424/13





Prior notification of a concentration
(Case M.8268 — Norinco/Delphi’s Mechatronics Business)
Candidate case for simplified procedure
(Text with EEA relevance)
(2016/C 424/07)






1.


On 9 November 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 Northeast Industries Group Co. Ltd (China) controlled by China North Industries Group Corporation (China) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the entire mechatronics business of Delphi Automotive PLC (UK) by way of purchase of shares in Delphi Packard España, S.L.U. (Spain) as well as by purchase of assets in Poland, Mexico, China and Brazil (hereinafter the business is referred to as ‘Delphi’s Mechatronics Business’).










2.


The business activities of the undertakings concerned are:






—


China North Industries Group Corporation is a conglomerate specialised in defence products, although it has some business lines in different sectors such as petroleum and gas, mineral, engineering, civilian explosives, automotive, photoelectric and service industries, focussing on markets outside of Europe,










—


Delphi’s Mechatronics Business is a business unit manufacturing mechatronics modules and switches to the automotive industry with assets located in Spain, Poland, Mexico, China and Brazil.














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.8268 — Norinco/Delphi’s Mechatronics Business, 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.