do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.8369 — KKR/Hitachi Koki) (Text with EEA relevance. )
Date: 2017-03-03
Institutions: European Commission
Subjects: economic concentration, merger control, tool industry








C_2017067EN.01000102.xml










3.3.2017   


EN


Official Journal of the European Union


C 67/1





Non-opposition to a notified concentration
(Case M.8369 — KKR/Hitachi Koki)
(Text with EEA relevance)
(2017/C 67/02)
On 21 February 2017, 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 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 32017M8369. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Prior notification of a concentration (Case M.8395 — Bridgepoint/Zenith) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-03-03
Institutions: European Commission
Subjects: economic concentration, merger control, vehicle rental








C_2017067EN.01002101.xml










3.3.2017   


EN


Official Journal of the European Union


C 67/21





Prior notification of a concentration
(Case M.8395 — Bridgepoint/Zenith)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 67/12)






1.


On 23 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Bridgepoint Group Limited (‘Bridgepoint’, United Kingdom) acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Zenith Group Holdings Limited (‘Zenith’, United Kingdom) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Bridgepoint: independently owned private equity group focused on investing in established European middle market businesses in a broad range of sectors, including consumer/retail, business services, industrials, financial services, healthcare and media. Bridgepoint acquired Contract Vehicles Limited (‘CVL’, United Kingdom) on February 17, 2017. CVL provides contract hire and fleet management solutions mainly for heavy commercial vehicles in the United Kingdom.
—   for Zenith: independent provider of vehicle leasing, outsourcing and fleet management services, to corporate customers.










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.8395 — Bridgepoint/Zenith 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-114/17 P: Appeal brought on 3 March 2017 by the Kingdom of Spain against the judgment of the General Court (Fifth Chamber) delivered on 15 December 2016 in Case T-808/14, Spain v Commission
Date: 2017-03-03
Institutions: Court of Justice
Subjects: Castile-La Mancha, State aid, control of State aid, digitisation, financial aid, high-definition television, peripheral region, principle of legal certainty, reimbursement of aid, services of general interest








C_2017129EN.01001101.xml










24.4.2017   


EN


Official Journal of the European Union


C 129/11





Appeal brought on 3 March 2017 by the Kingdom of Spain against the judgment of the General Court (Fifth Chamber) delivered on 15 December 2016 in Case T-808/14, Spain v Commission
(Case C-114/17 P)
(2017/C 129/13)
Language of the case: Spanish

Parties


Appellant: Kingdom of Spain (represented by: M. J. García-Valdecasas Dorrego, acting as Agent)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:






—


set aside the judgment of the General Court of 15 December 2016 in Case T-808/14, Kingdom of Spain v Commission;










—


annul Commission Decision C(2014) 6846 final of 1 October 2014 on State aid SA.27408 (C 24/2010) (ex NN 37/2010, ex CP 19/2009) granted by the Kingdom of Spain for the deployment of digital terrestrial television in remote and less urbanised areas of Castilla-La Mancha;










—


order the Commission to pay the costs.





Pleas in law and main arguments







1.


Error of law in relation to the interpretation of Article 1 of the contested decision, before its amendment, and in relation to the principles of sound administration and legal certainty, in that the General Court considered that that article also referred to the provision of equipment and that it did not entail any new obligation for the Kingdom of Spain.










2.


Error of law in relation to the review of the Member States’ definition and application of a Service of General Economic Interest, with regard to both the first and the fourth criteria established in Altmark Trans and Regirungspräsidum Magdebrug (C-280/00, EU:C:2003:415).










3.


Error of law in relation to the judicial review of the compatibility of the aid, in accordance with Article 107(3)(c) TFEU, in that the General Court concluded that the measure in question was incompatible with the internal market because of the failure to observe the principle of technological neutrality.
Prior notification of a concentration (Case M.8261 — Lanxess/Chemtura) (Text with EEA relevance. )
Date: 2017-03-03
Institutions: European Commission
Subjects: chemical industry, economic concentration, merger control








C_2017067EN.01002001.xml










3.3.2017   


EN


Official Journal of the European Union


C 67/20





Prior notification of a concentration
(Case M.8261 — Lanxess/Chemtura)
(Text with EEA relevance)
(2017/C 67/11)






1.


On 24 February 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Lanxess AG (Germany) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of the undertakings Chemtura Corporation (United States of America) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Lanxess: Lanxess is a specialty chemicals group based in Cologne, Germany. Lanxess’ core business is the development, manufacturing and marketing of plastics, rubber, intermediates and specialty chemicals, including flame retardants and lubricant additives,
—   for Chemtura: Chemtura is a global specialty chemicals company, headquartered in Philadelphia, Pennsylvania (United States), with its other principal executive office in Middlebury, Connecticut (United States).










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.8261 — Lanxess/Chemtura, 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 T-556/16: Order of the General Court of 3 March 2017 — GX v Commission (Civil service — Recruitment — Notice of competition — Open Competition EPSO/AD/248/13 — Decision not to include the applicant on the reserve list — Action manifestly lacking any foundation in law)
Date: 2017-03-03
Institutions: General Court
Subjects: EPSO, administrator, building industry, building safety, competition (EU), damages, indemnification, staff regulations (EU)








C_2017144EN.01004601.xml










8.5.2017   


EN


Official Journal of the European Union


C 144/46





Order of the General Court of 3 March 2017 — GX v Commission
(Case T-556/16) (1)

((Civil service - Recruitment - Notice of competition - Open Competition EPSO/AD/248/13 - Decision not to include the applicant on the reserve list - Action manifestly lacking any foundation in law))
(2017/C 144/63)
Language of the case: English

Parties


Applicant: GX (represented by: G.-M. Enache, lawyer)

Defendant: European Commission (represented by: G. Gattinara and F. Simonetti, acting as Agents)

Re:

Application under Article 270 TFEU seeking, first, annulment of the decision of the selection board in Open Competition EPSO/AD/248/13 of 20 August 2014 not to include the applicant on the reserve list and, secondly, compensation in respect of the material and non-material harm allegedly suffered by the applicant on account of that decision.

Operative part of the order







1.


The action is dismissed.










2.


GX shall pay the costs.






(1)  OJ C 279, 24.8.2015 (case initially registered before the European Union Civil Service Tribunal as Case F-89/15 and transferred to the General Court of the European Union on 1 September 2016).
Council Decision (CFSP) 2017/381 of 3 March 2017 amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
Date: 2017-03-03
Institutions: Council of the European Union
Subjects: Ukraine, economic sanctions, international sanctions, natural person








L_2017058EN.01003401.xml










4.3.2017   


EN


Official Journal of the European Union


L 58/34








            COUNCIL DECISION (CFSP) 2017/381
of 3 March 2017
         
amending Decision 2014/119/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,


Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:







(1)


On 5 March 2014, the Council adopted Decision 2014/119/CFSP (1).












(2)


On 4 March 2016 the Council extended the restrictive measures against 16 persons until 6 March 2017 (2).












(3)


On the basis of a review of the restrictive measures set out in Decision 2014/119/CFSP, the application of those restrictive measures should be extended until 6 March 2018. The entry for one person listed in the Annex to Decision 2014/119/CFSP should be deleted.












(4)


Decision 2014/119/CFSP should therefore be amended accordingly,





HAS ADOPTED THIS DECISION:



Article 1
Decision 2014/119/CFSP is amended as follows:






(1)


in Article 5, the second paragraph is replaced by the following:
‘This Decision shall apply until 6 March 2018.’;










(2)


the Annex is amended as set out in in the Annex to this Decision.






Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.




Done at Brussels, 3 March 2017.


For the Council


The President

M. FARRUGIA
            





(1)  Council Decision 2014/119/CFSP of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (OJ L 66, 6.3.2014, p. 26).

(2)  Council Decision (CFSP) 2016/318 of 4 March 2016 amending Decision 2014/119/CFSP concerning restrictive measures against certain persons, entities and bodies in view of the situation in Ukraine (OJ L 60, 5.3.2016 p. 76).




ANNEX
In the Annex to Decision 2014/119/CFSP the entry relating to the following person is deleted:






16.


Yuriy Volodymyrovych Ivanyushchenko
Euro exchange rates
Date: 2017-03-03
Institutions: European Commission
Subjects: euro, exchange rate








C_2017067EN.01000201.xml










3.3.2017   


EN


Official Journal of the European Union


C 67/2





Euro exchange rates (1)

2 March 2017
(2017/C 67/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0514 




JPY


Japanese yen


120,24 




DKK


Danish krone


7,4336 




GBP


Pound sterling


0,85560 




SEK


Swedish krona


9,5195 




CHF


Swiss franc


1,0651 




ISK


Iceland króna


 




NOK


Norwegian krone


8,8830 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,021 




HUF


Hungarian forint


308,33 




PLN


Polish zloty


4,2941 




RON


Romanian leu


4,5220 




TRY


Turkish lira


3,8972 




AUD


Australian dollar


1,3840 




CAD


Canadian dollar


1,4069 




HKD


Hong Kong dollar


8,1622 




NZD


New Zealand dollar


1,4823 




SGD


Singapore dollar


1,4840 




KRW


South Korean won


1 204,29 




ZAR


South African rand


13,7799 




CNY


Chinese yuan renminbi


7,2399 




HRK


Croatian kuna


7,4193 




IDR


Indonesian rupiah


14 045,13 




MYR


Malaysian ringgit


4,6777 




PHP


Philippine peso


52,997 




RUB


Russian rouble


61,6805 




THB


Thai baht


36,804 




BRL


Brazilian real


3,2687 




MXN


Mexican peso


20,9495 




INR


Indian rupee


70,2000 






(1)  Source: reference exchange rate published by the ECB.
Council Implementing Regulation (EU) 2017/374 of 3 March 2017 implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine
Date: 2017-03-03
Institutions: Council of the European Union
Subjects: Ukraine, economic sanctions, international sanctions, natural person








L_2017058EN.01000101.xml










4.3.2017   


EN


Official Journal of the European Union


L 58/1








            COUNCIL IMPLEMENTING REGULATION (EU) 2017/374
of 3 March 2017
         
implementing Regulation (EU) No 208/2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,


Having regard to Council Regulation (EU) No 208/2014 of 5 March 2014 concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Ukraine (1), and in particular Article 14(1) and (4) thereof,


Having regard to the proposal from the High Representative of Foreign Affairs and Security Policy,

Whereas:







(1)


On 5 March 2014, the Council adopted Regulation (EU) No 208/2014.












(2)


On the basis of a review by the Council, the entry for one person listed in Annex I to Regulation (EU) No 208/2014 should be deleted.












(3)


Annex I to Regulation (EU) No 208/2014 should therefore be amended accordingly,





HAS ADOPTED THIS REGULATION:



Article 1
Annex I to Regulation (EU) No 208/2014 is amended as set out in the Annex to this Regulation.


Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.




This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 3 March 2017.


For the Council


The President

M. FARRUGIA
            





(1)  
            OJ L 66, 6.3.2014, p. 1.




ANNEX
In Annex I to Regulation (EU) No 208/2014, the entry relating to the following person is deleted:






16.


Yuriy Volodymyrovych Ivanyushchenko
Case C-110/17: Action brought on 3 March 2017 — European Commission v Kingdom of Belgium
Date: 2017-03-03
Institutions: Court of Justice
Subjects: basis of tax assessment, building, free movement of capital, property leasing








C_2017121EN.01001901.xml










18.4.2017   


EN


Official Journal of the European Union


C 121/19





Action brought on 3 March 2017 — European Commission v Kingdom of Belgium
(Case C-110/17)
(2017/C 121/27)
Language of the case: French

Parties


Applicant: European Commission (represented by: W. Roels and N. Gossement, Agents, acting as Agents)

Defendant: Kingdom of Belgium

Form of order sought

The Commission claims that the Court should:






—


declare that, by retaining provisions under which, in respect of the estimation of income relating to unrented buildings or buildings rented either to natural persons who do not use them for professional purposes, or to legal persons who make such buildings available to natural persons for private purposes, the tax base is calculated on the basis of the cadastral value so far as property on national territory is concerned, and on the actual rental value so far as buildings located abroad are concerned, the Kingdom of Belgium has failed to fulfil its obligations under Article 63 of the Treaty on the Functioning of the European Union and Article 40 of the Agreement on the European Economic Area, and










—


order Kingdom of Belgium to pay the costs.





Pleas in law and main arguments

The Commission takes the view that Belgium has failed to fulfil its obligations under Articles 63 TFEU and Article 40 of the Agreement on the EEA.
While noting the attempts made by Belgium to bring its failure to fulfil obligations to an end, the Commission takes the view that the existence of the failure to fulfil obligations on 26 March 2012, the date when the period of two months laid down in the reasoned opinion expired, has been proven.
Case C-107/17: Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas (Lithuania) lodged on 3 March 2017 — UAB Aviabaltika v BAB Ūkio bankas
Date: 2017-03-03
Institutions: Court of Justice
Subjects: bank, claim, equal treatment, financial legislation, guarantee, liquidation, reinsurance








C_2017161EN.01001101.xml










22.5.2017   


EN


Official Journal of the European Union


C 161/11





Request for a preliminary ruling from the Lietuvos Aukščiausiasis Teismas (Lithuania) lodged on 3 March 2017 — UAB Aviabaltika v BAB Ūkio bankas
(Case C-107/17)
(2017/C 161/14)
Language of the case: Lithuanian

Referring court

Lietuvos Aukščiausiasis Teismas

Parties to the main proceedings


Appellant in cassation: UAB Aviabaltika

Other party in the appeal in cassation: BAB Ūkio bankas

Questions referred







1.


Must Article 4(5) of Directive 2002/47 (1) be interpreted as imposing an obligation on Member States to establish legal rules which provide that financial collateral is not included in the assets remaining after the insolvency of the collateral taker (a bank in the process of being wound up)? In other words, are Member States obliged to establish legal rules which require that a collateral taker (a bank) should be de facto able to obtain satisfaction of its claim, which is secured by financial collateral (money in an account of the bank and a right of claim to that money), despite the fact that the enforcement event occurred after the commencement of the proceedings for the winding-up of the collateral taker (the bank)?










2.


Should Article 4(1) and 4(5) of Directive 2002/47 be systematically interpreted as conferring on the collateral provider the right to demand that the collateral taker (the bank) should primarily obtain satisfaction of its claim, which is secured by financial collateral (money in an account of the bank and a right of claim to that money), by using the financial collateral, and accordingly as imposing an obligation on the financial collateral taker to give effect to such a demand despite the commencement of proceedings for its winding-up?










3.


If the answer to the second question is in the negative, and the collateral provider satisfies the claim of the collateral taker, which is secured by the financial collateral, by using other assets of the collateral provider, should the provisions of Directive 2002/47, in particular Articles 4 and 8 thereof, be interpreted as meaning that the collateral provider should also have applied to it an exemption from equal treatment of the collateral taker’s (the bank’s) creditors in winding-up proceedings and that the collateral provider should, in order to recover the financial collateral, be granted priority over other creditors in winding-up proceedings?






(1)  Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements, OJ 2002 L 168, p. 43.
Council Decision (EU) 2017/446 of 3 March 2017 on the conclusion on behalf of the European Union of the Protocol (2015) amending the Annex to the Agreement on Trade in Civil Aircraft
Date: 2017-03-03
Institutions: Council of the European Union
Subjects: GATT, aircraft, protocol to an agreement, ratification of an agreement, revision of an agreement, trade agreement (EU)








L_2017069EN.01000101.xml










15.3.2017   


EN


Official Journal of the European Union


L 69/1








            COUNCIL DECISION (EU) 2017/446
of 3 March 2017
         
on the conclusion on behalf of the European Union of the Protocol (2015) amending the Annex to the Agreement on Trade in Civil Aircraft


THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular first subparagraph of Article 207(4), in conjunction with Article 218(6)(a) thereof,


Having regard to the proposal from the European Commission,


Having regard to the consent of the European Parliament (1),

Whereas:







(1)


By means of Decision 80/271/EEC (2), the Council approved the conclusion of the GATT Agreement on Trade in Civil Aircraft (the Agreement).












(2)


Signatories to the Agreement, through their representatives, agreed to open the Protocol (2015) Amending the Annex to the Agreement on Trade in Civil Aircraft (the Protocol) for acceptance in Geneva on 5 November 2015, transposing into the Annex to the Agreement the changes introduced in the 2007 version of the Harmonized Commodity Description and Coding System.












(3)


The Protocol should be approved,





HAS ADOPTED THIS DECISION:



Article 1
The Protocol (2015) amending the Annex to the Agreement on Trade in Civil Aircraft is hereby approved on behalf of the Union.
The text of the Protocol is attached to this Decision.


Article 2
The President of the Council shall designate the person(s) empowered to deposit, on behalf of the Union, the instrument of acceptance in order to express the consent of the Union to be bound by the Protocol (3).


Article 3
This Decision shall enter into force on the day of its adoption.




Done at Brussels, 3 March 2017.


For the Council


The President

M. FARRUGIA
            





(1)  Consent of 15 February 2017 (not yet published in the Official Journal).

(2)  Council Decision 80/271/EEC of 10 December 1979 concerning the conclusion of the Multilateral Agreements resulting from the 1973 to 1979 trade negotiations (OJ L 71, 17.3.1980, p. 1).

(3)  The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.