do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.8490 — Blackstone/CPPIB/Ascend Learning) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-05-25
Institutions: European Commission
Subjects: economic concentration, education, investment company, merger control, publishing, sporting event








C_2017167EN.01000601.xml










25.5.2017   


EN


Official Journal of the European Union


C 167/6





Prior notification of a concentration
(Case M.8490 — Blackstone/CPPIB/Ascend Learning)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 167/05)






1.


On 18 May 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings Blackstone Group L.P. (‘Blackstone’, USA) and Canada Pension Plan Investment Board (‘CPPIB’, Canada) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Ascend Learning Holdings, LLC (‘Ascend Learning’, USA).










2.


The business activities of the undertakings concerned are:
—   for Blackstone: global alternative asset manager headquartered in the United States,
—   for CPPIB: institutional investor which invests in public and private equities, real estate, infrastructure and fixed income investments headquartered in Canada,
—   for Ascend Learning: provider of educational content and software tools for students, educational institutions and employers, including admissions testing, educational content, test preparation, professional certifications and continuing education, with a particular focus on healthcare and other licensed professions such as certified personal trainers, financial advisers, skilled trades professionals and insurance brokers. Ascend Learning is headquartered in the 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. 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.8490 — Blackstone/CPPIB/Ascend Learning, 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.8479 — Advent International/Bain Capital Investors/RatePAY) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-05-25
Institutions: European Commission
Subjects: economic concentration, electronic money, investment company, merger control, payment








C_2017167EN.01000501.xml










25.5.2017   


EN


Official Journal of the European Union


C 167/5





Prior notification of a concentration
(Case M.8479 — Advent International/Bain Capital Investors/RatePAY)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 167/04)






1.


On 17 May 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which funds managed by Advent International Corporation (‘Advent’, USA) and funds managed by Bain Capital Investors L.L.C. (‘Bain Capital’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of RatePAY GmbH (‘RatePAY’, Germany) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Advent: private equity investment in various sectors, including industrial, retail, media, communications, information technology, internet, healthcare and pharmaceuticals,
—   for Bain Capital: private equity investment in companies across most industries, including information technology, healthcare, retail and consumer products, communications, financial and industrial/manufacturing,
—   for RatePAY: provision of online payment services to merchants, primarily in Germany.










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.8479 — Advent International/Bain Capital Investors/RatePAY, 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.8489 — Cinven/Eurovita) — Candidate for simplified procedure (Text with EEA relevance. )
Date: 2017-05-25
Institutions: European Commission
Subjects: economic concentration, insurance, investment company, merger control








C_2017167EN.01000901.xml










25.5.2017   


EN


Official Journal of the European Union


C 167/9





Prior notification of a concentration
(Case M.8489 — Cinven/Eurovita)
Candidate for simplified procedure
(Text with EEA relevance)
(2017/C 167/08)






1.


On 19 May 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Ergo Previdenza S.p.A. (‘Ergo Previdenza’), a company ultimately controlled by funds managed or advised by Cinven Capital Management (V) General Partner Limited (‘Cinven’), intends to acquire control over Eurovita Assicurazioni S.p.A (‘Eurovita’) within the meaning of Article 3(1)(b) of the Merger Regulation.










2.


The business activities of the undertakings concerned are:
—   Cinven: a private equity firm controlling a number of portfolio companies active in a variety of sectors, including life insurance sector, across a range of jurisdictions.
—   Eurovita: active in the life insurance sector, offering life policies and investment products exclusively in Italy.










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.8489 — Cinven/Eurovita’, 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.8497 — Sibur/TechnipFMC/Linde) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-05-25
Institutions: European Commission
Subjects: documentation, economic concentration, gas industry, merger control, oil industry








C_2017167EN.01000801.xml










25.5.2017   


EN


Official Journal of the European Union


C 167/8





Prior notification of a concentration
(Case M.8497 — Sibur/TechnipFMC/Linde)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 167/07)






1.


On 19 May 2017, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Research and Design Institute on Gas Processing Joint Stock Company (‘NIPIgaspererabotka’, Russia), TechnipFMC plc (‘TechnipFMC’, UK) and Linde AG, Engineering Division (‘Linde’, Germany) acquire, within the meaning of 3(4) of the Merger Regulation, joint control of a newly created company constituting a joint venture.










2.


The business activities of the undertakings concerned are:






—


NIPIgaspererabotka, controlled by Sibur group, is a private company that provides a wide range of services for the oil and gas chain, petrochemicals and other industries on the Russian market,










—


TechnipFMC is a global player in oil and gas projects, technologies, systems and services in three distinct segments: subsea, onshore/offshore, and surface projects,










—


Linde is a global industrial gas and engineering company active in the industrial gases, medical gases, equipment, engineering and services sectors,










—


The JV will be active in the provision of front-end engineering and design, project documentation and CAPEX estimates, along with engineering and services for procurement, construction, installation and commissioning of liquid natural gas plants on concrete gravity-based structures. The activities will be limited to Russia.














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.8497 — Sibur/TechnipFMC/Linde, 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.8476 — Oaktree/Vitanas) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-05-25
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, nursing care








C_2017167EN.01000701.xml










25.5.2017   


EN


Official Journal of the European Union


C 167/7





Prior notification of a concentration
(Case M.8476 — Oaktree/Vitanas)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 167/06)






1.


On 17 May 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 Oaktree Capital Group, LLC (‘Oaktree’, USA) indirectly acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of a group of companies which jointly comprise the Vitanas P&W Group (‘Vitanas’, Germany) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Oaktree: an investment management company which is active globally,
—   for Vitanas: a private nursing care provider in the German market which offers the full spectrum of care 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 M.8476 — Oaktree/Vitanas 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.
Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU — Request made by a contracting entity — extension of deadline
Date: 2017-05-25
Institutions: European Commission
Subjects: Czechia, award of contract, electrical energy, natural gas, retail trade








C_2017167EN.01001001.xml










25.5.2017   


EN


Official Journal of the European Union


C 167/10





Notice concerning a request pursuant to Article 35 of Directive 2014/25/EU
Request made by a contracting entity — extension of deadline
(2017/C 167/09)
On 2 November 2016 the Commission received a request in accordance with Article 35 of Directive 2014/25/EU of the European Parliament and of the Council (1).
This request, from the Czech Republic, concerns certain activities in the market for retail of electricity and gas in the Czech Republic. The relevant notice was published on page 10 of OJ C 23 on 24 January 2017. The initial deadline was 6 April 2017.
Pursuant to the fourth subparagraph of point 1 of Annex IV of Directive 2014/25/EU, the deadline may be extended by the Commission with the agreement of those having made the request for exemption concerned. Given that the need to obtain and analyse additional information, and with the agreement of the applicant, the period available to the Commission for deciding on this request is hereby extended by 21 weeks.
The final deadline is therefore 6 September 2017.


(1)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 224/2014 as implemented by Council Implementing Regulation (EU) 2017/890 concerning restrictive measures in view of the situation in the Central African Republic apply
Date: 2017-05-25
Institutions: Council of the European Union
Subjects: Central African Republic, economic sanctions, international sanctions, natural person, personal data








C_2017167EN.01000301.xml










25.5.2017   


EN


Official Journal of the European Union


C 167/3





Notice for the attention of the data subjects to whom the restrictive measures provided for in Council Regulation (EU) No 224/2014 as implemented by Council Implementing Regulation (EU) 2017/890 concerning restrictive measures in view of the situation in the Central African Republic apply
(2017/C 167/02)
The attention of data subjects is drawn to the following information in accordance with Article 12 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (1):
The legal basis for this processing operation is Council Regulation (EU) No 224/2014 (2), as implemented by Council Implementing Regulation (EU) 2017/890 (3).
The controller of this processing operation is the Council of the European Union, represented by the Director-General of DG C (Foreign Affairs, Enlargement, Civil Protection) of the General Secretariat of the Council, and the department entrusted with the processing operation is Unit 1C, which can be contacted at:





Council of the European Union




General Secretariat




DG C 1C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu




The purpose of the processing operation is the establishment and updating of the list of persons subject to restrictive measures in accordance with Regulation (EU) No 224/2014, as implemented by Implementing Regulation (EU) 2017/890.
The data subjects are the natural persons who fulfil the listing criteria as laid down in that Regulation.
The personal data collected includes data necessary for the correct identification of the person concerned, the Statement of Reasons and any other data related thereto.
The personal data collected may be shared as necessary with the European External Action Service and the Commission.
Without prejudice to restrictions provided for in Article 20(1)(a) and (d) of Regulation (EC) No 45/2001, requests for access, as well as requests for rectification or objection will be answered in accordance with section 5 of Council Decision 2004/644/EC (4).
Personal data will be retained for 5 years from the moment the data subject has been removed from the list of persons subject to the asset freeze or the validity of the measure has expired, or for the duration of court proceedings in the event they had been started.
Data subjects may have recourse to the European Data Protection Supervisor in accordance with Regulation (EC) No 45/2001.


(1)  OJ L 8, 12.1.2001, p. 1.

(2)  OJ L 70, 11.3.2014, p. 1.

(3)  OJ L 138, 25.5.2017, p. 1.

(4)  OJ L 296, 21.9.2004, p. 16.
Euro exchange rates
Date: 2017-05-25
Institutions: European Commission
Subjects: euro, exchange rate








C_2017167EN.01000401.xml










25.5.2017   


EN


Official Journal of the European Union


C 167/4





Euro exchange rates (1)

24 May 2017
(2017/C 167/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1193 




JPY


Japanese yen


125,15 




DKK


Danish krone


7,4415 




GBP


Pound sterling


0,86340 




SEK


Swedish krona


9,7418 




CHF


Swiss franc


1,0929 




ISK


Iceland króna


 




NOK


Norwegian krone


9,3843 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,463 




HUF


Hungarian forint


308,11 




PLN


Polish zloty


4,1867 




RON


Romanian leu


4,5511 




TRY


Turkish lira


3,9924 




AUD


Australian dollar


1,4970 




CAD


Canadian dollar


1,5109 




HKD


Hong Kong dollar


8,7182 




NZD


New Zealand dollar


1,5908 




SGD


Singapore dollar


1,5539 




KRW


South Korean won


1 256,70 




ZAR


South African rand


14,4977 




CNY


Chinese yuan renminbi


7,7119 




HRK


Croatian kuna


7,4280 




IDR


Indonesian rupiah


14 896,20 




MYR


Malaysian ringgit


4,8052 




PHP


Philippine peso


55,944 




RUB


Russian rouble


63,1545 




THB


Thai baht


38,454 




BRL


Brazilian real


3,6442 




MXN


Mexican peso


20,7940 




INR


Indian rupee


72,4575 






(1)  Source: reference exchange rate published by the ECB.
Case T-320/17: Action brought on 25 May 2017 — European Dynamics Luxembourg and Evropaïki Dynamiki v EIF
Date: 2017-05-25
Institutions: General Court
Subjects: award of contract, competition law, damages, invitation to tender, rights of the defence, tendering, transparency in decision-making








C_2017256EN.01003101.xml










7.8.2017   


EN


Official Journal of the European Union


C 256/31





Action brought on 25 May 2017 — European Dynamics Luxembourg and Evropaïki Dynamiki v EIF
(Case T-320/17)
(2017/C 256/37)
Language of the case: English

Parties


Applicants: European Dynamics Luxembourg SA (Luxembourg, Luxembourg), Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: M. Sfyri and C-N. Dede, lawyers)

Defendant: European Investment Fund (EIF)

Form of order sought

The applicants claim that the Court should:






—


annul the defendant’s award decision disclosed to the applicants on 16 March 2017 regarding the tender filed by the applicants in response to the open procurement procedure (reference 2016-MIBO_IPA_PPI-002) by which they were informed that their bid had not been ranked as the most economically advantageous tender;










—


order the defendant to pay the applicants exemplary damages reaching the amount of EUR 100 000 (one hundred thousand Euros); and










—


order the defendant to pay the applicants’ legal fees and other costs and expenses incurred in connection with this application, even if the current application is rejected.





Pleas in law and main arguments

In support of the action, the applicants rely on a single plea in law, alleging that the the defendant infringed the EU law on public procurement, the principles of transparency and the provisions of the directives on public procurement, together with the EIF Practical Guide, by not communicating to the applicants the scores awarded in each award criterion to the winning tender and a detailed analysis of the strong and weak points of their tender in relation to those of the winning tender. The applicants argue that the defendant acted in breach of the principle of sound administration by adversely affecting the applicants’ right to an effective remedy against the contested decision.