do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.8483 — Bain Capital/Cinven/Stada Arzneimittel) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-06-15
Institutions: European Commission
Subjects: cosmetics industry, economic concentration, food supplement, investment company, merger control, pharmaceutical industry








C_2017189EN.01005101.xml










15.6.2017   


EN


Official Journal of the European Union


C 189/51





Prior notification of a concentration
(Case M.8483 — Bain Capital/Cinven/Stada Arzneimittel)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 189/15)






1.


On 2 June 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 Bain Capital Investors L.L.C. (‘Bain Capital’, US) and and funds managed by Cinven Capital Management (VI) Limited Partnership Incorporated, acting through its general partner, Cinven Capital Management (VI) General Partner Limited (‘Cinven’, UK), acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Stada Arzneimittel Aktiengesellschaft (‘Stada’, Germany) by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Bain Capital: private equity investment in companies across a variety of industries, including information technology, healthcare, retail and consumer products, communications, financial and industrial/manufacturing,
—   for Cinven: private equity investment focused in six key sectors: business services, consumer, financial services, healthcare, industrials, and technology, media and telecommunications,
—   for Stada: active in the development, manufacture, registration, sale, commercialisation, distribution and promotion of life science products such as medicines (in particular with off-patent active pharmaceutical ingredients), food supplements, cosmetic products and a range of other healthcare products.










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.8483 — Bain Capital/Cinven/Stada Arzneimittel, 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-279/16 P: Judgment of the Court (Sixth Chamber) of 15 June 2017 — Kingdom of Spain v European Commission, Republic of Latvia (Appeal — Action for annulment — EAGGF, EAGF and EAFRD — Expenditure excluded from EU financing — Expenditure incurred by the Kingdom of Spain)
Date: 2017-06-15
Institutions: Court of Justice
Subjects: EAFRD, EAGF, EAGGF, agricultural expenditure, aid to agriculture








C_2017277EN.01001701.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/17





Judgment of the Court (Sixth Chamber) of 15 June 2017 — Kingdom of Spain v European Commission, Republic of Latvia
(Case C-279/16 P) (1)

((Appeal - Action for annulment - EAGGF, EAGF and EAFRD - Expenditure excluded from EU financing - Expenditure incurred by the Kingdom of Spain))
(2017/C 277/22)
Language of the case: Spanish

Parties


Appellant: Kingdom of Spain (represented by: J. García-Valdecasas Dorrego and V. Ester Casas, acting as Agents)

Other parties to the proceedings: European Commission (represented by: D. Triantafyllou and I. Galindo Martín, acting as Agents), Republic of Latvia

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 279, 1.8.2016.
Joined Cases C-444/16 and C-445/16: Judgment of the Court (Ninth Chamber) of 15 June 2017 (request for a preliminary ruling from the Cour d’appel de Mons — Belgium) — Immo Chiaradia SPRL (C-444/16), Docteur De Bruyne SPRL (C-445/16) v État belge (Reference for a preliminary ruling — Directive 78/660/EEC — Annual accounts of certain types of companies — Principle that a true and fair view must be given — Principle that valuation must be made on a prudent basis — Issuing company of a share option recognising the grant date price of the option in the course of the accounting year in which the option is exercised or at the end of its period of validity)
Date: 2017-06-15
Institutions: Court of Justice
Subjects: balance sheet, closing of accounts, financial year, reserves, share








C_2017277EN.01001901.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/19





Judgment of the Court (Ninth Chamber) of 15 June 2017 (request for a preliminary ruling from the Cour d’appel de Mons — Belgium) — Immo Chiaradia SPRL (C-444/16), Docteur De Bruyne SPRL (C-445/16) v État belge
(Joined Cases C-444/16 and C-445/16) (1)

((Reference for a preliminary ruling - Directive 78/660/EEC - Annual accounts of certain types of companies - Principle that a true and fair view must be given - Principle that valuation must be made on a prudent basis - Issuing company of a share option recognising the grant date price of the option in the course of the accounting year in which the option is exercised or at the end of its period of validity))
(2017/C 277/25)
Language of the case: French

Referring court

Cour d’appel de Mons

Parties to the main proceedings


Applicants: Immo Chiaradia SPRL (C-444/16), Docteur De Bruyne SPRL (C-445/16)

Defendant: État belge

Operative part of the judgment

The principles that a true and fair view must be given and that valuation must be made on a prudent basis set out in Articles 2(3) and 31(1)(c) respectively of Council Directive 78/660/EEC of 25 July 1978 based on Article [50(2)(g) TFEU] on the annual accounts of certain types of companies, as amended by Directive 2003/51/EC of the European Parliament and of the Council of 18 June 2003, must be interpreted as not precluding an accounting method according to which a company issuing a share option may recognise as income the grant date price of that option in the course of the accounting year in which that option is exercised or at the end of its period of validity.


(1)  OJ C 410, 7.6.2016.
Prior notification of a concentration (Case M.8504 — EDF Energy Services/ESSCI) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2017-06-15
Institutions: European Commission
Subjects: economic concentration, electrical engineering, energy industry, energy supply, mechanical engineering, merger control








C_2017189EN.01005301.xml










15.6.2017   


EN


Official Journal of the European Union


C 189/53





Prior notification of a concentration
(Case M.8504 — EDF Energy Services/ESSCI)
Candidate case for simplified procedure
(Text with EEA relevance)
(2017/C 189/17)






1.


On 6 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which EDF Energy Services Limited (‘EDFES’, France) will acquire sole control over ESSCI Limited (‘ESSCI’, UK), within the meaning of Article 3(1)(b) of the Merger Regulation by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   EDFES: ultimately controlled by the EDF Group, it was established to supply energy services in the UK,
—   ESSCI: provides managed technical services in the UK and Ireland; through its subsidiary Imtech, it is active in mechanical and electrical engineering, technical facilities management and industrial systems integration.










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.8504 — EDF Energy Services/ESSCI, 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-368/15: Judgment of the Court (Sixth Chamber) of 15 June 2017 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — proceedings brought by Ilves Jakelu Oy (Reference for a preliminary ruling — Directive 97/67/EC — Article 9 — Freedom to provide services — Postal services — Notions of universal service and essential requirements — General and individual authorisations — Authorisation to provide postal services under individually negotiated contracts — Conditions imposed)
Date: 2017-06-15
Institutions: Court of Justice
Subjects: freedom to provide services, postal service, services of general interest, trade licence








C_2017277EN.01000301.xml










21.8.2017   


EN


Official Journal of the European Union


C 277/3





Judgment of the Court (Sixth Chamber) of 15 June 2017 (request for a preliminary ruling from the Korkein hallinto-oikeus — Finland) — proceedings brought by Ilves Jakelu Oy
(Case C-368/15) (1)

((Reference for a preliminary ruling - Directive 97/67/EC - Article 9 - Freedom to provide services - Postal services - Notions of universal service and essential requirements - General and individual authorisations - Authorisation to provide postal services under individually negotiated contracts - Conditions imposed))
(2017/C 277/03)
Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings

Ilves Jakelu Oy

Intervening party: Liikenne- ja viestintäministeriö

Operative part of the judgment







1.


Article 9(1) of Directive 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service, as amended by Directive 2008/6/EC of the European Parliament and of the Council of 20 February 2008, must be interpreted to the effect that a postal items service such as the one at issue in the main proceedings does not fall within the scope of the universal service if it does not involve the permanent provision of a postal service of specified quality at all points in the territory at affordable prices for all users. The provision of a postal items service which does not fall within the scope of the universal service may be subjected only to the issuing of a general authorisation.










2.


Article 9(1) of Directive 97/67, as amended by Directive 2008/6, must be interpreted to the effect that the provision of postal services not falling within the scope of the universal service may be made subject to requirements such as those referred to in Article 9(2), second subparagraph, second indent, of that directive, as amended.






(1)  OJ C 311, 21.9.2015.