do-me/EUR-LEX huggingface dataset:
Non-opposition to a notified concentration (Case M.8720 — Jones Lang LaSalle/intu Properties/The Chapelfield Partnership) (Text with EEA relevance. )
Date: 2018-01-19
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, real estate business, shopping centre








C_2018019EN.01000101.xml










19.1.2018   


EN


Official Journal of the European Union


C 19/1





Non-opposition to a notified concentration
(Case M.8720 — Jones Lang LaSalle/intu Properties/The Chapelfield Partnership)
(Text with EEA relevance)
(2018/C 19/01)
On 11 January 2018, 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 32018M8720. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-17/18: Action brought on 19 January 2018 — Delfant Hoylaerts v Commission
Date: 2018-01-19
Institutions: General Court
Subjects: European official, child, dependant, disabled person, health expenditure, indemnification, staff regulations (EU)








C_2018104EN.01004401.xml










19.3.2018   


EN


Official Journal of the European Union


C 104/44





Action brought on 19 January 2018 — Delfant Hoylaerts v Commission
(Case T-17/18)
(2018/C 104/57)
Language of the case: French

Parties


Applicant: Isabelle Delfant Hoylaerts (Montredon-des-Corbières, France) (represented by: E. Conquet, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the Commission’s Rejection Decision of 21 March 2017;










—


annul the Commission’s implicit Rejection Decision of 20 October 2017;










—


order the Commission to bear the costs relating to the medico-educational institution from 20 October 2017;










—


order the Commission to pay to Ms Delfant Hoylaerts EUR 3 000 in damages as compensation for the financial and non-material losses suffered;










—


order the Commission to pay the costs and to pay to Ms Delfant Hoylaerts EUR 3 000 in respect of non-recoverable expenses.





Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging infringement of Article 72 of the Staff Regulations of Officials of the European Union, the provisions of which have been adopted by the joint rules on sickness insurance for officials of the European Union, in particular Article 20, and by the Guide to Commission assistance for disabled children of staff entitled under the Staff Regulations.
According to the applicant, the Commission infringed the above provisions by adopting the decision to refuse to bear costs relating to a medico-educational institution (‘MEI’) for her disabled child. In that respect, she submits that that decision is based on a purely administrative misunderstanding and that the legal basis relied on by the Commission is lacking.
Finally, the applicant claims that the unfair conduct on the part of the Commission has serious consequences in that the Commission is incapable of taking sole responsibility for the costs of the MEI where the MEI is essential for her child. Thus, her psychological and financial circumstances have been exacerbated by the fault on the Commission’s part.
Case T-23/18: Action brought on 19 January 2018 — Nova Brands v EUIPO — Natamil (Natamil)
Date: 2018-01-19
Institutions: General Court
Subjects: EU trade mark, baby food, cereal flour, cereals, dietary product, milk product, pharmaceutical product, registered trade mark, trade-mark law








C_2018094EN.01003102.xml










12.3.2018   


EN


Official Journal of the European Union


C 94/31





Action brought on 19 January 2018 — Nova Brands v EUIPO — Natamil (Natamil)
(Case T-23/18)
(2018/C 094/42)
Language in which the application was lodged: English

Parties


Applicant: Nova Brands SA (Luxembourg, Luxembourg) (represented by: V. Wellens, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Natamil GmbH (Munich, Germany)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: International registration designating the European Union in respect of the word mark ‘natamil’ — International registration designating the European Union No 1 235 069

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 25 October 2017 in Case R 1910/2016-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs of the proceedings.





Pleas in law







—


Infringement of Article 8(1)(b) of Regulation No 207/2009;










—


Infringement of Article 75 of Regulation No 207/2009 and of Article 296 TFEU concerning the obligation to state reasons.
Case T-21/18: Action brought on 19 January 2018 — Poland v Commission
Date: 2018-01-19
Institutions: General Court
Subjects: EAFRD, EAGF, agricultural expenditure, eligibility criteria, financial aid, rural development








C_2018104EN.01004501.xml










19.3.2018   


EN


Official Journal of the European Union


C 104/45





Action brought on 19 January 2018 — Poland v Commission
(Case T-21/18)
(2018/C 104/58)
Language of the case: Polish

Parties


Applicant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul Commission Implementing Decision (EU) 2017/2014 of 8 November 2017 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (notified under document C(2017) 7263) (OJ 2017 L 292, p. 61), in so far as it excludes from EU financing the net amounts of EUR 48 317 806,79 and EUR 26 638 201,22 in expenditure incurred by the payment agency accredited by the Republic of Poland;










—


order the European Commission to pay the costs of the proceedings.





Pleas in law and main arguments

In support of the action, the applicant raises three pleas in law.






1.


First plea in law, alleging infringement of Article 52(1) of Regulation No 1306/2013 (1) through the application of a financial correction based on incorrect findings of fact and an incorrect interpretation of the law, despite the fact that the expenditure was effected by the Republic of Poland in conformity with EU law.










2.


Second plea in law, alleging infringement of Article 52(2) of Regulation No 1306/2013 through the application of a flat-rate correction which was flagrantly excessive in relation to the risk of potential financial damage to the EU budget.










3.


Third plea in law, alleging infringement of the second paragraph of Article 296 TFEU by reason of insufficient substantiation of the correction applied.






(1)  Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ 2013 L 347, p. 549), as amended.
Prior notification of a concentration (Case M.8774 — Ivanhoe Cambridge/QuadReal Property Group/JV) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2018-01-19
Institutions: European Commission
Subjects: economic concentration, holding company, investment company, merger control, real estate business, subsidiary








C_2018019EN.01001501.xml










19.1.2018   


EN


Official Journal of the European Union


C 19/15





Prior notification of a concentration
(Case M.8774 — Ivanhoe Cambridge/QuadReal Property Group/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 19/05)






1.


On 10 January 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Ivanhoe Cambridge (Canada),










—


QuadReal Property Group (Canada),










—


Logos India Logistics Venture Pte Ltd (the ‘JV’, Singapore).




Ivanhoe Cambridge and QuadReal Property Group acquire within the meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control over the JV.
The concentration is accomplished by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for Ivanhoe Cambridge: global real estate investor and a subsidiary of the Canadian fund manager Caisse de depot et placement du Québec,
—   for QuadReal Property: global real estate investor and a subsidiary of British Columbia Investment Management Corporation,
—   for the JV: holding vehicle investing in real estate in India.










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 the 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. The following reference should always be specified:
M.8774 — Ivanhoe Cambridge/QuadReal Property Group/JV
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





E-mail: COMP-MERGER-REGISTRY@ec.europa.eu




Fax +32 22964301




Postal 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.
Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 19 January 2018 concerning the draft decision relating to Case AT.40220 — Qualcomm (Exclusivity Payments) — Rapporteur: Austria
Date: 2018-01-19
Institutions: Advisory Committee on Restrictive Practices and Dominant Positions
Subjects: Internet, control of restrictive practices, dominant position, electronics industry, horizontal agreement, mobile phone








C_2018269EN.01001301.xml










31.7.2018   


EN


Official Journal of the European Union


C 269/13






Opinion of the Advisory Committee on restrictive practices and dominant positions at its meeting on 19 January 2018 concerning the draft decision relating to Case AT.40220 — Qualcomm (Exclusivity Payments)
Rapporteur: Austria
(2018/C 269/13)

1.   

The Advisory Committee agrees with the Commission that the relevant product market is the worldwide merchant market of LTE chipsets as defined in the draft decision.



2.   

The Advisory Committee agrees with the Commission that Qualcomm held a dominant position in the worldwide market for LTE chipsets between 1 January 2011 and 31 December 2016.



3.   

The Advisory Committee agrees with the Commission that the payments granted by Qualcomm to Apple as described in the draft decision were exclusivity payments.



4.   

The Advisory Committee agrees with the Commission's analysis of the capability of Qualcomm’s exclusivity payments to have anti-competitive effects and with the Commission's conclusion that these exclusivity payments constitute an abuse of a dominant position.



5.   

The Advisory Committee agrees with the Commission that Qualcomm has not demonstrated that its exclusivity payments were counterbalanced or outweighed by advantages in terms of efficiency that also benefit the consumer.



6.   

The Advisory Committee agrees with the Commission's assessment as regards the duration of the infringement as described in the draft decision.



7.   

The Advisory Committee agrees with the Commission that it has jurisdiction to apply Article 102 TFEU and Article 54 EEA in the present case.



8.   

The Advisory Committee agrees with the Commission that the conduct covered by the draft decision has an appreciable effect on trade between Member States and between the Contracting Parties within the meaning of Article 102 TFEU and Article 54 EEA.



9.   

The Advisory Committee recommends the publication of its opinion in the Official Journal of the European Union.
Prior notification of a concentration (Case M.8695 — PSA/TIL/PPIT) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2018-01-19
Institutions: European Commission
Subjects: container, economic concentration, harbour installation, investment company, merger control








C_2018019EN.01002001.xml










19.1.2018   


EN


Official Journal of the European Union


C 19/20





Prior notification of a concentration
(Case M.8695 — PSA/TIL/PPIT)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 19/09)






1.


On 12 January 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


PSA International Pte Ltd (Singapore),










—


Terminal Investment Limited SARL (Switzerland), jointly controlled by MSC Mediterranean Shipping Company Holding SA (Switzerland), Global Infrastructure Management (United States) and Global Infrastructure Partners (United States),










—


PSA Panama International Terminal SA (Panama), controlled by PSA International Pte Ltd (Singapore).




PSA International Pte Ltd and Terminal Investment Limited SARL acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of PSA Panama International Terminal SA.
The concentration is accomplished by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for PSA International Pte Ltd: stevedoring services at ports, with a particular focus on terminal services for containerised liner ships,
—   for Terminal Investment Limited SARL: investment, development and management of container terminals,
—   PSA Panama International Terminal SA: operating a container terminal in the Port of Rodman, Panama.










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 the 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. The following reference should always be specified:
M.8695 — PSA/TIL/PPIT
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





Email: COMP-MERGER-REGISTRY@ec.europa.eu




Fax +32 22964301




Postal 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.8480 — Praxair/Linde) (Text with EEA relevance. )
Date: 2018-01-19
Institutions: European Commission
Subjects: economic concentration, gas industry, mechanical engineering, merger control, supplier








C_2018019EN.01001901.xml










19.1.2018   


EN


Official Journal of the European Union


C 19/19





Prior notification of a concentration
(Case M.8480 — Praxair/Linde)
(Text with EEA relevance)
(2018/C 19/08)






1.


On 12 January 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Praxair, Inc. (‘Praxair’, United States),










—


Linde AG (‘Linde’, Germany).




Praxair enters into a full merger within the meaning of Article 3(1)(a) of the Merger Regulation with Linde.
The concentration is accomplished by way of purchase of shares in a newly created company.










2.


The business activities of the undertakings concerned are:
—   for Praxair: supply of industrial gases, medical gases, speciality gases and related services, as well as surface coating technologies,
—   for Linde: supply of industrial gases, medical gases, speciality gases and related services, including engineering.










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. The following reference should always be specified:
M.8480 — Praxair/Linde
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





E-mail:




COMP-MERGER-REGISTRY@ec.europa.eu




Fax




+32 22964301




Postal 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’).
Prior notification of a concentration (Case M.8756 — Avis Budget Group/Koç Holding/Olympic Commercial and Tourist Enterprises) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2018-01-19
Institutions: European Commission
Subjects: economic concentration, franchising, holding company, investment company, merger control, miscellaneous industries, vehicle rental








C_2018019EN.01001801.xml










19.1.2018   


EN


Official Journal of the European Union


C 19/18





Prior notification of a concentration
(Case M.8756 — Avis Budget Group/Koç Holding/Olympic Commercial and Tourist Enterprises)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 19/07)






1.


On 10 January 2018, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1).
This notification concerns the following undertakings:






—


Avis Budget Group Inc. (‘ABG’, United States),










—


Koç Holding A.Ş. (‘Koç’, Turkey), and










—


Olympic Commercial and Tourist Enterprises SA (‘OCTE’, Greece).




ABG and Koç acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of OCTE.
The concentration is accomplished by way of purchase of shares.










2.


The business activities of the undertakings concerned are:
—   for ABG: provision of rental cars, in particular through its Avis and Budget brands. ABG also operates a car sharing network through its Zipcar brand,
—   for Koç: global investment holding company, active in a range of sectors, including energy, consumer durables, cars and finance,
—   for OCTE: provision of car rental services in Greece. OCTE trades as Avis Hellas and has, since 2010, been appointed as ABG’s franchisee in Greece for the Avis and Budget brands.










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 the 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. The following reference should always be specified:
M.8756 — Avis Budget Group/Koç Holding/Olympic Commercial and Tourist Enterprises
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:





Email: COMP-MERGER-REGISTRY@ec.europa.eu




Fax +32 22964301




Postal 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.