do-me/EUR-LEX huggingface dataset:
Case C-132/17: Judgment of the Court (Ninth Chamber) of 21 February 2018 (request for a preliminary ruling from the Bundesgerichtshof, Germany) — Peugeot Deutschland GmbH v Deutsche Umwelthilfe eV (Reference for a preliminary ruling — Freedom to provide services — Directive 2010/13/EU — Definitions — Concept of ‘audiovisual media service’ — Scope — Channel available on YouTube for videos promoting new passenger car models)
Date: 2018-02-21
Institutions: Court of Justice
Subjects: Internet address, advertising, audiovisual industry, audiovisual production, freedom to provide services, provision of services








C_2018134EN.01001001.xml










16.4.2018   


EN


Official Journal of the European Union


C 134/10





Judgment of the Court (Ninth Chamber) of 21 February 2018 (request for a preliminary ruling from the Bundesgerichtshof, Germany) — Peugeot Deutschland GmbH v Deutsche Umwelthilfe eV
(Case C-132/17) (1)

((Reference for a preliminary ruling - Freedom to provide services - Directive 2010/13/EU - Definitions - Concept of ‘audiovisual media service’ - Scope - Channel available on YouTube for videos promoting new passenger car models))
(2018/C 134/13)
Language of the case: German

Referring court

Bundesgerichtshof

Parties to the main proceedings


Appellant: Peugeot Deutschland GmbH

Respondent: Deutsche Umwelthilfe eV

Operative part of the judgment

Article 1(1)(a) of Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (the Audiovisual Media Services Directive) must be interpreted as meaning that the definition of ‘audiovisual media service’ covers neither a video channel, such as that at issue in the main proceedings, on which internet users can view short promotional videos for new passenger car models, nor a single video of that kind considered in isolation.


(1)  OJ C 213, 3.7.2017.
Case T-139/18: Action brought on 21 February 2018 — Avio v European Commission
Date: 2018-02-21
Institutions: General Court
Subjects: EU competition policy, confidentiality, economic concentration, exchange of information, launch vehicle, merger control, military equipment, provision of services, restriction on competition








C_2018142EN.01006801.xml










23.4.2018   


EN


Official Journal of the European Union


C 142/68





Action brought on 21 February 2018 — Avio v European Commission
(Case T-139/18)
(2018/C 142/87)
Language of the case: Italian

Parties


Applicant: Avio SpA (Rome, Italy) (represented by: G. Roberti, G. Bellitti and I. Perego, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


regarding the substance, annul Commission Decision C(2016) 4621 final of 20 July 2016 concerning the authorisation, under Article 8(2) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings, of the concentration ‘ASL/Arianespace’, Case COMP/M.7724;










—


by way of a measure of inquiry, order the Commission, pursuant to Articles 88, 89 and 91(b) of the Rules of Procedure, to submit the documents referred to in Section III of the present application;










—


order the Commission to pay the costs.





Pleas in law and main arguments

This action is brought against Commission Decision C(2016) 4621 final of 20 July 2016 concerning the authorisation, under Article 8(2) of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings, of the concentration ‘ASL/Arianespace’, Case COMP/M.7724, as published in its non-confidential version on 11 December 2017.
In support of the action, the applicant relies on two pleas in law.






1.


First plea in law, alleging manifest error of assessment, failure to conduct a proper investigation and failure to state adequate reasons






—


The Commission made a manifest error of assessment, failed to conduct a proper investigation and failed to state adequate reasons by not correctly analysing the risk of foreclosure in the market for launchers operated by Arianespace, in particular with regard to capacity, inducements and anti-competitive effects;














2.


Second plea in law, alleging manifest error of assessment






—


The Commission made a manifest error of assessment by not requiring undertakings to be given with respect to the market for launchers operated by Arianespace, particularly with regard to the risks to competition connected to the conflict of interests within Arianespace and the risk of exchange of sensitive information between Arianespace and ASL.
Prior notification of a concentration (Case M.8793 — Axión/Enagás/Axent) — Candidate case for simplified procedure (Text with EEA relevance. )
Date: 2018-02-21
Institutions: European Commission
Subjects: audiovisual industry, economic concentration, gas supply, lease, merger control, natural gas, public administration, storage of hydrocarbons, telecommunications, wholesale trade








C_2018065EN.01002801.xml










21.2.2018   


EN


Official Journal of the European Union


C 65/28







Prior notification of a concentration
(Case M.8793 — Axión/Enagás/Axent)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 65/09)


1.   
On 14 February 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:






—


Axión Infraestructuras de Telecomunicaciones, SAU (‘Axión’, Spain), controlled by the AMP Group (Australia),










—


Enagás, SA (‘Enagás’, Spain),










—


Axent (Spain)




Axión and Enagás acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Axent. The concentration is accomplished 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 Axión: wholesale technical provision of radio telecommunications infrastructure and carrier networks services for audiovisual broadcasters, public administration and telecom operators,
—   for Enagás: gas storage and transmission activities in Spain,
—   for Axent: provision of wholesale leased lines services in Spain.


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.8793 — Axión/Enagás/Axent
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.