do-me/EUR-LEX huggingface dataset:
Case C-506/18 P: Appeal brought on 1 August 2018 by the European Parliament against the judgment of the General Court (Sixth Chamber) delivered on 17 May 2018 in Case T-566/16: Josefsson v European Parliament
Date: 2018-08-01
Institutions: Court of Justice
Subjects: dismissal, legal profession, professional qualifications, rights of the defence, servant (EU)








C_2018445EN.01000301.xml










10.12.2018   


EN


Official Journal of the European Union


C 445/3






Appeal brought on 1 August 2018 by the European Parliament against the judgment of the General Court (Sixth Chamber) delivered on 17 May 2018 in Case T-566/16: Josefsson v European Parliament
(Case C-506/18 P)
(2018/C 445/03)
Language of the case: English

Parties


Appellant: European Parliament (represented by: Í. Ní Riagáin Düro, V. Montebello-Demogeot, Agents)

Other party to the proceedings: Erik Josefsson

Form of order sought

The appellant claims that the Court should:






—


annul the judgment under appeal;










—


consequently, dismiss the application at first instance;










—


order the parties to bear their own costs in the present proceedings;










—


order Mr Josefsson to pay the costs at first instance.





Pleas in law and main arguments

In its appeal, Parliament relies on the following grounds:






(i)


error of law, distortion of the facts and failure to state reasons in the finding that the requirement of a qualification in law was the cause of the applicant's dismissal;










(ii)


error of law in its finding that the adoption of an organigram and the decisions relating to it and the description of the posts therein must be subject to the applicant's right to be heard;










(iii)


distortion of the facts, manifest error of assessment and lack of reasoning in the conclusion that, if the applicant had also been heard on the question of his possession of a qualification in law, that hearing could have effectively changed the result of the decision-making process in question.
Non-opposition to a notified concentration (Case M.8963 — Eurocar/Bonaldi) (Text with EEA relevance.)
Date: 2018-08-01
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, light-duty vehicle, maintenance, merger control, motor vehicle, motor vehicle industry, retail trade, used goods, vehicle parts








C_2018460EN.01000601.xml










21.12.2018   


EN


Official Journal of the European Union


C 460/6






Non-opposition to a notified concentration
(Case M.8963 — Eurocar/Bonaldi)
(Text with EEA relevance)
(2018/C 460/03)
On 1 August 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 32018M8963. 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.9013 — Amey Group/CAL/CAHPL) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-08-01
Institutions: European Commission
Subjects: economic concentration, maintenance, merger control, provision of services, public building








C_2018270EN.01000301.xml










1.8.2018   


EN


Official Journal of the European Union


C 270/3






Prior notification of a concentration
(Case M.9013 — Amey Group/CAL/CAHPL)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 270/03)

1.   
On 25 July 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:






—


Amey UK plc (‘Amey’, United Kingdom), belonging to the Ferrovial SA Group (Spain),










—


CarillionAmey Limited (‘CAL’, United Kingdom) jointly controlled by Amey and Carillion Holdings Limited (in liquidation) (‘Carillion’, United Kingdom),










—


CarillionAmey (Housing Prime) Limited (‘CAHPL’, United Kingdom) jointly controlled by Amey and Carillion.




Amey acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of CAL and CAHPL.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for Amey: provision of integrated infrastructure support services and facility management services to the private and public sectors in the United Kingdom,
—   for CAL and CAHPL: provision of repair and maintenance services for certain buildings and assests of the Ministry of Defence in the United Kingdom.


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.9013 — Amey Group/CAL/CAHPL
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.9007 — Porsche/Schuler/JV) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-08-01
Institutions: European Commission
Subjects: economic concentration, machine-tool industry, merger control, motor vehicle industry








C_2018270EN.01000601.xml










1.8.2018   


EN


Official Journal of the European Union


C 270/6






Prior notification of a concentration
(Case M.9007 — Porsche/Schuler/JV)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 270/05)

1.   
On 25 July 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:






—


Dr Ing. h.c. F. Porsche AG (‘Porsche’, Germany), belonging to the Volkswagen group,










—


Schuler AG (‘Schuler’, Germany), belonging to the Andritz group,










—


a newly created joint venture (‘the JV’, Germany).




Porsche and Schuler acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control over the JV.
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 Porsche: German car manufacturer belonging to the Volkswagen group. This latter is active globally in the manufacture and supply of motor vehicles and their components, as well as related financing and insurance services;
—   for Schuler: active in forming technology and offers presses, automatization solutions, tools, know-how and services worldwide to the metal and automotive industry;
—   for the JV: will build and operate a metal press plant 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 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.9007 — Porsche/Schuler/JV
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 +32 229-64301




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.
Case T-481/18: Action brought on 1 August 2018 — Electroquímica Onubense v ECHA
Date: 2018-08-01
Institutions: General Court
Subjects: administrative formalities, aid to undertakings, large business, parent company, payment, small and medium industries








C_2018352EN.01004201.xml










1.10.2018   


EN


Official Journal of the European Union


C 352/42






Action brought on 1 August 2018 — Electroquímica Onubense v ECHA
(Case T-481/18)
(2018/C 352/50)
Language of the case: Spanish

Parties


Applicant: Electroquímica Onubense, S.L. (Palos de la Frontera, Spain) (represented by: D. González Blanco, lawyer)

Defendant: European Chemicals Agency (ECHA)

Form of order sought

The applicant requests the General Court to give a new judgment establishing that Electroquímica Onubense (EQO) fulfils the requirements for a medium-sized enterprise for the purposes of the application of the fees to be paid for the registration of products with the ECHA.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.






1.


First plea in law, alleging that the SME calculation report annexed to the contested decision refers to the applicant’s relationship with ERCROS during the years 2013 and 2014 and that its author overlooks very important information, namely, that the applicant company was formed in February 2015 with share capital of EUR 3 000, the minimum capital required under Spanish commercial law. The applicant states, in that regard, that it is the new company’s share capital which was the determining factor in declaring it ‘a small enterprise’, since EQO in fact fulfilled the criteria required in the applicable legislation, ERCROS’s shareholding in that company being on any view insufficient to convert it into a ‘large enterprise’.










2.


Second plea in law, alleging that ERCROS was EQO’s sole shareholder during the period from the formation of the company (18/02/15) to the transfer of shares to SALINAS DEL ODIEL (02/06/15) and that merely on a short-term or instrumental basis in order to facilitate EQO’s transfer of ownership to its final recipient, SALINAS DEL ODIEL.










3.


Third plea in law, alleging that at the end of the 2015 financial year, EQO was no longer owned by ERCROS (regarded as ‘a large enterprise’), either directly or indirectly, and that it was owned by SALINAS DEL ODIEL (regarded as ‘a medium-sized enterprise’).










4.


Fourth plea in law, alleging that the relevant information for the purposes of determining the size of EQO, for the purpose of the application of the legislation concerned, can only be EQO’s relationship with the enterprise which was its parent company at the end of the 2015 financial year — as shown in the annual accounts for that year — and not the short-term and instrumental relationship during the reference financial year.










5.


Fifth plea in law, alleging that it is the fee laid down for a medium-sized enterprise which had to be applied and not that for a large enterprise, since the relationship which must be established for that purpose is that between EQO and SALINAS DEL ODIEL and not that between EQO and ERCROS.
Prior notification of a concentration (Case M.8969 — FSN Capital V/Saferoad Holding) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-08-01
Institutions: European Commission
Subjects: consultancy, economic concentration, holding company, investment company, merger control, road building, road network, road safety, transport infrastructure








C_2018270EN.01000701.xml










1.8.2018   


EN


Official Journal of the European Union


C 270/7






Prior notification of a concentration
(Case M.8969 — FSN Capital V/Saferoad Holding)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 270/06)

1.   
On 25 July 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:






—


FSN Capital GP V Limited (‘FSN Capital V’, UK), belonging to the group FSN Capital (Norway),










—


Saferoad Holding ASA (‘Saferoad’, Norway).




FSN Capital V will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Saferoad.
The concentration is accomplished by way of purchase of shares and by way of public bid announced on 16 May 2018.


2.   
The business activities of the undertakings concerned are:
—   for FSN Capital V: a fund advised by FSN Capital Partners AS, a private equity investment firm headquartered in Oslo, Norway,
—   for Saferoad: a public limited liability company incorporated in Norway and the holding company of a group of companies that specialise in road safety and road infrastructure solutions in Northern, Central and Eastern Europe.


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.8969 — FSN Capital V/Saferoad Holding
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.
Euro exchange rates
Date: 2018-08-01
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2018270EN.01000201.xml










1.8.2018   


EN


Official Journal of the European Union


C 270/2






Euro exchange rates (1)

31 July 2018
(2018/C 270/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1736 




JPY


Japanese yen


130,84 




DKK


Danish krone


7,4499 




GBP


Pound sterling


0,89220 




SEK


Swedish krona


10,2570 




CHF


Swiss franc


1,1592 




ISK


Iceland króna


122,80 




NOK


Norwegian krone


9,5338 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,598 




HUF


Hungarian forint


320,43 




PLN


Polish zloty


4,2770 




RON


Romanian leu


4,6255 




TRY


Turkish lira


5,7319 




AUD


Australian dollar


1,5804 




CAD


Canadian dollar


1,5298 




HKD


Hong Kong dollar


9,2114 




NZD


New Zealand dollar


1,7213 




SGD


Singapore dollar


1,5976 




KRW


South Korean won


1 312,79 




ZAR


South African rand


15,3676 




CNY


Chinese yuan renminbi


8,0178 




HRK


Croatian kuna


7,4020 




IDR


Indonesian rupiah


16 923,31 




MYR


Malaysian ringgit


4,7631 




PHP


Philippine peso


62,318 




RUB


Russian rouble


73,2097 




THB


Thai baht


39,010 




BRL


Brazilian real


4,3818 




MXN


Mexican peso


21,7820 




INR


Indian rupee


80,4445 






(1)  Source: reference exchange rate published by the ECB.