do-me/EUR-LEX huggingface dataset:
Case C-99/17 P: Judgment of the Court (Fourth Chamber) of 26 September 2018 — Infineon Technologies AG v European Commission (Appeal — Agreements, decisions and concerted practices — European market for smart card chips — Network of bilateral contacts — Exchanges of commercially sensitive information — Challenge of the authenticity of the evidence — Rights of the defence — Restriction of competition ‘by object’ — Single and continuous infringement — Judicial review — Unlimited jurisdiction — Scope — Calculation of the amount of the fine)
Date: 2018-09-26
Institutions: Court of Justice
Subjects: cartel, control of restrictive practices, electronic component, exchange of information, judicial review, proof, restriction on competition, rights of the defence, sanction (EU), trade information








C_2018408EN.01001502.xml










12.11.2018   


EN


Official Journal of the European Union


C 408/15






Judgment of the Court (Fourth Chamber) of 26 September 2018 — Infineon Technologies AG v European Commission
(Case C-99/17 P) (1)

((Appeal - Agreements, decisions and concerted practices - European market for smart card chips - Network of bilateral contacts - Exchanges of commercially sensitive information - Challenge of the authenticity of the evidence - Rights of the defence - Restriction of competition ‘by object’ - Single and continuous infringement - Judicial review - Unlimited jurisdiction - Scope - Calculation of the amount of the fine))
(2018/C 408/17)
Language of the case: English

Parties


Appellant: Infineon Technologies AG (represented by: M. Dreher, T. Lübbig and M. Klusmann, Rechtsanwälte)

Other party to the proceedings: European Commission (represented by: A. Biolan, A. Dawes and J. Norris-Usher, acting as Agents)

Operative part of the judgment

The Court:






1.


Sets aside the judgment of the General Court of the European Union of 15 December 2016, Infineon Technologies v Commission (T-758/14, not published, EU:T:2016:737), inasmuch as the General Court rejected the appellant’s claim in the alternative for a reduction of the amount of the fine that the European Commission imposed on it;










2.


Dismisses the appeal as to the remainder;










3.


Refers the case back to the General Court for it to give judgment on the claim for a reduction of the amount of the fine imposed on Infineon Technologies AG in the light of the sixth plea;










4.


Reserves the costs.






(1)  OJ C 168, 29.5.2017.
Case T-463/16: Judgment of the General Court of 26 September 2018 — Portugal v Commission (EAGF and EAFRD — Expenditure excluded from financing — Area-related aids — Reductions and exclusions for failure to comply with the rules on cross compliance — Regulation (EC) No 73/2009 — Regulation (EC) No 1122/2009 — Regulation (EC) No 885/2006 — Proportionality)
Date: 2018-09-26
Institutions: General Court
Subjects: EAFRD, EAGF, agricultural expenditure, aid to agriculture, eligibility criteria, principle of proportionality, single payment scheme








C_2018427EN.01004302.xml










26.11.2018   


EN


Official Journal of the European Union


C 427/43






Judgment of the General Court of 26 September 2018 — Portugal v Commission
(Case T-463/16) (1)

(EAGF and EAFRD - Expenditure excluded from financing - Area-related aids - Reductions and exclusions for failure to comply with the rules on cross compliance - Regulation (EC) No 73/2009 - Regulation (EC) No 1122/2009 - Regulation (EC) No 885/2006 - Proportionality)
(2018/C 427/54)
Language of the case: Portuguese

Parties


Applicant: Portuguese Republic (represented by: L. Inez Fernandes, M. Figueiredo, J. Saraiva de Almeida and P. Estêvão, acting as Agents)

Defendant: European Commission (represented by: A. Sauka, acting as Agent, M. Marques Mendes and A. Dias Henriques, lawyers)

Re:

Application under Article 263 TFEU seeking annulment of Commission Implementing Decision (EU) 2016/1059 of 20 June 2016 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) (OJ 2016 L 173, p. 59) insofar as it relates to the Portuguese Republic.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders the Portuguese Republic to bear its own costs and to pay three quarters of those incurred by the European Commission;










3.


Orders the European Commission to bear one quarter of its costs.






(1)  OJ C 392, 24.10.2016.
Corrigendum to Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections (OJ C 317, 7.9.2018)
Date: 2018-09-26
Institutions: European Commission
Subjects: Belgium, Denmark, France, Germany, Greece, Hungary, Latvia, State aid, control of State aid








C_2018344EN.01001001.xml










26.9.2018   


EN


Official Journal of the European Union


C 344/10






Corrigendum to Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union — Cases where the Commission raises no objections
(
Official Journal of the European Union C 317 of 7 September 2018
)
(2018/C 344/08)
On page 4, in the table for State aid number SA.49947 (2017/N), in ‘Budget’:

for:

‘Overall budget: EUR 4.2 (in millions)
Annual budget: EUR 1.4 (in millions)’,


read:

‘Overall budget: EUR 5.6 (in millions)
Annual budget: EUR 1.4 (in millions)’.
Prior notification of a concentration (Case M.8744 — Daimler/BMW/Car Sharing JV) (Text with EEA relevance.)
Date: 2018-09-26
Institutions: European Commission
Subjects: cycle and motorcycle industry, economic concentration, merger control, motor vehicle industry








C_2018344EN.01000701.xml










26.9.2018   


EN


Official Journal of the European Union


C 344/7






Prior notification of a concentration
(Case M.8744 — Daimler/BMW/Car Sharing JV)
(Text with EEA relevance)
(2018/C 344/06)

1.   
On 17 September 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:






—


Bayerische Motoren Werke Aktiengesellschaft (including its subsidiaries; ‘BMW’, Germany),










—


Daimler AG (including its subsidiaries; ‘Daimler’, Germany).




BMW and Daimler acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of six joint ventures which will be active in the field of mobility services, namely car sharing services (DriveNow and car2go), ride hailing services (Intelligent Apps GmbH incl. mytaxi), parking services (Parkmobile/ParkNow), charging services (ChargeNow) as well as other (on-demand) mobility services (ReachNow and moovel).
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for BMW: with the trademarks BMW, Rolls Royce and MINI, manufacturing of passenger cars and motorcycles worldwide as well as a provider of premium services in the field of individual mobility headquartered in Munich, Germany.
—   for Daimler: with its divisions Mercedes-Benz Cars, Daimler Trucks, Mercedes-Benz Vans, Daimler Buses and Daimler Financial Services, development, manufacturing and distribution of automotive products, mainly passenger cars, trucks, vans and buses.


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.8744 — Daimler/BMW/Car Sharing 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 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.9055 — Lone Star/CaixaBank Assets) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-09-26
Institutions: European Commission
Subjects: economic concentration, investment company, merger control, property market, provision of services








C_2018344EN.01000601.xml










26.9.2018   


EN


Official Journal of the European Union


C 344/6






Prior notification of a concentration
(Case M.9055 — Lone Star/CaixaBank Assets)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 344/05)

1.   
On 17 September 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:






—


Lone Star, through its subsidiary LSF Pacific Holdings S.à r.l. (Luxembourg);










—


A portfolio of real estate owned assets (the ‘Pacific Portfolio’) of BuildingCenter S.A. Unipersonal (Spain), and ServiHabitat Servicios Inmobiliarios, S.L. (Spain), both belonging to CaixaBank (together, the ‘CaixaBank Assets’).




Lone Star acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the CaixaBank Assets.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for Lone Star: a private equity firm that invests globally in real estate, equity, credit, and other financial assets;
—   for the Caixabank Assets: a provider of real estate management services for the Pacific Portfolio as well as other real estate properties, owned by CaixaBank or other parties.


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.9055 — Lone Star/CaixaBank Assets
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.
Case T-574/14: Judgment of the General Court of 26 September 2018 — EAEPC v Commission (Competition — Agreements, decisions and concerted practices — Parallel trade in medicines — Agreement operating a distinction between prices charged for products intended for resale in Spain and prices charged for products intended for export to other Member States — Request for re-examination of a complaint following judgments of the Court of Justice and the General Court — Article 266 TFEU — Rejection of a complaint — No Union interest — Cessation of the anti-competitive practice — Absence of persisting anti-competitive effects — Case being dealt with by a competition authority of a Member State — Obligations in relation to the investigation of a complaint — Article 105 TFEU — Article 7 of Regulation (EC) No 1/2003 — Procedural rights of a complainant — Obligation to state reasons)
Date: 2018-09-26
Institutions: General Court
Subjects: complaint to the Commission, control of restrictive practices, fixing of prices, pharmaceutical product, price agreement, restrictive trade practice, selling price








C_2018427EN.01003701.xml










26.11.2018   


EN


Official Journal of the European Union


C 427/37






Judgment of the General Court of 26 September 2018 — EAEPC v Commission
(Case T-574/14) (1)

(Competition - Agreements, decisions and concerted practices - Parallel trade in medicines - Agreement operating a distinction between prices charged for products intended for resale in Spain and prices charged for products intended for export to other Member States - Request for re-examination of a complaint following judgments of the Court of Justice and the General Court - Article 266 TFEU - Rejection of a complaint - No Union interest - Cessation of the anti-competitive practice - Absence of persisting anti-competitive effects - Case being dealt with by a competition authority of a Member State - Obligations in relation to the investigation of a complaint - Article 105 TFEU - Article 7 of Regulation (EC) No 1/2003 - Procedural rights of a complainant - Obligation to state reasons)
(2018/C 427/45)
Language of the case: English

Parties


Applicant: European Association of Euro-Pharmaceutical Companies (EAEPC) (Brussels, Belgium) (represented by: J.L. Buendía Sierra, L. Ortiz Blanco, Á. Givaja Sanz and M. Araujo Boyd, lawyers)

Defendant: European Commission (represented by: F. Castilla Contreras, F. Jimeno Fernández and C. Vollrath, Agents)

Interveners in support of the defendant: GlaxoSmithKline plc (Brentford, United Kingdom) and GlaxoSmithKline SA (Madrid, Spain) (represented by: initially I.S. Forrester QC, and A. Komninos, lawyer, and subsequently A. Komninos)

Re:

Application under Article 263 TFEU for annulment of Commission Decision C(2014) 3654 final of 27 May 2014 rejecting the complaint filed by the applicant concerning an alleged infringement by Glaxo Wellcome SA of Article 101 TFEU (Case COMP/AT.36957 — Glaxo Wellcome).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders each party to bear its own costs.






(1)  OJ C 409, 17.11.2014.
Euro exchange rates
Date: 2018-09-26
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2018344EN.01000201.xml










26.9.2018   


EN


Official Journal of the European Union


C 344/2






Euro exchange rates (1)

25 September 2018
(2018/C 344/02)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1777 




JPY


Japanese yen


132,78 




DKK


Danish krone


7,4597 




GBP


Pound sterling


0,89425 




SEK


Swedish krona


10,3515 




CHF


Swiss franc


1,1376 




ISK


Iceland króna


130,70 




NOK


Norwegian krone


9,5713 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,613 




HUF


Hungarian forint


324,08 




PLN


Polish zloty


4,2930 




RON


Romanian leu


4,6618 




TRY


Turkish lira


7,2323 




AUD


Australian dollar


1,6234 




CAD


Canadian dollar


1,5262 




HKD


Hong Kong dollar


9,1974 




NZD


New Zealand dollar


1,7696 




SGD


Singapore dollar


1,6083 




KRW


South Korean won


1 316,95 




ZAR


South African rand


16,9294 




CNY


Chinese yuan renminbi


8,0958 




HRK


Croatian kuna


7,4285 




IDR


Indonesian rupiah


17 571,00 




MYR


Malaysian ringgit


4,8672 




PHP


Philippine peso


63,999 




RUB


Russian rouble


77,3603 




THB


Thai baht


38,193 




BRL


Brazilian real


4,8532 




MXN


Mexican peso


22,3696 




INR


Indian rupee


85,6125 






(1)  Source: reference exchange rate published by the ECB.
Prior notification of a concentration (Case M.9037 — Bain Capital/Italmatch Chemicals) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-09-26
Institutions: European Commission
Subjects: chemical industry, economic concentration, investment company, merger control








C_2018344EN.01000501.xml










26.9.2018   


EN


Official Journal of the European Union


C 344/5






Prior notification of a concentration
(Case M.9037 — Bain Capital/Italmatch Chemicals)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 344/04)

1.   
On 19 September 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:






—


Bain Capital Investors L.L.C. (Bain Capital, United States),










—


Italmatch Chemicals SpA (Italmatch, Italy).




Bain Capital acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Italmatch.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:
—   for Bain Capital: private equity investment firm that invests in companies across several industries, including information technology, healthcare, retail and consumer products, communications, financial services and industrial manufacturing,
—   for Italmatch: specialty chemicals company active in performance products, flame retardants and plastic additives, water and oil performance additives, lubricant performance additives and personal care chemicals.


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.9037 — Bain Capital/Italmatch Chemicals
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.