do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.9144 — Michael Kors/Gianni Versace) — Candidate case for simplified procedure (Text with EEA relevance.)
Date: 2018-10-19
Institutions: European Commission
Subjects: economic concentration, luxury products industry, merger control








C_2018378EN.01001101.xml










19.10.2018   


EN


Official Journal of the European Union


C 378/11






Prior notification of a concentration
(Case M.9144 — Michael Kors/Gianni Versace)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 378/06)

1.   
On 11 October 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:






—


Michael Kors Holdings Limited (‘MKHL’, USA),










—


Gianni Versace SpA (‘Versace’, Italy).




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


2.   
The business activities of the undertakings concerned are:
—   for MKHL: design, development, manufacture, distribution, wholesale, retail and licensing of Michael Kors and Jimmy Choo branded luxury products globally, such as luxury accessories, footware and apparel,
—   for Versace: design, development, manufacture, distribution, wholesale, retail and licensing of Versace branded luxury products globally, such as luxury accessories, footware and apparel.


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.9144 — Michael Kors/Gianni Versace
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-627/18: Action brought on 19 October 2018 — ZK v Commission
Date: 2018-10-19
Institutions: General Court
Subjects: administrator, competition (EU), equal treatment, recruitment








C_2019004EN.01003401.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/34






Action brought on 19 October 2018 — ZK v Commission
(Case T-627/18)
(2019/C 4/45)
Language of the case: French

Parties


Applicant: ZK (represented by: J.-N. Louis, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul the confirmatory decision of the selection board of competition EPSO/AD/323/16 of 1 February 2018 not to list the applicant as a successful candidate;










—


In so far as necessary, annul the confirmed decision of the competition’s selection board of 12 December 2017;










—


Order the Commission to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging, first, infringement of Article 30 of the Staff Regulations of Officials of the European Union (‘the Staff Regulations’) and Article 3 of Annex III thereto and, second, infringement of the rules governing the organisation of the competition’s tests. In that regard, the applicant claims in particular that only two members of the selection board were present at her interviews, and not the selection board composed of the president and six members. Furthermore, she points out that the president took part in the proceedings of the selection board only as a mere observer, which also infringes the provisions of the Staff Regulations.










2.


Second plea in law, alleging infringement of the principles of equal treatment and non-discrimination which vitiate the contested decision in the present case, owing to the lack of stability of the selection board and reliance on back-up assessors who were not given any specific assessor training.
Case C-657/18: Request for a preliminary ruling from the Općinski sud u Novom Zagrebu (Croatia) lodged on 19 October 2018 — Hrvatska radiotelevizija v TY
Date: 2018-10-19
Institutions: Court of Justice
Subjects: application of the law, claim, enforcement of ruling, injunction, notary








C_2019004EN.01001702.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/17






Request for a preliminary ruling from the Općinski sud u Novom Zagrebu (Croatia) lodged on 19 October 2018 — Hrvatska radiotelevizija v TY

(Case C-657/18)
(2019/C 4/23)
Language of the case: Croatian

Referring court

Općinski sud u Novom Zagrebu

Parties to the main proceedings


Applicant: Hrvatska radiotelevizija

Defendant: TY

Questions referred







1.


Is Article 1 of the Ovršni zakon (Law on enforcement, published in Narodne novine No 112/12, 25/13, 93/14, 55/16 and 73/17), a provision of national legislation which empowers notaries to enforce debts on the basis of an authentic document by issuing an enforcement order, such as a writ of execution, without the express consent of the debtor against whom enforcement is sought, in accordance with Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 18 of the Treaty on the Functioning of the European Union, having regard to the judgments of the Court in Cases C-484/15 and C-551/15?










2.


Should the interpretation given in the judgments of the Court of 9 March 2017, Zulfikarpašić (C-484/15, EU:C:2017:199) and Pula Parking (C-551/15, EU:C:2017:193) be applied in the present case, Povrv-2032/17, which the referring court must hear and determine?
Recommendation of the European Central Bank of 19 October 2018 to the Council of the European Union on the external auditors of De Nederlandsche Bank (ECB/2018/25)
Date: 2018-10-19
Institutions: European Central Bank
Subjects: European System of Central Banks, Netherlands, accountant, auditing, central bank, euro area








C_2018394EN.01000101.xml










30.10.2018   


EN


Official Journal of the European Union


C 394/1






RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
of 19 October 2018
to the Council of the European Union on the external auditors of De Nederlandsche Bank
(ECB/2018/25)
(2018/C 394/01)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
Whereas:






(1)


The accounts of the European Central Bank (ECB) and the national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.










(2)


The mandate of De Nederlandsche Bank’s current external auditors, Deloitte Accountants BV, ends after the audit for the financial year 2018. It is therefore necessary to appoint external auditors from the financial year 2019.










(3)


De Nederlandsche Bank has selected KPMG Accountants NV as its external auditors for the financial years 2019 to 2022, with the option to extend the mandate on a yearly basis until the financial year 2025,




HAS ADOPTED THIS RCOMMENDATION:
It is recommended that KPMG Accountants NV should be appointed as the external auditors of De Nederlandsche Bank for the financial years 2019 to 2022, with the option to extend the mandate on a yearly basis until the financial year 2025.

Done at Frankfurt am Main, 19 October 2018.


The President of the ECB

Mario DRAGHI
Corrigendum to Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 260, 17.10.2018)
Date: 2018-10-19
Institutions: Council of the European Union, European Parliament
Subjects: agricultural product, agricultural production, consumer protection, food inspection, genetically modified organism, harmonisation of standards, labelling, organic farming, organic product








L_2018262EN.01009001.xml










19.10.2018   


EN


Official Journal of the European Union


L 262/90







Corrigendum to Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007

(
Official Journal of the European Union L 260 of 17 October 2018
)


This corrigendum should be considered null and void.
Non-opposition to a notified concentration (Case M.8994 — Microsoft/GitHub) (Text with EEA relevance.)
Date: 2018-10-19
Institutions: Directorate-General for Competition, European Commission
Subjects: advertising, cloud computing, economic concentration, information technology industry, merger control, recruitment, social media








C_2018428EN.01000101.xml










27.11.2018   


EN


Official Journal of the European Union


C 428/1






Non-opposition to a notified concentration
(Case M.8994 — Microsoft/GitHub)
(Text with EEA relevance)
(2018/C 428/01)
On 19 October 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 32018M8994. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Non-opposition to a notified concentration (Case M.9059 — CVC/Messer Group/Divestment Business) (Text with EEA relevance.)
Date: 2018-10-19
Institutions: Directorate-General for Competition, European Commission
Subjects: consultancy, economic concentration, gas industry, investment company, merger control








C_2019030EN.01000101.xml










24.1.2019   


EN


Official Journal of the European Union


C 30/1






Non-opposition to a notified concentration
(Case M.9059 — CVC/Messer Group/Divestment Business)
(Text with EEA relevance)
(2019/C 30/01)
On 19 October 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 32018M9059. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-655/18: Request for a preliminary ruling from the Administrativen sad Varna (Bulgaria) lodged on 19 October 2018 — Mitnitsa Varna v Schenker EOOD
Date: 2018-10-19
Institutions: Court of Justice
Subjects: administrative sanction, customs regulations, customs warehouse, fine, principle of proportionality, theft








C_2019004EN.01001701.xml










7.1.2019   


EN


Official Journal of the European Union


C 4/17






Request for a preliminary ruling from the Administrativen sad Varna (Bulgaria) lodged on 19 October 2018 — Mitnitsa Varna v Schenker EOOD
(Case C-655/18)
(2019/C 4/22)
Language of the case: Bulgarian

Referring court

Administrativen sad Varna

Parties to the main proceedings


Appellant in cassation: Mitnitsa Varna

Respondent in cassation: Schenker EOOD

Questions referred







1.


Should Article 242(1)(a) and (b) of Regulation (EU) No 952/2013 (1) of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code be interpreted as meaning that, under the specific circumstances of the main proceedings, the theft of goods placed under a customs warehousing procedure constitutes a removal from the customs warehousing procedure that gives cause for the imposition of a financial penalty on the authorisation holder for an offence under customs legislation?










2.


Is the imposition of a charge equivalent to the value of the goods that were the subject of the customs offence (in this case removal from the customs warehousing procedure) an administrative penalty within the meaning of Article 42(1) and (2) of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, and is a national provision regulating such a payment, alongside the imposition of the financial penalty, permissible? Does such a rule meet the criteria of effectiveness, proportionality and dissuasiveness of penalties for failure to comply with the EU customs legislation laid down in the second sentence of Article 42(1) of the regulation?






(1)  OJ 2013 L 269, p. 1.
Case C-656/18: Request for a preliminary ruling from the Amtsgericht Erding (Germany) lodged on 19 October 2018 — F. v Koninklijke Luchtvaart Maatschappij NV
Date: 2018-10-19
Institutions: Court of Justice
Subjects: air transport, carriage of passengers, carrier, indemnification, traveller








C_2019016EN.01003001.xml










14.1.2019   


EN


Official Journal of the European Union


C 16/30






Request for a preliminary ruling from the Amtsgericht Erding (Germany) lodged on 19 October 2018 — F. v Koninklijke Luchtvaart Maatschappij NV
(Case C-656/18)
(2019/C 16/37)
Language of the case: German

Referring court

Amtsgericht Erding

Parties to the main proceedings


Applicant: F.

Defendant: Koninklijke Luchtvaart Maatschappij NV
The case was removed from the Register of the Court of Justice by order of the Court of 7 November 2018.
Euro exchange rates
Date: 2018-10-19
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2018378EN.01001001.xml










19.10.2018   


EN


Official Journal of the European Union


C 378/10






Euro exchange rates (1)

18 October 2018
(2018/C 378/05)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1505 




JPY


Japanese yen


129,44 




DKK


Danish krone


7,4606 




GBP


Pound sterling


0,87843 




SEK


Swedish krona


10,3330 




CHF


Swiss franc


1,1451 




ISK


Iceland króna


136,80 




NOK


Norwegian krone


9,4598 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


25,863 




HUF


Hungarian forint


322,42 




PLN


Polish zloty


4,2989 




RON


Romanian leu


4,6683 




TRY


Turkish lira


6,4190 




AUD


Australian dollar


1,6119 




CAD


Canadian dollar


1,5009 




HKD


Hong Kong dollar


9,0192 




NZD


New Zealand dollar


1,7522 




SGD


Singapore dollar


1,5863 




KRW


South Korean won


1 306,55 




ZAR


South African rand


16,4104 




CNY


Chinese yuan renminbi


7,9835 




HRK


Croatian kuna


7,4210 




IDR


Indonesian rupiah


17 480,12 




MYR


Malaysian ringgit


4,7821 




PHP


Philippine peso


62,137 




RUB


Russian rouble


75,5050 




THB


Thai baht


37,512 




BRL


Brazilian real


4,2453 




MXN


Mexican peso


21,8143 




INR


Indian rupee


84,6850 






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