do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.9614 – ÖBB-Technische Services-Gesellschaft mbH/LTE Logistik- und Transport-GmbH) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 102/08
Date: 2020-03-30
Institutions: Directorate-General for Competition, European Commission
Subjects: carriage of goods, economic concentration, logistics, maintenance, merger control, provision of services, rolling stock








C_2020102EN.01001201.xml










30.3.2020   


EN


Official Journal of the European Union


C 102/12






Prior notification of a concentration
(Case M.9614 – ÖBB-Technische Services-Gesellschaft mbH/LTE Logistik- und Transport-GmbH)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 102/08)

1.   
On 17 March 2020, 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:






—


ÖBB-Technische Services-Gesellschaft mbH (‘OBB-TS’, Austria),










—


LTE Logistik- und Transport-GmbH (‘LTE’, Austria),










—


Instandhaltungs GmbH (‘JV’, Austria).




OBB-TS and LTE acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the newly created 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:






—


OBB-TS is a provider of maintenance services for rolling stock.










—


LTE is a logistic company that provides cargo train services.










—


The JV will provide light maintenance services for rolling stock at one facility near Vienna, Austria.






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.9614 — OBB-TS/LTE
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 C-210/20: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 30 March 2020 — Rad Service Srl Unipersonale and Others v Del Debbio SpA and Others
Date: 2020-03-30
Institutions: Court of Justice
Subjects: award of contract, freedom to provide services, invitation to tender, right of establishment, tendering








C_2020279EN.01002701.xml










24.8.2020   


EN


Official Journal of the European Union


C 279/27






Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 30 March 2020 — Rad Service Srl Unipersonale and Others v Del Debbio SpA and Others
(Case C-210/20)
(2020/C 279/38)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Applicants: Rad Service Srl Unipersonale, Cosmo Ambiente Srl, Cosmo Scavi Srl

Defendants: Del Debbio SpA, Gruppo Sei Srl, Ciclat Val di Cecina Soc. Coop., Daf Costruzioni Stradali Srl, as representative of the ad hoc tendering consortium formed with GARC SpA and Edil Moter Srl

Question referred

Does Article 63 of Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014, (1) concerning reliance on the capacities of other entities, in conjunction with the principles of freedom of establishment and freedom to provide services enshrined in Articles 49 and 56 of the Treaty on the Functioning of the European Union (TFEU), preclude the application of the provisions of Italian law relating to reliance on the capacities of other entities and exclusion from award procedures set out in the fourth sentence of Article 89(1) of the Public Procurement Code referred to in decreto legislativo 18 aprile 2016, n. 50 (Legislative Decree No 50 of 18 April 2016), under which, if untruthful declarations are made by an ancillary undertaking regarding the existence of convictions in criminal proceedings that have become final, which may demonstrate serious professional misconduct, the contracting authority must in all cases exclude the economic operator taking part in the tender procedure, without requiring or permitting that operator to indicate another suitable ancillary undertaking to replace the former undertaking, which is, conversely, permitted in other cases where the entities on whose capacities the economic operator intends to rely fail to meet a relevant selection criterion or are subject to mandatory grounds for exclusion?


(1)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ 2014 L 94, p. 65).
Non-opposition to a notified concentration (Case M.9742 – Sinopec Group/Joint Stock Company Novatek/Gazprombank/SINOVA Natural Gas Company) (Text with EEA relevance) 2020/C 110/02
Date: 2020-03-30
Institutions: Directorate-General for Competition, European Commission
Subjects: China, economic concentration, gas pipeline, investment company, merger control, natural gas








C_2020110EN.01000201.xml










2.4.2020   


EN


Official Journal of the European Union


C 110/2






Non-opposition to a notified concentration
(Case M.9742 – Sinopec Group/Joint Stock Company Novatek/Gazprombank/SINOVA Natural Gas Company)
(Text with EEA relevance)
(2020/C 110/02)
On 30 March 2020, 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 32020M9742. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-177/20: Action brought on 30 March 2020 — Himmel v EUIPO — Ramirez Monfort (Hispano Suiza)
Date: 2020-03-30
Institutions: General Court
Subjects: EU trade mark, motor vehicle, registered trade mark, trade-mark law








C_2020191EN.01003001.xml










8.6.2020   


EN


Official Journal of the European Union


C 191/30






Action brought on 30 March 2020 — Himmel v EUIPO — Ramirez Monfort (Hispano Suiza)
(Case T-177/20)
(2020/C 191/40)
Language of the case: English

Parties


Applicant: Erwin Leo Himmel (Walchwil, Switzerland) (represented by: A. Gomoll, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Gonzalo Andres Ramirez Monfort (Barcelona, Spain)

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: Application for European Union word mark Hispano Suiza — Application for registration No 16 389 397

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 21 January 2020 in Case R 67/2019-1

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order EUIPO to pay the costs.





Plea in law







—


Infringement of Article 46(1)(a) in conjunction with Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 27 March 2020 2020/C 102/05
Date: 2020-03-30
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2020102EN.01000501.xml










30.3.2020   


EN


Official Journal of the European Union


C 102/5






Euro exchange rates (1)

27 March 2020
(2020/C 102/05)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0977 




JPY


Japanese yen


119,36 




DKK


Danish krone


7,4606 




GBP


Pound sterling


0,89743 




SEK


Swedish krona


11,0158 




CHF


Swiss franc


1,0581 




ISK


Iceland króna


154,00 




NOK


Norwegian krone


11,6558 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


27,299 




HUF


Hungarian forint


355,65 




PLN


Polish zloty


4,5306 




RON


Romanian leu


4,8375 




TRY


Turkish lira


7,0935 




AUD


Australian dollar


1,8209 




CAD


Canadian dollar


1,5521 




HKD


Hong Kong dollar


8,5095 




NZD


New Zealand dollar


1,8548 




SGD


Singapore dollar


1,5762 




KRW


South Korean won


1 346,31 




ZAR


South African rand


19,3415 




CNY


Chinese yuan renminbi


7,7894 




HRK


Croatian kuna


7,6140 




IDR


Indonesian rupiah


17 716,88 




MYR


Malaysian ringgit


4,7619 




PHP


Philippine peso


56,125 




RUB


Russian rouble


86,3819 




THB


Thai baht


35,769 




BRL


Brazilian real


5,5905 




MXN


Mexican peso


25,8329 




INR


Indian rupee


82,8695 






(1)  Source: reference exchange rate published by the ECB.
Notice for the attention of certain persons subject to the restrictive measures provided for in Council Decision (CFSP) 2015/1333, as amended by Council Decision (CFSP) 2020/458, concerning restrictive measures in view of the situation in Libya 2020/C 102/03
Date: 2020-03-30
Institutions: Council of the European Union
Subjects: EU restrictive measure, Libya, economic sanctions, international sanctions, natural person








C_2020102EN.01000301.xml










30.3.2020   


EN


Official Journal of the European Union


C 102/3






Notice for the attention of certain persons subject to the restrictive measures provided for in Council Decision (CFSP) 2015/1333, as amended by Council Decision (CFSP) 2020/458, concerning restrictive measures in view of the situation in Libya
(2020/C 102/03)
The following information is brought to the attention of the persons referred to in Article 17(3) and (4) of Council Decision (CFSP) 2015/1333 (1) and designated in Annexes II and IV to Decision (CFSP) 2015/1333 and in Annex III to Council Regulation (EU) 2016/44 (2) concerning restrictive measures in view of the situation in Libya.
The Council of the European Union, after having reviewed the designation of those persons, has determined that the restrictive measures provided for in Council Decision 2011/137/CFSP (3) and in Council Regulation (EU) No 204/2011 (4) should continue to apply to those persons.
The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex IV to Regulation (EU) 2016/44, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 8 of the Regulation).
The persons concerned may submit a request to the Council to be provided with the additional evidence on which the Council relied. They may also submit to the Council a request before 15 August 2020, together with supporting documentation, that the decision to maintain them on the above-mentioned list be reconsidered. Any such request should be sent to the following address:





Council of the European Union




General Secretariat




RELEX.1.C




Rue de la Loi/Wetstraat 175




1048 Bruxelles/Brussel




BELGIQUE/BELGIË




Email: sanctions@consilium.europa.eu
Any observations received will be taken into account for the purpose of the Council’s periodic review, in accordance with Article 17 of Decision (CFSP) 2015/1333.
The attention of the persons concerned is also drawn to the possibility of challenging the Council’s decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, second paragraph, and Article 263, fourth and sixth paragraphs, of the Treaty on the Functioning of the European Union.


(1)  OJ L 206, 1.8.2015, p. 34.

(2)  OJ L 12, 19.1.2016, p. 1.

(3)  OJ L 58, 3.3.2011, p. 53.

(4)  OJ L 58, 3.3.2011, p. 1.
Prior notification of a concentration (Case M.9799 – Goldman Sachs/Summa Equity/EcoOnline) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 102/07
Date: 2020-03-30
Institutions: Directorate-General for Competition, European Commission
Subjects: banking, economic concentration, information technology industry, investment company, merger control, occupational safety, provision of services








C_2020102EN.01001001.xml










30.3.2020   


EN


Official Journal of the European Union


C 102/10






Prior notification of a concentration
(Case M.9799 – Goldman Sachs/Summa Equity/EcoOnline)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 102/07)

1.   
On 20 March 2020, 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:






—


The Goldman Sachs Group Inc. (‘Goldman Sachs’, USA),










—


Summa Equity AB (‘Summa Equity’, Sweden), a subsidiary of Summa Equity Holding AB (Sweden),










—


EcoOnline AS (‘EcoOnline’, Norway), currently solely controlled by Summa Equity I fund, which belong to Summa Equity.




Goldman Sachs and Summa Equity acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of EcoOnline.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Goldman Sachs: a global investment banking, securities and investment management firm,










—


for Summa Equity: a private equity fund that focuses on investment in the mid-cap segment in Northern Europe,










—


for EcoOnline: a company that provides health and safety software and services related thereto.






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.9799 – Goldman Sachs/Summa Equity/EcoOnline
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.
COVID-19 : EU coronavirus response.
Date: 2020-03-30
Institutions: Directorate-General for Communication
Subjects: EU Member State, EU financing, EU policy, State aid, coronavirus disease, crisis management, economic support, epidemic, free movement of persons, health policy, medical research, protective equipment, public health, research expenditure (EU)

COVID-19

EU CORONAVIRUS 
RESPONSE 

Triggering the 'escape clause' to 
allow exceptional fiscal support for 
healthcare systems, people and 
companies  

Putting in place the most 
flexible state aid rules ever 
in the EU, to save jobs and 
companies

26 March 2020
#coronavirus

Supporting research on 
vaccines, diagnostics, 
treatment

Repatriation of EU 
citizens stranded 
abroad 

Helping ensure supply 
of medical equipment: 
increased production in 
EU and joint procurement

Issuing guidelines 
on measures to 
stop the spread of 
the virus, on testing 
strategies

Providing funding through 
the coronavirus response 
initiative, liquidity through the 
European Investment Fund 

Ensuring the flow of 
goods and workers' 
mobility in the EU 
single market

© European Union, 2020
Reuse of this document is allowed, provided appropriate credit is given and any changes are indicated (Creative Commons Attribution 4.0 International license). 
For any use or reproduction of elements that are not owned by the EU, permission may need to be sought directly from the respective right holders.
All images © European Union, unless otherwise stated. Icons © Flaticon – all rights reserved.
Print 
PDF 

ISBN 978-92-76-17696-1  doi:10.2775/609024  NA-03-20-224-EN-C
ISBN 978-92-76-17686-2  doi:10.2775/605205  NA-03-20-224-EN-N
Case C-152/20: Request for a preliminary ruling from Tribunalul Mureș (Romania) lodged on 30 March 2020 — DG, EH v SC Gruber Logistics SRL
Date: 2020-03-30
Institutions: Court of Justice
Subjects: application of the law, minimum pay, private international law, residence, wage earner, work contract








C_2020279EN.01002301.xml










24.8.2020   


EN


Official Journal of the European Union


C 279/23






Request for a preliminary ruling from Tribunalul Mureș (Romania) lodged on 30 March 2020 — DG, EH v SC Gruber Logistics SRL
(Case C-152/20)
(2020/C 279/31)
Language of the case: Romanian

Referring court

Tribunalul Mureș

Parties to the main proceedings


Applicants: DG, EH

Defendant: SC Gruber Logistics SRL

Questions referred







1.


Is Article 8 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 (1) to be interpreted as meaning that the choice of law applicable to an individual employment contract excludes the application of the law of the country in which the employee has habitually carried out his or her work or as meaning that the fact that a choice of law has been made excludes the application of the second sentence of Article 8(1) of that regulation?










2.


Is Article 8 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 to be interpreted as meaning that the minimum wage applicable in the country in which the employee has habitually carried out his or her work is a right that falls within the scope of ‘provisions that cannot be derogated from by agreement under the law that, in the absence of choice, would have been applicable’, within the meaning of the second sentence of Article 8(1) of the regulation?










3.


Is Article 3 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 to be interpreted as meaning that the specification, in an individual employment contract, of the provisions of the Romanian Labour Code does not equate to a choice of Romanian law, in so far as, in Romania, it is well-known that there is a legal 
obligation
 to include such a choice-of-law clause in individual employment contracts? In other words, is Article 3 of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 to be interpreted as precluding national rules and practices pursuant to which a clause specifying the choice of Romanian law must necessarily be included in individual employment contracts?






(1)  Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ 2008 L 177, p. 6).
Non-opposition to a notified concentration (Case M.9705 — EXOR/GEDI) (Text with EEA relevance) 2020/C 418/02
Date: 2020-03-30
Institutions: Directorate-General for Competition, European Commission
Subjects: advertising, broadcasting, economic concentration, investment company, merger control, publishing, television








C_2020418EN.01000201.xml










3.12.2020   


EN


Official Journal of the European Union


C 418/2






Non-opposition to a notified concentration
(Case M.9705 — EXOR/GEDI)
(Text with EEA relevance)
(2020/C 418/02)
On 30 March 2020, 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 32020M9705. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case T-176/20: Action brought on 30 March 2020 — Sam McKnight v EUIPO — Carolina Herrera (COOL GIRL)
Date: 2020-03-30
Institutions: General Court
Subjects: EU trade mark, cosmetic product, hairdressing and beauty care, polishing and scouring preparations, registered trade mark, trade-mark law








C_2020191EN.01002901.xml










8.6.2020   


EN


Official Journal of the European Union


C 191/29






Action brought on 30 March 2020 — Sam McKnight v EUIPO — Carolina Herrera (COOL GIRL)
(Case T-176/20)
(2020/C 191/39)
Language of the case: English

Parties


Applicant: Sam McKnight Ltd (London, United Kingdom) (represented by: V. von Bomhard and J. Fuhrmann, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Carolina Herrera Ltd (New York, New York, United States)

Details of the proceedings before EUIPO


Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union word mark COOL GIRL — Application for registration No 16 681 975

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 30 January 2020 in Case R 689/2019-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


order that the costs of the proceedings be borne by the Defendant, and in case the other party to the proceedings before the Board of Appeal joins the proceedings, the Intervener.





Plea in law







—


Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.