do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.9798 – BorgWarner/Delphi Technologies) (Text with EEA relevance) 2020/C 291/06
Date: 2020-09-02
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electric vehicle, engine, merger control, motor vehicle, vehicle parts








C_2020291EN.01000701.xml










2.9.2020   


EN


Official Journal of the European Union


C 291/7






Prior notification of a concentration
(Case M.9798 – BorgWarner/Delphi Technologies)
(Text with EEA relevance)
(2020/C 291/06)

1.   
On 26 August 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:






—


BorgWarner Inc. (‘BorgWarner’, USA),










—


Delphi Technologies PLC (‘Delphi’, GBR).




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


2.   
The business activities of the undertakings concerned are:






—


for BorgWarner: the production of products that help improve vehicle performance, propulsion efficiency, stability and air quality. BorgWarner operates through two business segments: engine and drivetrain,










—


for Delphi: the development, design and manufacture of vehicle propulsion systems that optimise engine performance, increase vehicle efficiency, reduce emissions, improve driving performance, and support increasing electrification of vehicles. Delphi’s business operates in four segments: fuel injection systems, powertrain products, electrification & electronics, and aftermarket.






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.9798 – BorgWarner/Delphi Technologies
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
E-mail: 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’).
Case T-613/19: Order of the General Court of 2 September 2020 — ENIL Brussels Office and Others v Commission (Action for annulment — ERDF — Operational programme ‘Regions in Growth’ — Priority Axis 5 (Regional social infrastructure) — Grant intended to support the deinstitutionalisation of services for elderly people and people with disabilities — Refusal to suspend the call for proposals at the request of organisations for the defence and representation of people with disabilities — Act not open to challenge — Inadmissibility)
Date: 2020-09-02
Institutions: General Court
Subjects: Bulgaria, European Regional Development Fund, action for annulment (EU), care of people with disabilities, deadline for payment, discrimination based on disability, equal treatment, facilities for people with disabilities, right of action, right to justice








C_2020371EN.01001401.xml










3.11.2020   


EN


Official Journal of the European Union


C 371/14






Order of the General Court of 2 September 2020 — ENIL Brussels Office and Others v Commission
(Case T-613/19) (1)

(Action for annulment - ERDF - Operational programme ‘Regions in Growth’ - Priority Axis 5 (Regional social infrastructure) - Grant intended to support the deinstitutionalisation of services for elderly people and people with disabilities - Refusal to suspend the call for proposals at the request of organisations for the defence and representation of people with disabilities - Act not open to challenge - Inadmissibility)
(2020/C 371/15)
Language of the case: English

Parties


Applicants: European Network on Independent Living Brussels Office (ENIL Brussels Office) (Brussels, Belgium), Validity Foundation-Mental Disability Advocacy Centre (Budapest, Hungary), Center for Independent Living Association (Sofia, Bulgaria) (represented by B. Van Vooren and L. Gorywoda, lawyers)

Defendant: European Commission (represented by S. Pardo Quintillán and J. Hradil, acting as Agents)

Re:

Application under Article 263 TFEU seeking annulment of the Commission’s letter of 24 May 2019 by which that institution took a position on the applicants’ request to act addressed to the Commission, under Article 265 TFEU, by letter of 26 April 2019 and which was intended, in essence, to require the Commission to suspend the call for proposals for the award of grants under the procedure ‘Support for the deinstitutionalisation of social services for elderly people and people with disabilities’ (BG16RFOP0001-5.002) and all related payments.

Operative part of the order







1.


The action is rejected as inadmissible.










2.


European Network on Independent Living Brussels Office (ENIL Brussels Office), Validity Foundation-Mental Disability Advocacy Centre and Center for Independent Living Association shall pay the costs.






(1)  OJ C 413, 9.12.2019.
Winding-up proceedings Winding-up proceedings in respect of CX Reinsurance Company Limited (In Administration) (‘the Company’) (Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council on the taking up and pursuit of the business of Insurance and Reinsurance (Solvency II) and The Insurers (Reorganisation and Winding up) Regulations 2004 SI No 2004/353, Regulation 11) 2020/C 291/04
Date: 2020-09-02
Institutions: Directorate-General for Financial Stability, Financial Services and Capital Markets Union, European Commission
Subjects: United Kingdom, insurance company, judicial proceedings, liquidation








C_2020291EN.01000401.xml










2.9.2020   


EN


Official Journal of the European Union


C 291/4






Winding-up proceedings
Winding-up proceedings in respect of CX Reinsurance Company Limited (In Administration) (‘the Company’)


(Publication made in accordance with Article 280 of Directive 2009/138/EC of the European Parliament and of the Council on the taking up and pursuit of the business of Insurance and Reinsurance (Solvency II) and The Insurers (Reorganisation and Winding up) Regulations 2004 SI No 2004/353, Regulation 11)


(2020/C 291/04)






Insurance undertaking







CX Reinsurance Company Limited




118 Pall Mall




London




SW1Y 5ED




UNITED KINGDOM








Date, entry into force and nature of decision


17 August 2020




Competent authorities







High Court of Justice




Business & Property Courts of England and Wales




Strand




Holborn




London WC2A 2LL




UNITED KINGDOM








Supervisory authority







Prudential Regulatory Authority




c/o Bank of England




Threadneedle Street




London EC2R 8AH




UNITED KINGDOM









Financial Conduct Authority




12 Endeavour Square




London E20 1JN




UNITED KINGDOM








Administrators appointed







Richard Barker




Ernst & Young LLP




1 More London Place




London SE1 2AF




UNITED KINGDOM









Simon Edel




Ernst & Young LLP




1 More London Place




London SE1 2AF




UNITED KINGDOM








Applicable law


Insolvency Act 1986
England and Wales
Case T-131/20: Judgment of the General Court of 2 September 2020 — IR v Commission (Civil service — Officials — Rights and obligations of officials — Secondment in the interests of the service — Article 37, first paragraph, heading (a), first indent, of the Staff Regulations — Article 38 of the Staff Regulations — Refusal to extend a secondment — Duty to have regard for the welfare of officials — Rights of the defence)
Date: 2020-09-02
Institutions: General Court
Subjects: Cedefop, European official, duties of civil servants, reassignment, rights of the defence, staff regulations (EU)








C_2020378EN.01003401.xml










9.11.2020   


EN


Official Journal of the European Union


C 378/34






Judgment of the General Court of 2 September 2020 — IR v Commission
(Case T-131/20) (1)

(Civil service - Officials - Rights and obligations of officials - Secondment in the interests of the service - Article 37, first paragraph, heading (a), first indent, of the Staff Regulations - Article 38 of the Staff Regulations - Refusal to extend a secondment - Duty to have regard for the welfare of officials - Rights of the defence)
(2020/C 378/42)
Language of the case: English

Parties


Applicant: IR (represented by: S. Pappas and A. Pappas, lawyers)

Defendant: European Commission (represented by: T. Bohr and I. Melo Sampaio, acting as Agents)

Re:

Application under Article 270 TFEU seeking annulment, first, of the decision of the Commission of 2 July 2019 rejecting the request of the European Centre for the Development of Vocational Training (Cedefop) that the applicant’s secondment within its services should be extended for an additional year and, second, of the decision of 23 January 2020 rejecting the applicant’s complaint brought against the decision of 2 July 2019.

Operative part of the judgment

The Court:






1.


Annuls the decision of the European Commission of 2 July 2019 rejecting the request of the European Centre for the Development of Vocational Training (Cedefop) that IR’s secondment within its services be extended for an additional year;










2.


Orders the Commission to pay the costs.






(1)  OJ C 161, 11.5.2020.
Case C-411/20: Request for a preliminary ruling from the Finanzgericht Bremen (Germany) lodged on 2 September 2020 — S v Familienkasse Niedersachsen-Bremen der Bundesagentur für Arbeit
Date: 2020-09-02
Institutions: Court of Justice
Subjects: EU national, equal treatment, family benefit, income, residence permit, social security legislation








C_2020423EN.01002601.xml










7.12.2020   


EN


Official Journal of the European Union


C 423/26






Request for a preliminary ruling from the Finanzgericht Bremen (Germany) lodged on 2 September 2020 — S v Familienkasse Niedersachsen-Bremen der Bundesagentur für Arbeit
(Case C-411/20)
(2020/C 423/39)
Language of the case: German

Referring court

Finanzgericht Bremen

Parties to the main proceedings


Applicant: S

Defendant: Familienkasse Niedersachsen-Bremen der Bundesagentur für Arbeit

Question referred

Must Article 24 of Directive 2004/38/EC (1) and Article 4 of Regulation (EC) No 883/2004 (2) be interpreted as precluding legislation of a Member State under which a national of another Member State, who establishes a permanent residence or habitual residence in the Member State concerned and does not prove that he has national income from agriculture and forestry, business, employment or self-employment, has no entitlement to family benefits within the meaning of Article 3(1)(j) of Regulation (EC) No 883/2004, in conjunction with Article 1(z) thereof, for the first three months of establishing a permanent residence or habitual residence, whilst a national of the Member State concerned, who is in the same situation, does have an entitlement to family benefits within the meaning of Article 3(1)(j) of Regulation (EC) No 883/2004, in conjunction with Article 1(z) thereof, without proving national income from agriculture and forestry, business, employment or self-employment?


(1)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ 2004 L 158, p. 77).

(2)  Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ 2004 L 166, p. 1).
Prior notification of a concentration (Case M.9905 – Bridgepoint/EQT Credit Platform) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 291/07
Date: 2020-09-02
Institutions: Directorate-General for Competition, European Commission
Subjects: credit institution, economic concentration, holding company, investment company, merger control








C_2020291EN.01000801.xml










2.9.2020   


EN


Official Journal of the European Union


C 291/8






Prior notification of a concentration
(Case M.9905 – Bridgepoint/EQT Credit Platform)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 291/07)

1.   
On 26 August 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:






—


Bridgepoint Advisers Holdings (‘Bridgepoint’, United Kingdom), controlled by Bridgepoint Group Limited (United Kingdom),










—


EQT Credit Platform (‘EQT Credit Platform’, Sweden), controlled by EQT AB (Sweden).




Bridgepoint acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of EQT Credit Platform.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Bridgepoint: a holding company within Bridgepoint group, which is a private equity group mainly active in upper middle market private equity investment, lower middle market private equity investment and growth capital,










—


for EQT Credit Platform: a pan-European private credit platform operating through three main strategies: senior debt, direct lending and special situations lending.






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.9905 – Bridgepoint/EQT Credit Platform
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
E-mail: 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-409/20: Request for a preliminary ruling from the Juzgado Contencioso Administrativo No 1 de Pontevedra (Spain) lodged on 2 September 2020 — UN v Subdelegación del Gobierno en Pontevedra
Date: 2020-09-02
Institutions: Court of Justice
Subjects: administrative sanction, foreign national, illegal migration, removal, return migration








C_2021053EN.01001601.xml










15.2.2021   


EN


Official Journal of the European Union


C 53/16






Request for a preliminary ruling from the Juzgado Contencioso Administrativo No 1 de Pontevedra (Spain) lodged on 2 September 2020 — UN v Subdelegación del Gobierno en Pontevedra
(Case C-409/20)
(2021/C 53/20)
Language of the case: Spanish

Referring court

Juzgado Contencioso Administrativo No 1 de Pontevedra

Parties to the main proceedings


Applicant: UN

Defendant: Subdelegación del Gobierno en Pontevedra

Questions referred

Must Directive 2008/115/EC (1) of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (Articles 4(3), 6(1), 6(5) and 7(1)) be interpreted as meaning that it precludes national legislation (Articles 53(1)(a) and 55(1)(b), Article 57 and Article 28(3)(c) of Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social (Basic Law 4/2000 of 11 January 2000 on the rights and freedoms of foreign nationals in Spain and their social integration)) that penalises illegally staying foreign nationals in the absence of aggravating circumstances, initially, with a fine together with a request to return voluntarily to the country of origin followed, thereafter, by the penalty of removal if the foreign national neither regularises his situation nor returns voluntarily to his country?


(1)  OJ 2008 L 348, p. 98.
Interest rate applied by the European Central Bank to its main refinancing operations (Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.): 0,00 % on 1 September 2020 Euro exchange rates (Source: reference exchange rate published by the ECB.) 1 September 2020 2020/C 291/03
Date: 2020-09-02
Institutions: European Commission
Subjects: European Central Bank, euro, exchange rate, financing, interest, money








C_2020291EN.01000301.xml










2.9.2020   


EN


Official Journal of the European Union


C 291/3






Interest rate applied by the European Central Bank to its main refinancing operations (1):
0,00 % on 1 September 2020
Euro exchange rates (2)

1 September 2020
(2020/C 291/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,1987 




JPY


Japanese yen


126,92 




DKK


Danish krone


7,4434 




GBP


Pound sterling


0,88975 




SEK


Swedish krona


10,3605 




CHF


Swiss franc


1,0865 




ISK


Iceland króna


164,50 




NOK


Norwegian krone


10,4378 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,226 




HUF


Hungarian forint


354,02 




PLN


Polish zloty


4,3925 




RON


Romanian leu


4,8398 




TRY


Turkish lira


8,8196 




AUD


Australian dollar


1,6242 




CAD


Canadian dollar


1,5600 




HKD


Hong Kong dollar


9,2900 




NZD


New Zealand dollar


1,7727 




SGD


Singapore dollar


1,6274 




KRW


South Korean won


1 420,12 




ZAR


South African rand


19,9459 




CNY


Chinese yuan renminbi


8,1739 




HRK


Croatian kuna


7,5320 




IDR


Indonesian rupiah


17 465,06 




MYR


Malaysian ringgit


4,9656 




PHP


Philippine peso


58,171 




RUB


Russian rouble


88,1474 




THB


Thai baht


37,250 




BRL


Brazilian real


6,5126 




MXN


Mexican peso


26,0278 




INR


Indian rupee


87,4085 






(1)  Rate applied to the most recent operation carried out before the indicated day. In the case of a variable rate tender, the interest rate is the marginal rate.

(2)  Source: reference exchange rate published by the ECB.
Case C-410/20: Request for a preliminary ruling from the Audiencia Provincial de A Coruña (Spain) lodged on 2 September 2020 — Banco Santander, SA v J.A.C. and M.C.P.R.
Date: 2020-09-02
Institutions: Court of Justice
Subjects: aid for restructuring, capital increase, company in difficulties, consumer information, credit institution, damages, financial intervention, financial solvency, share, shareholder








C_2020423EN.01002502.xml










7.12.2020   


EN


Official Journal of the European Union


C 423/25






Request for a preliminary ruling from the Audiencia Provincial de A Coruña (Spain) lodged on 2 September 2020 — Banco Santander, SA v J.A.C. and M.C.P.R.
(Case C-410/20)
(2020/C 423/38)
Language of the case: Spanish

Referring court

Audiencia Provincial de A Coruña

Parties to the main proceedings


Applicant: Banco Santander, SA

Defendants: J.A.C. and M.C.P.R.

Questions referred







1.


Where, in the course of a procedure for the resolution of a financial institution, all of the shares into which the share capital was divided have been redeemed, must Articles 34(1)(a), 53(1) and (3) and 60(2)(b) and (e) of Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 (1) be interpreted as meaning that they preclude persons having acquired their shares a number of months prior to the start of the resolution procedure, on the occasion of a capital increase with a public offer to subscribe, from bringing claims for compensation or claims having equivalent effect which are based on defective information in the issue prospectus against the issuing institution or against the institution emerging from a subsequent merger by acquisition?










2.


In the same situation as that referred to in the previous question, do Articles 34(1)(a), 53(3) and 60(2)(b) of Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 preclude the courts from imposing on the issuing institution or on the institution that succeeds to it universally any obligations to reimburse the equivalent value of the shares subscribed and to pay interest as a result of the retroactively effective (ex tunc) declaration as to the nullity of the share subscription contract, pursuant to claims brought after the institution has been resolved?






(1)  Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms (OJ 2014 L 173, p. 190).