do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.10068 — Brookfield/Mansa/Polenergia) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 427/07
Date: 2020-12-10
Institutions: Directorate-General for Competition, European Commission
Subjects: Germany, Poland, economic concentration, energy industry, energy production, energy supply, holding company, investment company, merger control








C_2020427EN.01001201.xml










10.12.2020   


EN


Official Journal of the European Union


C 427/12






Prior notification of a concentration
(Case M.10068 — Brookfield/Mansa/Polenergia)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 427/07)






1.


On 3 December 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:






—


Brookfield Asset Management Inc. (‘Brookfield’, Canada),










—


Mansa Investments Sp. z o.o. (‘Mansa’), indirectly controlled by Ms Dominika Kulczyk (both of Poland),










—


Polenergia S.A. (‘Polenergia’), indirectly controlled by Ms Dominika Kulczyk (both of Poland).




Brookfield and Mansa acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint control of parts of Polenergia.
The concentration is accomplished by way of purchase of securities.










2.


The business activities of the undertakings concerned are:






—


for Brookfield: global asset management focusing on property, renewable power, infrastructure and private equity,










—


for Mansa: a holding company for Ms Dominika Kulczyk (a natural person) controlling Polenergia S.A.,










—


for Polenergia: production and sale of energy and related activities in a number of European countries including Poland and 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.10068 — Brookfield/Mansa/Polenergia
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 (Source: reference exchange rate published by the ECB.) 9 December 2020 2020/C 427/05
Date: 2020-12-10
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2020427EN.01000701.xml










10.12.2020   


EN


Official Journal of the European Union


C 427/7






Euro exchange rates (1)

9 December 2020
(2020/C 427/05)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,2109 




JPY


Japanese yen


126,05 




DKK


Danish krone


7,4429 




GBP


Pound sterling


0,90000 




SEK


Swedish krona


10,2745 




CHF


Swiss franc


1,0764 




ISK


Iceland króna


153,50 




NOK


Norwegian krone


10,5763 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


26,239 




HUF


Hungarian forint


356,64 




PLN


Polish zloty


4,4246 




RON


Romanian leu


4,8685 




TRY


Turkish lira


9,4762 




AUD


Australian dollar


1,6185 




CAD


Canadian dollar


1,5472 




HKD


Hong Kong dollar


9,3866 




NZD


New Zealand dollar


1,7103 




SGD


Singapore dollar


1,6174 




KRW


South Korean won


1 314,27 




ZAR


South African rand


18,0756 




CNY


Chinese yuan renminbi


7,9167 




HRK


Croatian kuna


7,5490 




IDR


Indonesian rupiah


17 078,00 




MYR


Malaysian ringgit


4,9196 




PHP


Philippine peso


58,298 




RUB


Russian rouble


89,1670 




THB


Thai baht


36,388 




BRL


Brazilian real


6,1993 




MXN


Mexican peso


23,9187 




INR


Indian rupee


89,2120 






(1)  Source: reference exchange rate published by the ECB.
Case C-347/19: Judgment of the Court (Seventh Chamber) of 10 December 2020 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Environment — Energy efficiency — Directive 2012/27/EU — Article 9(3) — Heating, cooling and hot water consumption — Installation of individual consumption meters in buildings)
Date: 2020-12-10
Institutions: Court of Justice
Subjects: air conditioning, building, energy consumption, energy efficiency, energy saving, heating, infringement of EU law, national implementing measure








C_2021044EN.01000602.xml










8.2.2021   


EN


Official Journal of the European Union


C 44/6






Judgment of the Court (Seventh Chamber) of 10 December 2020 — European Commission v Kingdom of Spain
(Case C-347/19) (1)

(Failure of a Member State to fulfil obligations - Environment - Energy efficiency - Directive 2012/27/EU - Article 9(3) - Heating, cooling and hot water consumption - Installation of individual consumption meters in buildings)
(2021/C 44/07)
Language of the case: Spanish

Parties


Applicant: European Commission (represented by: K. Talabér-Ritz, S. Pardo Quintillán and Y. G. Marinova, acting as Agents)

Defendant: Kingdom of Spain (represented by: L. Aguilera Ruiz, acting as Agent)

Operative part of the judgment

The Court:






1.


Declares that, by failing to adopt, within the prescribed time limit, all the necessary national provisions to comply with Article 9(3) of Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC, relating to the installation in buildings of devices for the individual measurement of heating, cooling and hot water consumption, the Kingdom of Spain has failed to fulfil its obligations under that provision;










2.


Orders the Kingdom of Spain to pay the costs.






(1)  OJ C 238, 15.7.2019.
Prior notification of a concentration (Case M.10041 — PAI/Addo/ComplEat) Candidate case for simplified procedure (Text with EEA relevance) 2020/C 427/08
Date: 2020-12-10
Institutions: Directorate-General for Competition, European Commission
Subjects: bakery, economic concentration, food production, investment company, meat processing industry, merger control, processed food product, supply








C_2020427EN.01001401.xml










10.12.2020   


EN


Official Journal of the European Union


C 427/14






Prior notification of a concentration
(Case M.10041 — PAI/Addo/ComplEat)
Candidate case for simplified procedure
(Text with EEA relevance)
(2020/C 427/08)

1.   
On 3 December 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:






—


PAI Partners SAS, (‘PAI’, France),










—


Addo Food Group (Holdings) Ltd, (‘Addo’, UK),










—


ComplEat Food Group Limited (‘ComplEat’, UK), controlled by Helsinki Topco Limited (‘Helsinki Topco’, UK).




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


2.   
The business activities of the undertakings concerned are:






—


PAI: management and/or advisory activities for a number of funds owning companies active in a variety of business sectors, such as business services, food and consumer goods, general industries, healthcare, and retail and distribution,










—


Addo: manufacture and supply of food products, focusing on chilled savoury pastry products,










—


ComplEat: manufacture and supply of food products, focusing on processed meat, olives and antipasti.






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.10041 — PAI/Addo/ComplEat
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-620/19: Judgment of the Court (First Chamber) of 10 December 2020 (request for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Land Nordrhein-Westfalen v D.-H. T. acting as insolvency administrator in relation to the assets of J & S Service UG (Reference for a preliminary ruling — Personal data — Regulation (EU) 2016/679 — Article 23 — Restrictions to the data subject’s rights — Significant financial interest — Enforcement of civil law claims — National legislation referring to the provisions of EU law — Tax data concerning a legal entity — Lack of jurisdiction of the Court)
Date: 2020-12-10
Institutions: Court of Justice
Subjects: access to information, civil proceedings, claim, data protection, financial solvency, jurisdiction, legal person, personal data, tax authorities








C_2021044EN.01000801.xml










8.2.2021   


EN


Official Journal of the European Union


C 44/8






Judgment of the Court (First Chamber) of 10 December 2020 (request for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Land Nordrhein-Westfalen v D.-H. T. acting as insolvency administrator in relation to the assets of J & S Service UG
(Case C-620/19) (1)

(Reference for a preliminary ruling - Personal data - Regulation (EU) 2016/679 - Article 23 - Restrictions to the data subject’s rights - Significant financial interest - Enforcement of civil law claims - National legislation referring to the provisions of EU law - Tax data concerning a legal entity - Lack of jurisdiction of the Court)
(2021/C 44/10)
Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings


Applicant: Land Nordrhein-Westfalen

Defendant: D.-H. T. acting as insolvency administrator in relation to the assets of J & S Service UG

Interested party: Vertreter des Bundesinteresses beim Bundesverwaltungsgericht

Operative part of the judgment

The Court of Justice does not have jurisdiction to answer the questions raised by the Bundesverwaltungsgericht (Federal Administrative Court, Germany) in its decision of 4 July 2019.


(1)  OJ C 383, 11.11.2019.
Case C-160/19 P: Judgment of the Court (Second Chamber) of 10 December 2020 — Comune di Milano v European Commission (Appeal — State aid — Air transport sector — Groundhandling services at Milan-Linate (Italy) and Milan-Malpensa (Italy) airports — Capital injections made by the operator of those airports into its wholly owned subsidiary providing those services — Public shareholding of the operator — Decision declaring those State aid measures unlawful and incompatible with the internal market — Article 107(1) TFEU — Concepts of ‘State resources’, ‘measure imputable to the State’ and ‘economic advantage’ — Private operator principle — Private investor test — Burden of proof — Complex financial assessments — Intensity of judicial review — Distortion of the evidence)
Date: 2020-12-10
Institutions: Court of Justice
Subjects: Italy, Lombardy, State aid, airport, capital increase, control of State aid, ground staff, provision of services, reimbursement of aid, subsidiary








C_2021044EN.01000601.xml










8.2.2021   


EN


Official Journal of the European Union


C 44/6






Judgment of the Court (Second Chamber) of 10 December 2020 — Comune di Milano v European Commission
(Case C-160/19 P) (1)

(Appeal - State aid - Air transport sector - Groundhandling services at Milan-Linate (Italy) and Milan-Malpensa (Italy) airports - Capital injections made by the operator of those airports into its wholly owned subsidiary providing those services - Public shareholding of the operator - Decision declaring those State aid measures unlawful and incompatible with the internal market - Article 107(1) TFEU - Concepts of ‘State resources’, ‘measure imputable to the State’ and ‘economic advantage’ - Private operator principle - Private investor test - Burden of proof - Complex financial assessments - Intensity of judicial review - Distortion of the evidence)
(2021/C 44/06)
Language of the case: Italian

Parties


Appellant: Comune di Milano (represented by: A. Mandarano, E. Barbagiovanni, S. Grassani and L. Picciano, avvocati)

Other party to the proceedings: European Commission (represented by: D. Recchia, G. Conte and D. Grespan, acting as Agents)

Operative part of the judgment

The Court:






1.


Dismisses the appeal;










2.


Orders the Comune di Milano to pay the costs.






(1)  OJ C 131, 8.4.2019.
Non-opposition to a notified concentration (Case M.9948 — Allianz/GE/JV) (Text with EEA relevance) 2020/C 435/01
Date: 2020-12-10
Institutions: Directorate-General for Competition, European Commission
Subjects: aircraft, economic concentration, financial services, hire purchase, investment company, merger control, provision of services, sale








C_2020435EN.01000101.xml










16.12.2020   


EN


Official Journal of the European Union


C 435/1






Non-opposition to a notified concentration
(Case M.9948 — Allianz/GE/JV)
(Text with EEA relevance)
(2020/C 435/01)
On 10 December 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 32020M9948. EUR-Lex is the on-line access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-674/20: Request for a preliminary ruling from the Cour constitutionnelle (Belgium) lodged on 10 December 2020 — Airbnb Ireland UC v Région de Bruxelles-Capitale
Date: 2020-12-10
Institutions: Court of Justice
Subjects: electronic commerce, exchange of information, freedom to provide services, hotel industry, local tax, provision of services, tax authorities, taxable income, trade intermediary








C_2021128EN.01000901.xml










12.4.2021   


EN


Official Journal of the European Union


C 128/9






Request for a preliminary ruling from the Cour constitutionnelle (Belgium) lodged on 10 December 2020 — Airbnb Ireland UC v Région de Bruxelles-Capitale
(Case C-674/20)
(2021/C 128/12)
Language of the case: French

Referring court

Cour constitutionnelle

Parties to the main proceedings


Applicant: Airbnb Ireland UC

Defendant: Région de Bruxelles-Capitale

Questions referred







1.


Must Article 1(5)(a) of Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (1) be interpreted as meaning that national legislation under which the providers of an intermediation service which, by means of an electronic platform, is intended to connect, for remuneration, potential guests with professional or non-professional hosts offering short-term accommodation are required to provide, on a written request by the tax authorities and on pain of being fined, ‘the particulars of the operator and the details of the tourist accommodation establishments, and the number of overnight stays and of accommodation units operated during the year ended’, with the aim of identifying persons liable for a regional tax on tourist accommodation establishments and their taxable income, falls within the ‘field of taxation’ and must, therefore, be regarded as excluded from the scope of that directive?










2.


If the reply to the first question is in the affirmative, must Articles 1 to 3 of Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (2) be interpreted as meaning that that directive applies to national legislation such as that described in the first question referred? In the alternative, must Article 56 of the Treaty on the Functioning of the European Union be interpreted as applying to such legislation?










3.


Must Article 15(2) of Directive 2000/31/EC be interpreted as applying to national legislation such as that described in the first question referred and as authorising such legislation?






(1)  OJ 2000 L 178, p. 1.

(2)  OJ 2006 L 376, p. 36.
Decision No 1/EC/2020 of 10 December 2020 of the Joint Committee set up under the Agreement on Mutual Recognition between the European Community and Japan related to the registration of a conformity assessment body under the Sectoral Annex on Telecommunications Terminal Equipment and Radio Equipment [2021/43]
Date: 2020-12-10
Institutions: European Union, Japan, Joint Committee
Subjects: EC conformity marking, Japan, agreement (EU), approval, mutual recognition principle, radio equipment, telecommunications equipment








L_2021018EN.01000101.xml










20.1.2021   


EN


Official Journal of the European Union


L 18/1








            DECISION No 1/EC/2020
of 10 December 2020
         
of the Joint Committee set up under the Agreement on Mutual Recognition between the European Community and Japan related to the registration of a conformity assessment body under the Sectoral Annex on Telecommunications Terminal Equipment and Radio Equipment [2021/43]


THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and Japan and, in particular, Article 8(3)(a) and Article 9(1)(b) thereof,

Whereas the Joint Committee is to take a Decision to register a conformity assessment body or bodies under a Sectoral Annex,
HAS DECIDED AS FOLLOWS:








1.


The conformity assessment body indicated below is registered under the Sectoral Annex on Telecommunications Terminal Equipment and Radio Equipment of the Agreement, for the products and conformity assessment procedures as indicated below. This registration concerns an extension of scope of a designated CAB under the Sectoral Annex on Telecommunications Terminal Equipment and Radio Equipment in order to include Telecommunication Business Law, in addition to Radio Law.





Name, acronym and contact details of the Conformity Assessment Body:
Name: PHOENIX TESTLAB GmbH
Address: Königswinkel 10, D-32825 Blomberg, GERMANY
               
Telephone number: +49 5235 9500 24
Fax number: +49 5235 9500 28
E-mail address: bentje.holger@phoenix-testlab.de
URL address: http://www.phoenix-testlab.de
Contact person of the designated CAB: Holger Bentje









Scope of registration in terms of products and conformity assessment procedures:






 


For Telecommunication Business Law






—


Terminal equipment for the purpose of calls (all equipment)










—


Terminal equipment except the preceding item (all equipment)














 


For Radio Law:






—


Specified Radio Equipment specified in Article 38-2-2, paragraph (1), items (i), (ii), (iii) of the Radio Law






















2.


This Decision replaces any previous registration of the said conformity assessment body as for the applicable laws, regulations and administrative provisions specified in paragraph 1.










3.


This Decision, done in duplicate, shall be signed by the Co-Chairs. The Decision shall be effective from the date of the later of these signatures.








Tokyo, 6 November 2020
            

On behalf of Japan

Daisuke NIHEI
            


Brussels, 10 December 2020
            

On behalf of the European Union

Lucian CERNAT
Corrigendum to the Definitive adoption (EU, Euratom) 2020/1776 of amending budget No 7 of the European Union for the financial year 2020 (Official Journal of the European Union L 401 of 30 November 2020
Date: 2020-12-10
Institutions: European Parliament
Subjects: amending budget, budgetary resources, draft budget (EU), financial year, general budget (EU), own resources








L_2020415EN.01008701.xml










10.12.2020   


EN


Official Journal of the European Union


L 415/87







Corrigendum to the Definitive adoption (EU, Euratom) 2020/1776 of amending budget No 7 of the European Union for the financial year 2020

(
Official Journal of the European Union L 401 of 30 November 2020




On page 21, row 1 4 ‘OWN RESOURCES BASED ON GROSS NATIONAL INCOME TO POINT (C) OF ARTICLE 2(1) OF DECISION 2014/335/EU, EURATOM’:
in column ‘Budget 2020’:
for:


                  ‘
                  115 905 134 859
                  ’,

read:


                  ‘
                  115 555 134 859
                  ’;

in column ‘New amount’:
for:


                  ‘
                  121 438 277 059
                  ’,

read:


                  ‘
                  121 088 277 059
                  ’.