do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.10131 — Partners Group/Warburg Pincus/Ecom Express Private) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 24/16
Date: 2021-01-22
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, energy industry, financial services, healthcare industry, investment company, logistics, merger control, provision of services, real estate business, technology








C_2021024EN.01003401.xml










22.1.2021   


EN


Official Journal of the European Union


C 24/34






Prior notification of a concentration
(Case M.10131 — Partners Group/Warburg Pincus/Ecom Express Private)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 24/16)

1.   
On 12 January 2021, 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:






—


Partners Group AG (‘Partners Group’, Switzerland),










—


Warburg Pincus LLC (‘Warburg Pincus’, United States),










—


Ecom Express Private Limited (‘Ecom Express Private’, India) controlled by Warburg Pincus.




Partners Group and Warburg Pincus acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Ecom Express Private.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for Partners Group: global private markets investment management company active in a range of industries,










—


for Warburg Pincus: global private equity firm with portfolio companies active in various sectors (e.g. consumer, industrial and business services, energy, financial services, healthcare, real estate, and technology),










—


for Ecom Express Private: provider of third-party logistics services in India.






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.10131 — Partners Group/Warburg Pincus/Ecom Express Private
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-34/21: Action brought on 22 January 2021 — Ryanair v Commission
Date: 2021-01-22
Institutions: General Court
Subjects: Germany, State aid, aid to undertakings, air transport, capital increase, control of State aid, coronavirus disease, epidemic, equal treatment, freedom to provide services, right of establishment








C_2021079EN.01003701.xml










8.3.2021   


EN


Official Journal of the European Union


C 79/37






Action brought on 22 January 2021 — Ryanair v Commission
(Case T-34/21)
(2021/C 79/47)
Language of the case: English

Parties


Applicant: Ryanair DAC (Swords, Ireland) (represented by: E. Vahida, F.-C. Laprévote, V. Blanc, S. Rating and I. Metaxas-Maranghidis, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the European Commission’s decision (EU) of 25 June 2020 on State Aid SA.57153 (2020/N) — Germany — COVID-19 — Aid to Lufthansa; and










—


order the European Commission to pay the costs.





Pleas in law and main arguments

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






1.


First plea in law, alleging that the European Commission misapplied its communication Temporary framework for State aid measures to support the economy in the current COVID-19 outbreak (1) (the ‘Temporary Framework’) and misused its powers by finding that Deutsche Lufthansa AG is eligible to the aid, failing to assess whether there were other more appropriate and less distortive measures available, finding that the amount of recapitalisation was proportionate, failing to apply proper conditions regarding the exit of the State, mandating insufficient slot divestitures, and failing to impose an effective ban on aggressive expansion by the beneficiary.










2.


Second plea in law, alleging that the European Commission misapplied Article 107(3)(b) TFEU by finding that the aid addresses a serious disturbance in the German economy, by violating its obligation to weigh the beneficial effects of the aid against its adverse effects on trading conditions and the maintenance of undistorted competition (i.e., the ‘balancing test’), and by requiring the late submission of a restructuring plan.










3.


Third plea in law, alleging that the European Commission violated the general principles of non-discrimination, free provision of services and free establishment.










4.


Forth plea in law, alleging that the European Commission failed to initiate a formal investigation procedure despite serious difficulties and violated the applicant’s procedural rights.










5.


Fifth plea in law, alleging that the European Commission violated its duty to state reasons.






(1)  Temporary framework for State aid measures to support the economy in the current COVID-19 outbreak, OJ C 91I/1 of 20 March 2020, as amended.