do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.10337 – BC PARTNERS/VISTA EQUITY PARTNERS/EAB GLOBAL) Candidate case for simplified procedure (Text with EEA relevance) 2021/C 284/05
Date: 2021-07-16
Institutions: Directorate-General for Competition, European Commission
Subjects: consultancy, economic concentration, higher education, information technology industry, investment company, merger control, multinational enterprise








C_2021284EN.01001601.xml










16.7.2021   


EN


Official Journal of the European Union


C 284/16






Prior notification of a concentration
(Case M.10337 – BC PARTNERS/VISTA EQUITY PARTNERS/EAB GLOBAL)
Candidate case for simplified procedure
(Text with EEA relevance)
(2021/C 284/05)

1.   
On 9 July 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:






—


BC Partners LLP (‘BC Partners’, United Kingdom),










—


Vista Equity Partners Management, LLC (‘Vista’, USA)










—


EAB Global, Inc. (‘EAB Global’, USA)




BC Partners and Vista acquire within the meaning of Articles 3(1)(b) and 3(4)of the Merger Regulation joint control of the whole of EAB Global, which is currently solely controlled by funds managed by Vista.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are:






—


for BC Partners: international investment firm providing advisory services to financial investors,










—


for Vista: investment firm focused on enterprise software, data and technology-enabled businesses,










—


for EAB Global: company providing best practices research, student success management software and data-enabled enrolment solutions to the not-for-profit higher education and K-12 markets.






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.10337 – BC PARTNERS/VISTA EQUITY PARTNERS/EAB GLOBAL
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.
Recommendation of the European Central Bank of 16 July 2021 to the Council of the European Union on the external auditors of Banka Slovenije (ECB/2021/28) 2021/C 299/01
Date: 2021-07-16
Institutions: European Central Bank
Subjects: European System of Central Banks, Slovenia, accountant, auditing, central bank, euro area








C_2021299EN.01000101.xml










27.7.2021   


EN


Official Journal of the European Union


C 299/1






RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
of 16 July 2021
to the Council of the European Union on the external auditors of Banka Slovenije
(ECB/2021/28)
(2021/C 299/01)
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 Banka Slovenije’s current external auditors, Ernst & Young revizija, poslovno svetovanje, d.o.o., ended following the audit for the financial year 2020. It is therefore necessary to appoint external auditors from the financial year 2021 onwards.










(3)


Banka Slovenije has selected PricewaterhouseCoopers, podjetje za revizijo in druge finančno računovodske storitve, d. o. o. as its external auditors for the financial years 2021 to 2023,




HAS ADOPTED THIS RECOMMENDATION:
It is recommended that PricewaterhouseCoopers, podjetje za revizijo in druge finančno računovodske storitve, d. o. o. should be appointed as the external auditors of Banka Slovenije for the financial years 2021 to 2023.

Done at Frankfurt am Main, 16 July 2021.


The President of the ECB

Christine LAGARDE
Case T-436/21: Action brought on 16 July 2021 — Veen v Europol
Date: 2021-07-16
Institutions: General Court
Subjects: criminal proceedings, damages, data protection, evidence, personal data, protection of privacy








C_2021431EN.01004201.xml










25.10.2021   


EN


Official Journal of the European Union


C 431/42






Action brought on 16 July 2021 — Veen v Europol
(Case T-436/21)
(2021/C 431/50)
Language of the case: Slovak

Parties


Applicant: Leon Leonard Johan Veen (Oss, the Netherlands) (represented by: T. Lysina, lawyer)

Defendant: European Union Agency for Law Enforcement Cooperation (Europol)

Form of order sought

The applicant claims that the General Court should:






—


order the European Union, represented by the European Union Agency for Law Enforcement Cooperation (Europol) to pay the applicant the sum of EUR 50 000;










—


order the defendant to pay the costs of the proceedings.





Pleas in law and main arguments

In support of his action for the award of damages based on non-contractual liability, brought pursuant to Articles 268 and 340 of the Treaty on the Functioning of the European Union and Article 50(1) of Regulation (EU) 2016/794, (1) the applicant relies on a single plea in law, based on the unlawful processing of his personal data by the defendant.
The applicant submits, in his plea in law, that the defendant included in the investigation file as evidence in criminal proceedings brought against the applicant in the Slovak Republic, a report by the defendant containing negative and false information about the applicant, unsubstantiated by evidence, resulting in the harmful event. He argues that through that conduct he sustained a slur on his good name and reputation and it entailed an infringement of his right to family life. The applicant has thus incurred non-material damage causally linked to that harmful event, which he assesses at EUR 50 000.


(1)  Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ 2016 L 135, p. 53).
Case C-437/21: Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 16 July 2021 — Liberty Lines SpA v Ministero delle Infrastrutture e dei Trasporti
Date: 2021-07-16
Institutions: Court of Justice
Subjects: Calabria, Italy, Sicily, carriage of passengers, freedom to provide services, high-speed transport, inland transport, maritime transport, rail transport, services contract








C_2021391EN.01001101.xml










27.9.2021   


EN


Official Journal of the European Union


C 391/11






Request for a preliminary ruling from the Consiglio di Stato (Italy) lodged on 16 July 2021 — Liberty Lines SpA v Ministero delle Infrastrutture e dei Trasporti
(Case C-437/21)
(2021/C 391/17)
Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings


Appellant: Liberty Lines SpA

Respondent: Ministero delle Infrastrutture e dei Trasporti

Questions referred

Does [European Union] law, and in particular the principles of free movement of services and of opening up to competition as far as possible in the field of public service contracts, preclude a legal provision such as Article 47(11-bis) of decreto legge n. 50 del 24 aprile 2017 (Decree-Law No 50 of 24 April 2017), converted into legge 21 giugno 2017, n. 96 (Law No 96 of 21 June 2017), which:






—


treats high-speed maritime passenger transport between the ports of Messina and Reggio Calabria as equivalent to rail transport by sea between the Italian mainland and Sicily, as provided for in Article 2(e) of decreto del Ministero dei trasporti e della navigazione n. 138 T del 31 ottobre 2000 (Decree No 138 T of the Italian Ministry of Transport and Navigation of 31 October 2000), or at least allows them to be treated as equivalent by law;










—


reserves or appears capable of reserving for Rete ferroviaria italiana SpA the rail connection service by sea between Sicily and the Italian mainland, even where this involves the use of high-speed vessels?
Case T-435/21: Action brought on 16 July 2021 — TK v Commission
Date: 2021-07-16
Institutions: General Court
Subjects: administrator, promotion, seniority








C_2021349EN.01004901.xml










30.8.2021   


EN


Official Journal of the European Union


C 349/49






Action brought on 16 July 2021 — TK v Commission
(Case T-435/21)
(2021/C 349/65)
Language of the case: French

Parties


Applicant: TK (represented by: S. Orlandi, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the decision not to promote the applicant to grade AD 15 in the 2020 promotion exercise;










—


annul the decisions to promote to grade AD 15 the officials included on the list of officials promoted in the 2020 promotion exercise;










—


order the European 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 infringement of the obligation to state reasons, of Article 45 of the Staff Regulations of Officials of the European Union and of the principle of equal treatment. The applicant also raises a plea of illegality of Commission Decision SEC(2007) 605 of 10 May 2007 on the principles and procedures applicable to the promotion of senior management staff, on the ground, inter alia, that it does not provide for appeals to be dealt with by a body other than the Advisory Committee for the Promotion of Senior Management Staff. Furthermore, the applicant submits that that committee should have the possibility of upholding an appeal without being limited by the promotion quotas which are exhausted when the list of promoted officials is drawn up.










2.


Second plea in law, alleging manifest error of assessment. The applicant puts forward in that regard a body of objective evidence relating in particular to seniority and merit points and considers that that body of evidence proves that the contested decision is unfounded.
Case C-433/21: Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 16 July 2021 — Agenzia delle Entrate v Contship Italia SpA
Date: 2021-07-16
Institutions: Court of Justice
Subjects: Italy, discrimination on the basis of nationality, official market, right of establishment, securities, stock-exchange listing, tax avoidance








C_2021422EN.01000401.xml










18.10.2021   


EN


Official Journal of the European Union


C 422/4






Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 16 July 2021 — Agenzia delle Entrate v Contship Italia SpA
(Case C-433/21)
(2021/C 422/05)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Appellant: Agenzia delle Entrate

Respondent: Contship Italia SpA

Question referred

Do Articles 18 (ex Article 12 TEC) and 49 (ex Article 43 TEC) TFEU preclude national legislation which, like Article 30(1)(5) of legge 23 dicembre 1994, n. 724 (Law No 724 of 23 December 1994), in the version applicable ratione temporis, prior to the amendments introduced by legge 27 dicembre 2006, n. 296 (Law No 296 of 27 December 2006), excludes from the measures to prevent tax avoidance by non-operational companies — based on minimum revenue and income thresholds relative to the value of specific corporate assets, which, if not met, is a sign that the company is non-operational and means that the taxable income must be determined by way of presumption — only companies and entities whose securities are traded on Italian regulated markets and not companies and entities whose securities are traded on foreign regulated markets, as well as the companies that control or are controlled by, even indirectly, those listed companies and entities?
Case T-433/21: Action brought on 16 July 2021 — VITRONIC v EUIPO (Enforcement Trailer)
Date: 2021-07-16
Institutions: General Court
Subjects: EU trade mark, commercial vehicle, data processing, electronic equipment, maintenance, measuring equipment, registered trade mark, research and development, software, trade-mark law








C_2021357EN.01003102.xml










6.9.2021   


EN


Official Journal of the European Union


C 357/31






Action brought on 16 July 2021 — VITRONIC v EUIPO (Enforcement Trailer)
(Case T-433/21)
(2021/C 357/48)
Language of the case: German

Parties


Applicant: VITRONIC Dr.-Ing. Stein Bildverarbeitungssysteme GmbH (Wiesbaden, Germany) (represented by: D. Tsoumanis, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO


Trade mark at issue: Application for European Union word mark Enforcement Trailer — Application for registration No 18 281 599

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 18 May 2021 in Case R 236/2021-4

Form of order sought

The applicant claims that the Court should:






—


annul the contested decision;










—


declare that the grounds for refusal to register set out in Article 7(1)(b) and Article 7(1)(c) of Regulation (EU) 2017/1001 preclude registration only in those Member States in which English is the official language, namely Ireland and Malta;










—


order EUIPO to pay the costs, including those incurred by the applicant before the General Court and the Board of Appeal of EUIPO.





Pleas in law







—


Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;










—


Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
Non-opposition to a notified concentration (Case M.10322 — TPG/Francisco Partners/Boomi) (Text with EEA relevance) 2021/C 324/03
Date: 2021-07-16
Institutions: Directorate-General for Competition, European Commission
Subjects: cloud computing, economic concentration, investment company, merger control, provision of services








C_2021324EN.01000301.xml










12.8.2021   


EN


Official Journal of the European Union


C 324/3






Non-opposition to a notified concentration
(Case M.10322 — TPG/Francisco Partners/Boomi)
(Text with EEA relevance)
(2021/C 324/03)
On 16 July 2021, 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 32021M10322. 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.10243 — HanseWerk/EDF/IPP/EARH/Hypion JV) (Text with EEA relevance) 2021/C 309/08
Date: 2021-07-16
Institutions: Directorate-General for Competition, European Commission
Subjects: building industry, economic concentration, electricity supply, energy grid, energy production, improvement of housing, merger control, renewable energy, waste recycling, wholesale trade








C_2021309EN.01000801.xml










2.8.2021   


EN


Official Journal of the European Union


C 309/8






Non-opposition to a notified concentration
(Case M.10243 — HanseWerk/EDF/IPP/EARH/Hypion JV)
(Text with EEA relevance)
(2021/C 309/08)
On 16 July 2021, 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 32021M10243. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-434/21: Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 16 July 2021 — Agenzia delle Entrate v Contship Italia SpA
Date: 2021-07-16
Institutions: Court of Justice
Subjects: Italy, discrimination on the basis of nationality, official market, right of establishment, securities, stock-exchange listing, tax avoidance








C_2021422EN.01000402.xml










18.10.2021   


EN


Official Journal of the European Union


C 422/4






Request for a preliminary ruling from the Corte suprema di cassazione (Italy) lodged on 16 July 2021 — Agenzia delle Entrate v Contship Italia SpA
(Case C-434/21)
(2021/C 422/06)
Language of the case: Italian

Referring court

Corte suprema di cassazione

Parties to the main proceedings


Appellant: Agenzia delle Entrate

Respondent: Contship Italia SpA

Question referred

Do Articles 18 (ex Article 12 TEC) and 49 (ex Article 43 TEC) TFEU preclude national legislation which, like Article 30(1)(5) of legge 23 dicembre 1994, n. 724 (Law No 724 of 23 December 1994), in the version applicable ratione temporis, prior to the amendments introduced by legge 27 dicembre 2006, n. 296 (Law No 296 of 27 December 2006), excludes from the measures to prevent tax avoidance by non-operational companies — based on minimum revenue and income thresholds relative to the value of specific corporate assets, which, if not met, is a sign that the company is non-operational and means that the taxable income must be determined by way of presumption — only companies and entities whose securities are traded on Italian regulated markets and not companies and entities whose securities are traded on foreign regulated markets, as well as the companies that control or are controlled by, even indirectly, those listed companies and entities?
Non-opposition to a notified concentration (Case M.10335 — PAI/Gapave/Apave) (Text with EEA relevance) 2021/C 291/03
Date: 2021-07-16
Institutions: Directorate-General for Competition, European Commission
Subjects: France, association, economic concentration, investment company, merger control, risk management








C_2021291EN.01000301.xml










21.7.2021   


EN


Official Journal of the European Union


C 291/3






Non-opposition to a notified concentration
(Case M.10335 — PAI/Gapave/Apave)
(Text with EEA relevance)
(2021/C 291/03)
On 16 July 2021, 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 French 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 32021M10335. EUR-Lex is the online access to European law.






(1)  OJ L 24, 29.1.2004, p. 1.
Recommendation of the European Central Bank of 16 July 2021 to the Council of the European Union on the external auditors of the Banco de España (ECB/2021/29) 2021/C 299/02
Date: 2021-07-16
Institutions: European Central Bank
Subjects: European System of Central Banks, Spain, accountant, auditing, central bank, euro area








C_2021299EN.01000201.xml










27.7.2021   


EN


Official Journal of the European Union


C 299/2






RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
of 16 July 2021
to the Council of the European Union on the external auditors of the Banco de España
(ECB/2021/29)
(2021/C 299/02)
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)


In 2018, the Banco de España selected Mazars Auditores, S.L.P. - Mazars, S.A. as its external auditors for the financial years 2018 to 2020, with an option to extend the mandate to the financial years 2021 to 2022, and the Governing Council of the ECB recommended that appointment as well as the option to extend the mandate to the financial years 2021 and 2022 (1).










(3)


The mandate of the Banco de España’s current external auditors, Mazars Auditores, S.L.P. - Mazars, S.A., ended after the audit for the financial year 2020. It is therefore necessary to appoint external auditors for the financial years 2021 and 2022.










(4)


The Banco de España intends to extend the mandate of Mazars Auditores, S.L.P. - Mazars, S.A. to the financial years 2021 and 2022 as contemplated by Recommendation ECB/2018/22 and the recitals to Council Decision (EU) 2018/1518 (2). This extension is possible in accordance with the contractual arrangements between the Banco de España and Mazars Auditores, S.L.P. - Mazars, S.A.,




HAS ADOPTED THIS RECOMMENDATION:
It is recommended that the temporary association of undertakings Mazars Auditores, S.L.P. - Mazars, S.A. should be appointed as the external auditors of the Banco de España for the financial years 2021 and 2022.

Done at Frankfurt am Main, 16 July 2021.


The President of the ECB

Christine LAGARDE




(1)  Recommendation ECB/2018/22 of the European Central Bank of 6 September 2018 to the Council of the European Union on the external auditors of Banco de España (OJ C 325, 14.9.2018, p. 1).

(2)  Council Decision (EU) 2018/1518 of 9 October 2018 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditors of Banco de España (OJ L 256, 12.10.2018, p. 63)