Prior notification of a concentration (Case M.10169 — EPLI/SZ/JV) (Text with EEA relevance) 2021/C 290/09
Date: 2021-07-20
Institutions: Directorate-General for Competition, European Commission
Subjects: carriage of goods, carriage of passengers, carrier, economic concentration, holding company, logistics, merger control, public sector, rail transport








C_2021290EN.01001601.xml










20.7.2021   


EN


Official Journal of the European Union


C 290/16






Prior notification of a concentration
(Case M.10169 — EPLI/SZ/JV)
(Text with EEA relevance)
(2021/C 290/09)

1.   
On 12 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:






—


EP Logistics International, a.s. (“EPLI”, Czech Republic), controlled by ENERGETICKÝ A PRŮMYSLOVÝ HOLDING, a.s. (“EPH”, Czech Republic),










—


SLOVENSKE ŽELEZNICE, d.o.o. ("SŽ", Slovenia),










—


JV (Slovenia).




EPLI and SŽ acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of 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:






—


for EPLI: EPLI (through EP CARGO CZ, EP CARGO PL, RML and Locan) offers rail freight transport services in the Czech Republic, Germany, Poland, Hungary and Slovakia. It offers freight forwarding services, in Austria, the Czech Republic, Germany, Poland and Slovakia (through EP Cargo CZ, EP Cargo PL, EP Cargo DE, Spedica and EP Intermodal),










—


for SŽ : the Slovenian state-owned provider of rail freight transport and freight forwarding services and rail passenger transport. Among others, companies within SŽ Group also act as railway infrastructure manager in Slovenia and as a provider of traction and inspection and maintenance services for rail vehicles,










—


for JV: the holding company for SŽ - Tovorni promet, d.o.o., Slovenia ("SŽ-TP") and FERSPED, d.o.o., Slovenia ("Fersped"), currently 100% owned by SŽ. SŽ-TP offers conventional and intermodal rail freight transport and some accompanying logistic services related to rail transport predominantly in Slovenia and to a smaller extent in Austria and Croatia. Fersped offers freight forwarding services in Slovenia.






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.10169 — EPLI/SZ/JV
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’).