do-me/EUR-LEX huggingface dataset:
Case T-220/22: Action brought on 25 April 2022 — CiviBank v ECB
Date: 2022-04-25
Institutions: General Court
Subjects: EU banking union, bank, banking supervision, equal treatment, rights of the defence, shareholder, shareholding, takeover bid








C_2022237EN.01006502.xml










20.6.2022   


EN


Official Journal of the European Union


C 237/65






Action brought on 25 April 2022 — CiviBank v ECB
(Case T-220/22)
(2022/C 237/85)
Language of the case: Italian

Parties


Applicant: Banca di Cividale SpA — Società Benefit (CiviBank) (Cividale del Friuli, Italy) (represented by: M. Merola, A. Cassano and A. Cogoni, lawyers)

Defendant: European Central Bank

Form of order sought

The applicant claims that the Court should:






—


annul, pursuant to the fourth paragraph of Article 263 TFEU, the decision of the European Central Bank (ECB) (ECB-SSM-2022-IT-7 (QLF-2021-0155)) of 23 March 2022 (contained in a single act or in several acts) by which the ECB authorised Banca Sparkasse and Fondazione Sparkasse to: (i) acquire and maintain a shareholding higher than 10 % of the share capital and voting rights of CiviBank; (ii) exceed that shareholding and acquire directly a controlling shareholding in CiviBank, following, and as a result of, the public global voluntary tender offers launched on the market on 9 December 2021 under Articles 4 and 6 of Council Regulation (EU) No 1024/2013 (1) of 15 October 2013, Articles 19, 22, 53 and 67 of the Consolidated Banking Law and its related implementing rules.










—


order the defendant to pay the costs incurred by the applicant in the present proceedings.





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 incorrect application of Article 23 of Directive 2013/36, infringement of Article 86 of Regulation 468/2014 and of Article 49 TFEU and breach of the general principle of EU law of non-discrimination in assessing the suitability of the purchaser.










2.


Second plea in law, alleging failure to state sufficient reasons in the contested decision and resulting infringement of Article 296 TFEU, of the rights of the defence guaranteed by Article 41 of the Charter of Fundamental Rights and of the corresponding general legal principles which can be inferred from the constitutional traditions common to the Member States.






(1)  Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ 2013 L 287, p. 63).
Non-opposition to a notified concentration (Case M.10689 – OCP GROUP / KOCH INDUSTRIES / JORF FERTILIZER COMPANY) (Text with EEA relevance) 2022/C 179/01
Date: 2022-04-25
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, fertiliser, inorganic acid, merger control, mining industry, phosphate, subsidiary








C_2022179EN.01000101.xml










2.5.2022   


EN


Official Journal of the European Union


C 179/1






Non-opposition to a notified concentration
(Case M.10689 – OCP GROUP / KOCH INDUSTRIES / JORF FERTILIZER COMPANY)
(Text with EEA relevance)
(2022/C 179/01)
On 25 April 2022, 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 policy’ 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 32022M10689. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Case C-281/22: Request for a preliminary ruling from the Oberlandesgericht Wien (Austria) lodged on 25 April 2022 — G.K., B.O.D. GmbH, S.L.
Date: 2022-04-25
Institutions: Court of Justice
Subjects: EU Member State, European Public Prosecutor's Office, enhanced cooperation, judicial cooperation in criminal matters in the EU, judicial investigation, judicial review, public prosecutor's department








C_2022318EN.01002301.xml










22.8.2022   


EN


Official Journal of the European Union


C 318/23






Request for a preliminary ruling from the Oberlandesgericht Wien (Austria) lodged on 25 April 2022 — G.K., B.O.D. GmbH, S.L.
(Case C-281/22)
(2022/C 318/32)
Language of the case: German

Referring court

Oberlandesgericht Wien

Parties to the main proceedings


Accused and appellant: G.K., B.O.D. GmbH, S.L.

Other party to the proceedings: Austrian European Delegated Prosector

Questions referred







1.


Must EU law, in particular the first subparagraph of Article 31(3) and Article 32 of Council Regulation (EU) 2017/1939 of 12 October 2017 concerning the implementation of enhanced cooperation with a view to the establishment of a European Public Prosecutor’s Office (EPPO), (1) be interpreted as meaning that, in the case of cross-border investigations in the event that a court must approve a measure to be carried out in the Member State of the supporting European Delegated Prosecutor, all material aspects, such as criminal liability, suspicion of a criminal offence, necessity and proportionality, must be examined?










2.


Should the examination take into account whether the admissibility of the measure has already been examined by a court in the Member State of the European Delegated Prosecutor handling the case on the basis of the law of that Member State?










3.


In the event that the first question is answered in the negative and/or the second question in the affirmative, to what extent must a judicial review take place in the Member State of the supporting European Delegated Prosecutor?






(1)  OJ 2017 L 283, p. 1.
Prior notification of a concentration (Case M.10578 – CVC / EKATERRA) (Text with EEA relevance) 2022/C 170/06
Date: 2022-04-25
Institutions: Directorate-General for Competition, European Commission
Subjects: Poland, economic concentration, food chain, investment company, merger control, retail trade, tea








C_2022170EN.01001101.xml










25.4.2022   


EN


Official Journal of the European Union


C 170/11






Prior notification of a concentration
(Case M.10578 – CVC / EKATERRA)
(Text with EEA relevance)
(2022/C 170/06)

1.   
On 12 April 2022, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) involving the acquisition of sole control of ekaterra B.V. (‘ekaterra’) by CVC Capital Partners SICAV-FIS S.A. (‘CVC’) within the meaning of Article 3(1)(b) of Council Regulation (EC) No 139/2004.
This notification concerns the following undertakings:






—


CVC (Luxembourg),










—


ekaterra (Netherlands).




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


2.   
The business activities of the undertakings concerned are:






—


for CVC : CVC manages investment funds and platforms. One of CVC funds’ portfolio companies, Zabka Polska S.A., is active in grocery retail in Poland;










—


for ekaterra : ekaterra and its subsidiaries carry out a tea business, consisting of the cultivation, processing and supply of leaf tea, the researching and developing, manufacturing, producing, packaging, packing, marketing, distributing and selling of tea products worldwide (excluding Unilever’s interests in the PepsiLipton joint ventures with Pepsico in relation to ready-to-drink (‘RTD’) tea).






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.10578 – CVC / EKATERRA
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’).
Case T-408/21 R: Order of the President of the General Court of 25 April 2022 — HB v Commission (Interim relief — Public service contracts — Irregularities in the contract award procedure — Recovery of sums unduly paid — Enforceable decision — Application for interim measures — Urgency — Prima facie case — Weighing up of the interests)
Date: 2022-04-25
Institutions: General Court
Subjects: award of contract, claim, damages, debt, eligibility criteria, services contract








C_2022276EN.01001001.xml










18.7.2022   


EN


Official Journal of the European Union


C 276/10






Order of the President of the General Court of 25 April 2022 — HB v Commission
(Case T-408/21 R)
(Interim relief - Public service contracts - Irregularities in the contract award procedure - Recovery of sums unduly paid - Enforceable decision - Application for interim measures - Urgency - Prima facie case - Weighing up of the interests)
(2022/C 276/15)
Language of the case: French

Parties


Applicant: HB (represented by: L. Levi, lawyer)

Defendant: European Commission (represented by: B. Araujo Arce, J. Estrada de Solà and J. Baquero Cruz, acting as Agents)

Re:

By its application based on Articles 278 and 279 TFEU, the applicant seeks: (i) the suspension of the operation of Commission Decision C(2021) 3339 final of 5 May 2021 relating to the recovery of a debt in the amount of EUR 4 241 507,00 payable by the applicant under the contract with reference TACIS/2006/101-510, and Commission Decision C(2021) 3340 final of 5 May 2021 relating to the recovery of a debt in the amount of EUR 1 197 055,86 payable by the applicant under the contract with reference CARDS/2008/166-429; (ii) an injunction preventing the European Commission from recovering the amounts in those decisions; and (iii) an order requiring the Commission to pay symbolic damages of EUR 1.

Operative part of the order







1.


The operation of Decision C(2021) 3339 final, relating to the recovery of a debt in the amount of EUR 4 241 507,00 payable by HB under the contract with reference TACIS/2006/101-510, and Commission Decision C(2021) 3340 final of 5 May 2021 relating to the recovery of a debt in the amount of EUR 1 197 055,86 payable by the applicant under the contract with reference CARDS/2008/166-429, is suspended.










2.


Costs are reserved.
Prior notification of a concentration (Case M.10706 – HAL INVESTMENTS / ROYAL BOSKALIS WESTMINSTER) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 170/05
Date: 2022-04-25
Institutions: Directorate-General for Competition, European Commission
Subjects: dredging, economic concentration, investment company, maritime transport, merger control, provision of services








C_2022170EN.01001001.xml










25.4.2022   


EN


Official Journal of the European Union


C 170/10






Prior notification of a concentration
(Case M.10706 – HAL INVESTMENTS / ROYAL BOSKALIS WESTMINSTER)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 170/05)

1.   
On 13 April 2022, 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:






—


HAL Investments B.V (‘Hal’, the Netherlands), belonging to the Hal Trust group,










—


Royal Boskalis Westminster N.V. (the ‘Target’, the Netherlands).




Hal will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of the Target.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are the following:






—


Hal is a global investment company, with investments in a variety of sectors, including the maritime sector, tank storage, media, financial services, retail, office furniture and timber and building supplies.










—


Target is a global maritime services company, active in dredging, offshore installation, offshore transport, subsea services, towage and salvage as well as inland infrastructure.






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 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.10706 – HAL INVESTMENTS / ROYAL BOSKALIS WESTMINSTER
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.
Notice of a request concerning the applicability of Article 34 of Directive 2014/25/EU Request made by a Contracting Entity 2022/C 170/04
Date: 2022-04-25
Institutions: Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs, European Commission
Subjects: Romania, award of contract, energy production, natural gas, petroleum production








C_2022170EN.01000901.xml










25.4.2022   


EN


Official Journal of the European Union


C 170/9






Notice of a request concerning the applicability of Article 34 of Directive 2014/25/EU
Request made by a Contracting Entity
(2022/C 170/04)
On 2 November 2021 the Commission received a request pursuant to Article 35 of Directive 2014/25/EU of the European Parliament and of the Council (1). The first working day following receipt of the request is 4 November 2021.
This request, made by OMV Petrom S.A, concerns activities relating to the production of crude oil and natural gas in Romania.
Article 34 of Directive 2014/25/EU provides that ‘contracts intended to enable an activity mentioned in Articles 8 to 14 to be carried out shall not be subject to this Directive if the Member State or the contracting entities having introduced the request pursuant to Article 35 can demonstrate that, in the Member State in which it is performed, the activity is directly exposed to competition on markets to which access is not restricted; nor shall design contests that are organised for the pursuit of such an activity in that geographic area be subject to this Directive’. The assessment of direct exposure to competition that can be carried out in the context of Directive 2014/25/EU is without prejudice to the full-fledged application of competition law.
The Commission is allowed a period of 90 working days to take a decision on this request, commencing on the working day referred to above. The initial deadline was 18 March 2022.
Pursuant to the fourth subparagraph of paragraph 1 to Annex IV of Directive 2014/25/EU, the deadline may be extended by the Commission with the agreement of those having made the request for exemption. As agreed by the Commission and OMV Petrom S.A, the period available to the Commission for deciding on this request is hereby set on 30 June 2022.
According to Article 35(5) of Directive 2014/25/EU, further requests concerning the same activities in Romania submitted before the expiry of the period opened in respect of this request shall not be considered as new procedures and shall be treated in the context of this request.


(1)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement procedures by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).
Prior notification of a concentration (Case M.10682 – VALEO / VSEA) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 170/08
Date: 2022-04-25
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, electric vehicle, engine, merger control, motor vehicle industry, vehicle parts








C_2022170EN.01001401.xml










25.4.2022   


EN


Official Journal of the European Union


C 170/14






Prior notification of a concentration
(Case M.10682 – VALEO / VSEA)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 170/08)

1.   
On 13 April 2022, 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:






—


Valeo SE (‘Valeo’, France), belonging to the Valeo group,










—


Valeo Siemens eAutomotive GmbH (‘VSEA’, Germany), jointly controlled by Valeo and Siemens AG.




Valeo will acquire within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of VSEA.
The concentration is accomplished by way of purchase of shares.


2.   
The business activities of the undertakings concerned are the following:






—


Valeo is a stock corporation active in the manufacture and distribution of automotive parts,










—


VSEA is a full-function joint venture between Valeo and Siemens AG that develops, produces and sells high-voltage electric motors and components for the specific use in electric cars (‘e-Cars’), and plug-in hybrid vehicles (‘Plug-in Hybrids’).






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 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.10682 – VALEO / VSEA
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.
Non-opposition to a notified concentration (Case M.10666 – BROOKFIELD / TELIA COMPANY / TELIA TOWERS SWEDEN) (Text with EEA relevance) 2022/C 192/01
Date: 2022-04-25
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, investment company, merger control, private investment, provision of services, public investment, telecommunications, television








C_2022192EN.01000101.xml










11.5.2022   


EN


Official Journal of the European Union


C 192/1






Non-opposition to a notified concentration
(Case M.10666 – BROOKFIELD / TELIA COMPANY / TELIA TOWERS SWEDEN)
(Text with EEA relevance)
(2022/C 192/01)
On 25 April 2022, 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 policy’ 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 32022M10666. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 22 April 2022 2022/C 170/03
Date: 2022-04-25
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2022170EN.01000801.xml










25.4.2022   


EN


Official Journal of the European Union


C 170/8






Euro exchange rates (1)

22 April 2022
(2022/C 170/03)

1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0817 




JPY


Japanese yen


138,83 




DKK


Danish krone


7,4402 




GBP


Pound sterling


0,83925 




SEK


Swedish krona


10,2780 




CHF


Swiss franc


1,0336 




ISK


Iceland króna


139,80 




NOK


Norwegian krone


9,6255 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


24,320 




HUF


Hungarian forint


370,35 




PLN


Polish zloty


4,6336 




RON


Romanian leu


4,9455 




TRY


Turkish lira


15,9446 




AUD


Australian dollar


1,4816 




CAD


Canadian dollar


1,3714 




HKD


Hong Kong dollar


8,4859 




NZD


New Zealand dollar


1,6193 




SGD


Singapore dollar


1,4784 




KRW


South Korean won


1 344,04 




ZAR


South African rand


16,8652 




CNY


Chinese yuan renminbi


7,0332 




HRK


Croatian kuna


7,5625 




IDR


Indonesian rupiah


15 603,47 




MYR


Malaysian ringgit


4,6784 




PHP


Philippine peso


56,721 




RUB


Russian rouble


 




THB


Thai baht


36,724 




BRL


Brazilian real


5,0926 




MXN


Mexican peso


22,0034 




INR


Indian rupee


82,6943 






(1)  Source: reference exchange rate published by the ECB.