do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.10885 – TRIVIUM / TCHIBO) Candidate case for simplified procedure (Text with EEA relevance) 2022/C 363/12
Date: 2022-09-22
Institutions: Directorate-General for Competition, European Commission
Subjects: coffee, consumer goods, economic concentration, investment company, merger control








C_2022363EN.01001801.xml










22.9.2022   


EN


Official Journal of the European Union


C 363/18






Prior notification of a concentration
(Case M.10885 – TRIVIUM / TCHIBO)
Candidate case for simplified procedure
(Text with EEA relevance)
(2022/C 363/12)

1.   
On 13 September 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:






—


Trivium Vermögensverwaltungs GmbH (‘Trivium’, Germany) and its ultimate solely controlling shareholder, a natural person,










—


TCHIBO Anlagen-Verwaltungsgesellschaft mbH and TCHIBO GmbH, together TCHIBO Group (‘TCHIBO’, Germany), ultimately controlled by Trivium and its ultimate solely controlling shareholder, a natural person, as well as Scintia Vermögensverwaltungs GmbH and its ultimate solely controlling shareholder, a natural person.




Trivium and its ultimately controlling shareholder will acquire within the meaning of Article 3(1)(b) control of the whole of TCHIBO.
The concentration is accomplished by way of contract or any other means.


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






—


Trivium is an investment vehicle incorporated under the laws of Germany,










—


TCHIBO is a provider of coffee, coffee solutions and other consumer goods.






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.10885 – TRIVIUM / TCHIBO
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-215/21: Judgment of the Court (Ninth Chamber) of 22 September 2022 (request for a preliminary ruling from the Juzgado de Primera Instancia no 2 de Las Palmas de Gran Canaria — Spain) — Zulima v Servicios prescriptor y medios de pagos EFC SAU (Reference for a preliminary ruling — Unfair terms in consumer contracts — Revolving credit agreement — Unfairness of the term relating to the rate of remunerative interest — Action brought by a consumer for a declaration that that agreement is void — Satisfaction of that consumer’s claims out of court — Costs incurred having to be borne by the consumer — Principle of effectiveness — National legislation capable of dissuading the consumer from exercising the rights conferred by Directive 93/13/EEC)
Date: 2022-09-22
Institutions: Court of Justice
Subjects: alternative dispute resolution, consumer credit, consumer protection, interest, legal expenses, unfair terms of contract








C_2022424EN.01001101.xml










7.11.2022   


EN


Official Journal of the European Union


C 424/11






Judgment of the Court (Ninth Chamber) of 22 September 2022 (request for a preliminary ruling from the Juzgado de Primera Instancia no 2 de Las Palmas de Gran Canaria — Spain) — Zulima v Servicios prescriptor y medios de pagos EFC SAU
(Case C-215/21) (1)

(Reference for a preliminary ruling - Unfair terms in consumer contracts - Revolving credit agreement - Unfairness of the term relating to the rate of remunerative interest - Action brought by a consumer for a declaration that that agreement is void - Satisfaction of that consumer’s claims out of court - Costs incurred having to be borne by the consumer - Principle of effectiveness - National legislation capable of dissuading the consumer from exercising the rights conferred by Directive 93/13/EEC)
(2022/C 424/11)
Language of the case: Spanish

Referring court

Juzgado de Primera Instancia no 2 de Las Palmas de Gran Canaria

Parties to the main proceedings


Applicant: Ms Zulima

Defendant: Servicios prescriptor y medios de pagos EFC SAU

Operative part of the judgment

Article 6(1) and Article 7(1) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, read in the light of the principle of effectiveness,
must be interpreted as:
not precluding national legislation, under which, in the context of court proceedings relating to a finding that a term in a contract between a seller or supplier and a consumer is unfair, the consumer concerned must, in the event that his or her claims are satisfied out of court, bear his or her own costs, provided that the court hearing the case necessarily takes account of any bad faith on the part of the seller or supplier concerned and, where appropriate, orders the latter to pay the costs relating to the court proceedings which that consumer was required to institute in order to assert the rights conferred on him or her by Directive 93/13.


(1)  OJ C 320, 9.8.2021.