do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.11158 – DEUTSCHE BÖRSE / SIMCORP) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 279/07
Date: 2023-08-08
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, financial services, investment company, merger control, provision of services, software








C_2023279EN.01000701.xml










8.8.2023   


EN


Official Journal of the European Union


C 279/7






Prior notification of a concentration
(Case M.11158 – DEUTSCHE BÖRSE / SIMCORP)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 279/07)

1.   
On 31 July 2023, 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:






—


Deutsche Börse AG (‘DBAG’, Germany),










—


SimCorp A/S (‘SimCorp’, Denmark).




DBAG will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of SimCorp.
The concentration is accomplished by way of public bid announced on 27 April 2023.


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






—


For DBAG: Listing, trading and post-trading services for cash equities and fixed income products, derivatives trading and clearing services, trading, clearing and collateral management services for repurchase agreements, provisioning of market data and index data, as well as technology services,










—


For SimCorp: Software solutions for investment management, data management, client communications and related services for asset managers, asset servicers, banks, insurance funds, pension funds and wealth managers.






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.11158 – DEUTSCHE BÖRSE / SIMCORP
Observations can be sent to the Commission by email or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu
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-512/23: Action brought on 8 August 2023 — Republic of Poland v European Parliament and Council of the European Union
Date: 2023-08-08
Institutions: Court of Justice
Subjects: adaptation to climate change, carbon neutrality, climate change, emission trading, greenhouse gas, import (EU), originating product, surveillance concerning imports, third country








C_2023338EN.01001401.xml










25.9.2023   


EN


Official Journal of the European Union


C 338/14






Action brought on 8 August 2023 — Republic of Poland v European Parliament and Council of the European Union
(Case C-512/23)
(2023/C 338/19)
Language of the case: Polish

Parties


Applicant: Republic of Poland (represented by: B. Majczyna, acting as Agent)

Defendant: European Parliament, Council of the European Union

Form of order sought

The applicant claims that the Court should:






—


annul in its entirety Regulation (EU) 2023/956 of the European Parliament and of the Council of 10 May 2023 establishing a carbon border adjustment mechanism (1)











—


order the European Parliament and the Council of the European Union to pay the costs.





Pleas in law and main arguments

Poland invokes against the contested Regulation 2023/956 a plea in law alleging infringement of point (a) of the first subparagraph of Article 192(2) TFEU in so far as that regulation is incorrectly based on Article 192(1) TFEU, whereas the measures it lays down establishing a carbon border adjustment mechanism (‘CBAM’) are provisions of a primarily fiscal nature.
The contested regulation lays down taxation rules, and in any event fiscal provisions. Both the objective and nature of the provisions introducing the CBAM are above all fiscal. The provisions of the contested regulation establish a new public charge and set out all the conditions for its collection. The fiscal function of the CBAM takes precedence over the environmental function of that measure. In addition, unlike the Emission Trading System (ETS) of the European Union, the CBAM is not a market-based measure and, therefore, the conditions set out in the Court’s case-law, which preclude a measure which forms part of the EU ETS from being regarded as a fiscal measure, are not satisfied.


(1)  
            OJ 2023 L 130, p. 52
Non-opposition to a notified concentration (Case M.11200 – MSI / VALORIZA) (Text with EEA relevance) 2023/C 285/01
Date: 2023-08-08
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, green area, investment bank, investment company, merger control, provision of services, urban infrastructure, waste disposal, waste recycling








C_2023285EN.01000101.xml










14.8.2023   


EN


Official Journal of the European Union


C 285/1






Non-opposition to a notified concentration
(Case M.11200 – MSI / VALORIZA)
(Text with EEA relevance)
(2023/C 285/01)
On 8 August 2023, 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 (https://competition-cases.ec.europa.eu/search). 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 32023M11200. EUR-Lex is the online point of access to European Union law.






(1)  OJ L 24, 29.1.2004, p. 1.