do-me/EUR-LEX huggingface dataset:
Prior notification of a concentration (Case M.11261 – ARDIAN / ATTERO) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 317/07
Date: 2023-09-07
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, energy production, investment company, merger control, waste, waste management








C_2023317EN.01001001.xml










7.9.2023   


EN


Official Journal of the European Union


C 317/10







Prior notification of a concentration
(Case M.11261 – ARDIAN / ATTERO)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 317/07)


1.   
On 30 August 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:






—


Ardian France S.A. (‘Ardian’, France), controlled by the ultimate parent company of the Ardian Group, Ardian Holding S.A.S. (France),










—


Sabaton Ventures Holdco B.V. (‘Netherlands’), the ultimate parent company of the Attero Group (‘Attero’, Netherlands),




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


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






—


Ardian is a private equity investor and asset manager,










—


Attero is a waste management and waste treatment company. Its activities include generating energy from waste, recycling plastic, processing organic waste, valorisation of inert mineral waste, soil remediation, and debris recycling.






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.11261– ARDIAN / ATTERO
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.
Euro exchange rates (Source: reference exchange rate published by the ECB.) 6 September 2023 2023/C 317/04
Date: 2023-09-07
Institutions: European Commission
Subjects: euro, exchange rate, money








C_2023317EN.01000501.xml










7.9.2023   


EN


Official Journal of the European Union


C 317/5







Euro exchange rates (1)


            6 September 2023
         
(2023/C 317/04)


1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0745 




JPY


Japanese yen


158,18 




DKK


Danish krone


7,4563 




GBP


Pound sterling


0,85503 




SEK


Swedish krona


11,9105 




CHF


Swiss franc


0,9561 




ISK


Iceland króna


143,90 




NOK


Norwegian krone


11,4920 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


24,217 




HUF


Hungarian forint


389,15 




PLN


Polish zloty


4,5010 




RON


Romanian leu


4,9603 




TRY


Turkish lira


28,7720 




AUD


Australian dollar


1,6801 




CAD


Canadian dollar


1,4659 




HKD


Hong Kong dollar


8,4261 




NZD


New Zealand dollar


1,8224 




SGD


Singapore dollar


1,4624 




KRW


South Korean won


1 430,83 




ZAR


South African rand


20,6702 




CNY


Chinese yuan renminbi


7,8476 




IDR


Indonesian rupiah


16 431,79 




MYR


Malaysian ringgit


5,0222 




PHP


Philippine peso


61,257 




RUB


Russian rouble


 




THB


Thai baht


38,166 




BRL


Brazilian real


5,3502 




MXN


Mexican peso


18,8455 




INR


Indian rupee


89,3410 






(1)  
            Source: reference exchange rate published by the ECB.
Prior notification of a concentration (M.11235 – PORR BAU / IGO TECHNOLOGIES / SANITÄR-ELEMENTBAU) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 317/09
Date: 2023-09-07
Institutions: Directorate-General for Competition, European Commission
Subjects: building industry, economic concentration, merger control








C_2023317EN.01001301.xml










7.9.2023   


EN


Official Journal of the European Union


C 317/13







Prior notification of a concentration
(M.11235 – PORR BAU / IGO TECHNOLOGIES / SANITÄR-ELEMENTBAU)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 317/09)


1.   
On 28 August 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:






—


PORR Bau GmbH, (‘PORR’, Austria),










—


IGO Technologies GmbH (‘IGO’, Austria), controlled by IGO Industries Group,










—


Sanitär-Elementbau Gesellschaft m.b.H (‘Sanitär-Elementbau’, Austria), controlled by IGO.




PORR and IGO will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Sanitär-Elementbau.
The concentration is accomplished by way of purchase of shares.


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






—


PORR: is part of the PORR Group, which is a full-service provider in the construction sector and carries out construction projects in Europe and abroad.










—


IGO: is part of the IGO Industries Group, which is an internationally active and highly specialized association of technology companies that are active in technical building equipment and industrial plant construction.










—


Sanitär-Elementbau: active in manufacturing and sale of prefabricated sanitary installation systems (sanitary walls and prefabricated bathrooms) in Austria.






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.11235 – PORR BAU / IGO TECHNOLOGIES / SANITÄR-ELEMENTBAU
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.
Prior notification of a concentration (Case M.11245 – GTCR / WORLDPAY) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 317/12
Date: 2023-09-07
Institutions: Directorate-General for Competition, European Commission
Subjects: economic concentration, financial services, financial transaction, investment company, merger control, payment








C_2023317EN.01001901.xml










7.9.2023   


EN


Official Journal of the European Union


C 317/19







Prior notification of a concentration
(Case M.11245 – GTCR / WORLDPAY)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 317/12)


1.   
On 31 August 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:






—


Funds managed by GTCR, LLC (‘GTCR’, USA),










—


New Boost Holdco, LLC (‘Worldpay’, USA).




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


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






—


GTCR is a private equity firm focused on investing in growth companies in the Financial Services & Technology, Healthcare, Technology, Media & Telecommunications and Business Services industries,










—


Worldpay is a global payments technology company, providing merchant acquiring services and related technology services to merchants.






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.11245 – GTCR / WORLDPAY
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.
Withdrawal of notification of a concentration (Case M.11196 – CVC / WORXINVEST / SD WORX) (Text with EEA relevance) 2023/C 317/02
Date: 2023-09-07
Institutions: Directorate-General for Competition, European Commission
Subjects: consultancy, economic concentration, investment, investment company, merger control, personnel administration, provision of services, wage cost








C_2023317EN.01000201.xml










7.9.2023   


EN


Official Journal of the European Union


C 317/2







Withdrawal of notification of a concentration
(Case M.11196 – CVC / WORXINVEST / SD WORX)
(Text with EEA relevance)
(2023/C 317/02)

On 21 August 2023, the European Commission received notification (1) of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (2) (‘Merger Regulation’).
On 31 August 2023, the notifying parties informed the Commission that they withdrew their notification.


(1)  
            OJ C 305, 29 August 2023, p. 7.

(2)  
            OJ L 24, 29.1.2004, p. 1.
Case C-162/22, Lietuvos Respublikos generalinė prokuratūra: Judgment of the Court (First Chamber) of 7 September 2023 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — Proceedings brought by A.G. (Reference for a preliminary ruling — Telecommunications — Processing of personal data in the electronic communications sector — Directive 2002/58/EC — Scope — Article 15(1) — Data retained by providers of electronic communications services and made available to authorities in charge of criminal proceedings — Subsequent use of those data in an investigation into misconduct in office)
Date: 2023-09-07
Institutions: Court of Justice
Subjects: corruption, data protection, data-processing law, disciplinary proceedings, fight against crime, personal data, protection of communications, telecommunications








C_202300194EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/194


23.10.2023





Judgment of the Court (First Chamber) of 7 September 2023 (request for a preliminary ruling from the Lietuvos vyriausiasis administracinis teismas — Lithuania) — Proceedings brought by A.G.
(Case C-162/22, (1) Lietuvos Respublikos generalinė prokuratūra)
(Reference for a preliminary ruling - Telecommunications - Processing of personal data in the electronic communications sector - Directive 2002/58/EC - Scope - Article 15(1) - Data retained by providers of electronic communications services and made available to authorities in charge of criminal proceedings - Subsequent use of those data in an investigation into misconduct in office)
(C/2023/194)
Language of the case: Lithuanian

Referring court

Lietuvos vyriausiasis administracinis teismas

Parties to the main proceedings


Appellant: A.G.

Other party: Lietuvos Respublikos generalinė prokuratūra

Operative part of the judgment

Article 15(1) of Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), as amended by Directive 2009/136/EC of the European Parliament and of the Council of 25 November 2009, read in the light of Articles 7, 8 and 11 and Article 52(1) of the Charter of Fundamental Rights of the European Union,
must be interpreted as precluding the use, in connection with investigations into corruption-related misconduct in office, of personal data relating to electronic communications which have been retained, pursuant to a legislative measure adopted under that provision, by providers of electronic communications services and which have subsequently been made available, pursuant to that measure, to the competent authorities for the purpose of combating serious crime.


(1)  
            OJ C 237, 20.6.2022.


ELI: http://data.europa.eu/eli/C/2023/194/oj
ISSN 1977-091X (electronic edition)
Case C-559/23 P: Appeal brought on 7 September 2023 by International Management Group (IMG) against the judgment of the General Court (Seventh Chamber) delivered on 28 June 2023 in Case T-752/20, IMG v Commission
Date: 2023-09-07
Institutions: Court of Justice
Subjects: European Anti-fraud Office, confidentiality, damages, indemnification, interest, operation of the Institutions, protection of communications








C_202300210EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/210


23.10.2023





Appeal brought on 7 September 2023 by International Management Group (IMG) against the judgment of the General Court (Seventh Chamber) delivered on 28 June 2023 in Case T-752/20, IMG v Commission
(Case C-559/23 P)
(C/2023/210)
Language of the case: French

Parties


Appellant: International Management Group (IMG) (represented by: L. Levi and J.-Y. de Cara, avocats)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court of Justice should:






—


Set aside the judgment of the General Court of the European Union of 28 June 2023 in Case T-752/20, IMG v Commission;










—


Consequently, grant the form of order sought by the appellant at first instance and, accordingly,










—


Rule that the European Commission has incurred non-contractual liability;










—


Order the respondent to pay compensation for the damage sustained by the appellant, valued, subject to any adjustment, at EUR 10 000 per month for a period beginning in mid-December 2015 and running until delivery of the judgment to be given, in respect of non-material damage, and at EUR 2 100 000 in respect of material damage (to be increased by late payment interest);










—


Order the respondent to pay all the costs at first instance and on appeal.





Grounds of appeal and main arguments

In support of the appeal, the appellant raises five grounds.






(1)


Infringement of Article 340 TFEU and of the concept of a causal link — Breach by the first-instance court of the obligation to state reasons — Infringement of the omnia petita principle










(2)


Error of law — Error in the legal characterisation of the facts — Infringement of Article 340 TFEU and the concepts of unlawful conduct and imputability — Distortion of the file










(3)


Infringement of the duty of care — Disregard by the court of its obligation to state reasons










(4)


Infringement of the duty to act diligently — Infringement of Article 10(3) of Regulation No 883/2013 — Infringement of Article 340 TFEU and of the concept of unlawful conduct










(5)


On the request made by the Commission related to the opinion issued by the legal service: infringement of the adversarial principle and of the principle of equality of arms






ELI: http://data.europa.eu/eli/C/2023/210/oj
ISSN 1977-091X (electronic edition)
Prior notification of a concentration (Case M.11179 - BRIDGEPOINT / WINDAR) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 317/10
Date: 2023-09-07
Institutions: Directorate-General for Competition, European Commission
Subjects: advanced technology industry, economic concentration, financial services, healthcare industry, investment company, merger control, offshore wind energy production, power plant, turbine








C_2023317EN.01001501.xml










7.9.2023   


EN


Official Journal of the European Union


C 317/15







Prior notification of a concentration
(Case M.11179 - BRIDGEPOINT / WINDAR)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 317/10)


1.   
On 30 August 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:






—


Global Dromen, S.L. (Spain), an entity ultimately and indirectly controlled by Bridgepoint Group plc (‘Bridgepoint’, United Kingdom)










—


Windar Renovables, S.A.2 and its subsidiaries (‘Windar’, Spain)




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


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






—


BRIDGEPOINT is active in private asset growth investing across private equity and private debt, focusing on middle market businesses across four verticals: (i) Advanced Industrials, (ii) Business & Financial Services, (iii) Consumer and (iv) Healthcare, with Technology as a horizontal.










—


WINDAR is headquartered in Spain and manufactures wind towers and offshore foundations for wind turbines.






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.11179 – BRIDGEPOINT / WINDAR
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.
Prior notification of a concentration (Case M.11242 – EP CORPORATE GROUP / LEB / LEK) Candidate case for simplified procedure (Text with EEA relevance) 2023/C 317/06
Date: 2023-09-07
Institutions: Directorate-General for Competition, European Commission
Subjects: European Economic Area, Germany, United Kingdom, coal industry, economic concentration, electrical energy, electricity supply, energy distribution, energy production, gas supply, heating, merger control








C_2023317EN.01000801.xml










7.9.2023   


EN


Official Journal of the European Union


C 317/8







Prior notification of a concentration
(Case M.11242 – EP CORPORATE GROUP / LEB / LEK)
Candidate case for simplified procedure
(Text with EEA relevance)
(2023/C 317/06)


1.   
On 31 August 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:






—


EP Corporate Group, a.s. (‘EPCG’, Czechia),










—


Lausitz Energie Bergbau AG (‘LEB’, Germany), jointly controlled by EPCG and PPF Investments Ltd. (‘PPF’, USA),










—


Lausitz Energie Kraftwerke AG (‘LEK’, Germany), jointly controlled by EPCG and PPF.




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


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






—


EPCG is active in coal extraction, electricity and heat production and distribution, as well as electricity and gas supply in various countries within the EEA and the UK
,












—


LEB is active in the mining and supply of lignite in Germany,










—


LEK is active in the generation and supply of electricity in Germany.






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.11242 – EP CORPORATE GROUP / LEB / LEK
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.