do-me/EUR-LEX huggingface dataset:
Case T-456/22: Judgment of the General Court of 18 October 2023 — EIB v Syria (Arbitration clause — Loan agreement concerning the design, construction or installation and commissioning of infrastructure and equipment in a third country — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default)
Date: 2023-10-18
Institutions: General Court
Subjects: EIB loan, claim, harbour installation, interest, international loan








C_202301151EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1151


4.12.2023





Judgment of the General Court of 18 October 2023 — EIB v Syria
(Case T-456/22) (1)

(Arbitration clause - Loan agreement concerning the design, construction or installation and commissioning of infrastructure and equipment in a third country - Non-performance of the agreement - Repayment of the sums advanced - Default interest - Procedure by default)
(C/2023/1151)
Language of the case: English

Parties


Applicant: European Investment Bank (represented by: T. Gilliams, R. Stuart and F. Oxangoiti Briones, acting as Agents, and by D. Arts and E. Paredis, lawyers)

Defendant: Syrian Arab Republic

Re:

By its action based on Article 272 TFEU, the European Investment Bank (EIB) requests that the Syrian Arab Republic be ordered to pay the European Union, which it represents, the sum of EUR 18 440 034,97, together with interest, under Loan Agreement No 22057 concerning the design, construction or installation and commissioning of infrastructure and equipment in the multi-purpose port of Tartous (Syria) (‘the loan agreement’), and to pay it the sum of EUR 5 405,54, which has not been called, representing the default interest on the instalment due on 20 May 2022, accrued up to 14 June 2022, the date on which the European Union paid the related instalment of principal and contractual interest.

Operative part of the judgment

The Court:






1.


Orders the Syrian Arab Republic to repay the European Union, represented by the European Investment Bank (EIB), the sum of EUR 18 440 034,97 representing the principal amounts and the contractual and default interest due on 30 June 2022 and the EIB the sum of EUR 5 405,54 representing the default interest on the instalment due on 20 May 2022, accrued up to 14 June 2022, which has not been called by the EIB;










2.


Declares that the sum of EUR 13 942 526 comprising the principal amounts is to bear default interest, in accordance with the method laid down in Article 3.02 of Loan Agreement No 22057 concerning the design, construction or installation and commissioning of infrastructure and equipment in the port of Tartous (Syria), entered into by the EIB and the Syrian Arab Republic on 22 May 2003 and amended on 17 May 2006, 21 May 2007 and 10 July 2008, from 30 June 2022 until the date that payment is made;










3.


Orders the Syrian Arab Republic to pay the costs.






(1)  
            OJ C 359, 19.9.2022.


ELI: http://data.europa.eu/eli/C/2023/1151/oj
ISSN 1977-091X (electronic edition)
Case T-466/22: Judgment of the General Court of 18 October 2023 — EIB v Syria (Arbitration clause — Loan agreement concerning a water supply project in a third country — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default)
Date: 2023-10-18
Institutions: General Court
Subjects: EIB loan, claim, deadline for payment, interest, international loan








C_202301152EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1152


4.12.2023





Judgment of the General Court of 18 October 2023 — EIB v Syria
(Case T-466/22) (1)

(Arbitration clause - Loan agreement concerning a water supply project in a third country - Non-performance of the agreement - Repayment of the sums advanced - Default interest - Procedure by default)
(C/2023/1152)
Language of the case: English

Parties


Applicant: European Investment Bank (represented by: T. Gilliams, R. Stuart and F. Oxangoiti Briones, acting as Agents, and by D. Arts and E. Paredis, lawyers)

Defendant: Syrian Arab Republic

Re:

By its action based on Article 272 TFEU, the European Investment Bank (EIB) requests that the Syrian Arab Republic be ordered to pay the European Union, which it represents, the sum of EUR 363 150,97, together with interest, under Loan Agreement No 80310 concerning the financing of a water supply project in the Deir ez-Zor region (Syria).

Operative part of the judgment

The Court:






1.


Orders the Syrian Arab Republic to repay the European Union, represented by the European Investment Bank (EIB), the sum of EUR 363 150,97 representing the principal amounts and the contractual and default interest due on 30 June 2022;










2.


Declares that the sum of EUR 301 679,16 comprising the principal amounts is to bear default interest at the annual rate of 3,5 % from 30 June 2022 until the date that payment is made;










3.


Orders the Syrian Arab Republic to pay the costs.






(1)  
            OJ C 359, 19.9.2022.


ELI: http://data.europa.eu/eli/C/2023/1152/oj
ISSN 1977-091X (electronic edition)
Prior notification of a concentration (Case M.11277 – TPG / KKR / A-GAS) – Candidate case for simplified procedure
Date: 2023-10-18
Institutions: Directorate-General for Competition, European Commission
Subjects: capital market, economic concentration, insurance, investment company, merger control








C_202300304EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/304


18.10.2023






Prior notification of a concentration
(Case M.11277 – TPG / KKR / A-GAS)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2023/304)


1.   
On 11 October 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:






—


TPG, Inc (‘TPG’, USA),










—


KKR & Co. Inc (‘KKR’, USA),










—


Clean TopCo Limited (‘A-Gas’, Cayman Islands / United Kingdom), controlled by KKR.




TPG and KKR will acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of A-Gas.
The concentration is accomplished by way of purchase of shares.


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






—


TPG is a global alternative asset management firm,










—


KKR is a global investment firm, that offers alternative asset management as well as capital markets and insurance solutions.






3.   

The business activities of the undertaking A-Gas are the following: supply and lifecycle management of specialty gases worldwide.



4.   
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 treatment for certain concentrations under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.


5.   
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.11277 – TPG / KKR / A-GAS
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 160, 5.5.2023, p. 1.


ELI: http://data.europa.eu/eli/C/2023/304/oj
ISSN 1977-091X (electronic edition)
Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union – Cases where the Commission raises no objections – SA.104336Text with EEA relevance.
Date: 2023-10-18
Institutions: Directorate-General for Competition, European Commission
Subjects: Belgium, State aid, control of State aid, electricity supply, energy distribution, energy industry, energy production








C_202300265EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/265


18.10.2023






Authorisation for State aid pursuant to Articles 107 and 108 of the Treaty on the Functioning of the European Union
Cases where the Commission raises no objections
SA.104336
(Text with EEA relevance)
(C/2023/265)







Date of adoption of the decision


 




Aid number


SA.104336




Member State


Belgium




Region


 




Title (title and/or name of the beneficiary)


SA.104336 — Amendments to the capacity remuneration mechanism in Belgium




Legal basis


Electricity Act of 29 April 1999 on the organisation of the Belgian electricity market, modified by laws published on 16 May 2019, 19 March 2021, 16 February 2022, 4 March 2022, 7 June 2023 and 14 June 2023 in the Belgian Official Gazette. Implementing provisions for the CRM are laid down in Royal Decrees, Ministerial Decrees and regulatory approved market rules and contracts.




Type of measure


Scheme




Objective


Energy




Form of aid


Direct grant




Budget


Overall budget: 3 910 000 000  EUR
Annual budget: 245 000 000  EUR




Intensity


 




Duration


15.10.2021 — 15.10.2031




Economic sectors


Electric power generation, transmission and distribution




Name and address of the granting authority







Federal government — Ministry of Energy




Kruidtuinlaan 50-156 / Boulevard du Jardin Botanique 50-156, 1000 Brussel/Bruxelles








Other information


 




The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
https://competition-cases.ec.europa.eu/search?caseInstrument=SA


ELI: http://data.europa.eu/eli/C/2023/265/oj
ISSN 1977-091X (electronic edition)
Case T-468/22: Judgment of the General Court of 18 October 2023 — EIB v Syria (Arbitration clause — Loan agreement concerning a project for the reinforcement of the electricity transmission system in a third country — Non-performance of the agreement — Repayment of the sums advanced — Default interest — Procedure by default)
Date: 2023-10-18
Institutions: General Court
Subjects: EIB loan, electrical energy, energy grid, interest, international loan, project funding








C_202301154EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1154


4.12.2023





Judgment of the General Court of 18 October 2023 — EIB v Syria
(Case T-468/22) (1)

(Arbitration clause - Loan agreement concerning a project for the reinforcement of the electricity transmission system in a third country - Non-performance of the agreement - Repayment of the sums advanced - Default interest - Procedure by default)
(C/2023/1154)
Language of the case: English

Parties


Applicant: European Investment Bank (represented by: T. Gilliams, R. Stuart and F. Oxangoiti Briones, acting as Agents, and by D. Arts and E. Paredis, lawyers)

Defendant: Syrian Arab Republic

Re:

By its action based on Article 272 TFEU, the European Investment Bank (EIB) requests that the Syrian Arab Republic be ordered to pay the European Union, which it represents, the sums of EUR 22 856 655,23 and 1 984 763,43 Swiss francs (CHF), together with interest, under Loan Agreement No 20868 concerning a project for the reinforcement of the electricity transmission system in Syria.

Operative part of the judgment

The Court:






1.


Orders the Syrian Arab Republic to repay the European Union, represented by the European Investment Bank (EIB), the sums of EUR 22 856 655,23 and 1 984 763,43 Swiss francs (CHF) representing the principal amounts and the contractual and default interest due on 30 June 2022;










2.


Declares that the sums of EUR 18 655 393,62 and CHF 1 716 822,98 comprising the principal amounts are to bear default interest, in accordance with the method laid down in Article 3.02 of Loan Agreement No 20868 concerning a project for the reinforcement of the electricity transmission system in Syria, entered into by the EIB and the Syrian Arab Republic on 14 December 2000 and amended on 20 December 2004, from 30 June 2022 until the date that payment is made;










3.


Orders the Syrian Arab Republic to pay the costs.






(1)  
            OJ C 359, 19.9.2022.


ELI: http://data.europa.eu/eli/C/2023/1154/oj
ISSN 1977-091X (electronic edition)
Prior notification of a concentration (Case M.11167 – ALIMENTATION COUCHE-TARD / TOTALENERGIES (BELGIUM – LUXEMBOURG – GERMANY)) – Candidate case for simplified procedure
Date: 2023-10-18
Institutions: Directorate-General for Competition, European Commission
Subjects: Canada, EU Member State, European Economic Area, United States, economic concentration, electronic money, merger control, motor fuel, retail trade








C_202300300EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/300


18.10.2023






Prior notification of a concentration
(Case M.11167 – ALIMENTATION COUCHE-TARD / TOTALENERGIES (BELGIUM – LUXEMBOURG – GERMANY))
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2023/300)


1.   
On 9 October 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:






—


Alimentation Couche-Tard Inc. (‘Couche-Tard’, Canada),










—


TotalEnergies SE (‘TotalEnergies’, France).




Couche-Tard will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control over the retail service stations operated by TotalEnergies in Belgium, Germany, Luxembourg, and the Netherlands (the ‘Target Business’).
The concentration is accomplished by way of purchase of shares.


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






—


Couche-Tard operates retail service stations, including by issuing fuel cards. Couche-Tard is primarily active in Canada and the United States, and to a lesser extent in the EEA,










—


The Target Business includes service stations in Belgium, Luxembourg, Germany, the Netherlands, and the related fuel cards activity.






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 treatment for certain concentrations under Council Regulation (EC) No 139/2004 on the control of concentrations between undertakings (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.11167 – ALIMENTATION COUCHE-TARD / TOTALENERGIES (BELGIUM – LUXEMBOURG – GERMANY)
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 160, 5.5.2023, p. 1.


ELI: http://data.europa.eu/eli/C/2023/300/oj
ISSN 1977-091X (electronic edition)
Euro exchange rates – 17 October 2023
Date: 2023-10-18
Institutions: European Commission
Subjects: euro, exchange rate, money








C_202300293EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/293


18.10.2023






Euro exchange rates (1)


            17 October 2023
         
(C/2023/293)


1 euro =











 


Currency


Exchange rate




USD


US dollar


1,0569 




JPY


Japanese yen


158,03 




DKK


Danish krone


7,4610 




GBP


Pound sterling


0,86820 




SEK


Swedish krona


11,5300 




CHF


Swiss franc


0,9517 




ISK


Iceland króna


146,50 




NOK


Norwegian krone


11,5760 




BGN


Bulgarian lev


1,9558 




CZK


Czech koruna


24,603 




HUF


Hungarian forint


384,98 




PLN


Polish zloty


4,4273 




RON


Romanian leu


4,9685 




TRY


Turkish lira


29,5084 




AUD


Australian dollar


1,6622 




CAD


Canadian dollar


1,4411 




HKD


Hong Kong dollar


8,2681 




NZD


New Zealand dollar


1,7929 




SGD


Singapore dollar


1,4471 




KRW


South Korean won


1 429,58 




ZAR


South African rand


19,9138 




CNY


Chinese yuan renminbi


7,7288 




IDR


Indonesian rupiah


16 609,18 




MYR


Malaysian ringgit


5,0055 




PHP


Philippine peso


59,974 




RUB


Russian rouble


 




THB


Thai baht


38,482 




BRL


Brazilian real


5,3305 




MXN


Mexican peso


18,9577 




INR


Indian rupee


87,9585 






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


ELI: http://data.europa.eu/eli/C/2023/293/oj
ISSN 1977-091X (electronic edition)
Case T-402/20: Judgment of the General Court of 18 October 2023 — Zippo Manufacturing and Others v Commission (Commercial policy — Regulation (EU) 2020/502 — Measures adopted by the United States on imports of certain derivative aluminium and steel products — European Union decision to suspend equivalent trade concessions and other obligations — Additional customs duties on imports of products originating in the United States — Action for annulment — Standing to bring proceedings — Admissibility — Principle of good administration — Right to be heard)
Date: 2023-10-18
Institutions: General Court
Subjects: CCT duties, United States, admissibility, aluminium, import (EU), iron and steel product, originating product, rights of the defence, tariff preference, trade policy








C_202301134EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1134


4.12.2023





Judgment of the General Court of 18 October 2023 — Zippo Manufacturing and Others v Commission
(Case T-402/20) (1)

(Commercial policy - Regulation (EU) 2020/502 - Measures adopted by the United States on imports of certain derivative aluminium and steel products - European Union decision to suspend equivalent trade concessions and other obligations - Additional customs duties on imports of products originating in the United States - Action for annulment - Standing to bring proceedings - Admissibility - Principle of good administration - Right to be heard)
(C/2023/1134)
Language of the case: English

Parties


Applicants: Zippo Manufacturing Co. (Bradford, Pennsylvania, United States), Zippo GmbH (Emmerich am Rhein, Germany), Zippo SAS (Paris, France) (represented by: R. MacLean and D. Sevilla Pascual, lawyers)

Defendant: European Commission (represented by: J. Flett, G.-D. Balan and M. Mataija, acting as Agents)

Re:

By their action under Article 263 TFEU, the applicants seek the annulment of Commission Implementing Regulation (EU) 2020/502 of 6 April 2020 on certain commercial policy measures concerning certain products originating in the United States of America (OJ 2020 L 109, p. 10), in so far as that regulation concerns them.

Operative part of the judgment

The Court:






1.


Annuls Commission Implementing Regulation (EU) 2020/502 of 6 April 2020 on certain commercial policy measures concerning certain products originating in the United States of America in so far as it concerns products falling within CN code 9613 80 00;










2.


Orders the European Commission to pay the costs.






(1)  
            OJ C 271, 17.8.2020.


ELI: http://data.europa.eu/eli/C/2023/1134/oj
ISSN 1977-091X (electronic edition)
Case T-332/21: Judgment of the General Court of 18 October 2023 — Wizz Air Hungary v Commission (TAROM; COVID-19) (State aid — Romanian air transport market — Aid granted by Romania to TAROM in the context of the COVID-19 pandemic — State guarantee on loans — Decision not to raise any objections — Action for annulment — Locus standi — Substantial adverse effect on the applicant’s position on the market in question — Admissibility — Aid intended to make good the damage caused by an exceptional occurrence — Assessment of the damage — Causal link — Beneficiary’s pre-existing difficulties — Principle of non-discrimination — Freedom to provide services — Freedom of establishment — Obligation to state reasons)
Date: 2023-10-18
Institutions: General Court
Subjects: Romania, State aid, aid to undertakings, air transport, company in difficulties, control of State aid, coronavirus disease, epidemic, equal treatment, freedom to provide services, right of establishment








C_202301142EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2023/1142


4.12.2023





Judgment of the General Court of 18 October 2023 — Wizz Air Hungary v Commission (TAROM; COVID-19)
(Case T-332/21) (1)

(State aid - Romanian air transport market - Aid granted by Romania to TAROM in the context of the COVID-19 pandemic - State guarantee on loans - Decision not to raise any objections - Action for annulment - Locus standi - Substantial adverse effect on the applicant’s position on the market in question - Admissibility - Aid intended to make good the damage caused by an exceptional occurrence - Assessment of the damage - Causal link - Beneficiary’s pre-existing difficulties - Principle of non-discrimination - Freedom to provide services - Freedom of establishment - Obligation to state reasons)
(C/2023/1142)
Language of the case: English

Parties


Applicant: Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) (Budapest, Hungary) (represented by: E. Vahida, S. Rating and I.-G. Metaxas Maranghidis, lawyers)

Defendant: European Commission (represented by: L. Flynn, V. Bottka and L. Nicolae, acting as Agents)

Re:

By its action under Article 263 TFEU, the applicant seeks the annulment of Commission Decision C(2020) 6910 final of 2 October 2020 on State Aid SA.56810 (2020/N) — Romania — COVID-19: Aid to TAROM.

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Wizz Air Hungary Légiközlekedési Zrt. (Wizz Air Hungary Zrt.) to pay the costs.






(1)  
            OJ C 310, 2.8.2021.


ELI: http://data.europa.eu/eli/C/2023/1142/oj
ISSN 1977-091X (electronic edition)