Prior notification of a concentration (Case M.11521 – DKV MOBILITY GROUP / SMART DIESEL / TAX REFUND) – Candidate case for simplified procedure
Date: 2024-05-29
Institutions: Directorate-General for Competition, European Commission
Subjects: VAT, economic concentration, electric vehicle, electronic money, merger control, motor fuel, provision of services, substitute fuel, tax rebate, toll








C_202403497EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/3497


29.5.2024






Prior notification of a concentration
(Case M.11521 – DKV MOBILITY GROUP / SMART DIESEL / TAX REFUND)
Candidate case for simplified procedure
(Text with EEA relevance)
(C/2024/3497)


1.   
On 21 May 2024, 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:






—


DKV Mobility Group (‘DKV Mobility’, Germany), ultimately controlled by Mr. Jan Fischer










—


Smart Diesel S.R.L. (‘Smart Diesel’, Romania), jointly controlled by DKV Mobility Group and Mr. Ovidiu-Ioan Andrieș (via Smart Invest Holdco S.A.),










—


Tax Refund S.R.L. (‘Tax Refund’, Romania), jointly controlled by DKV Mobility Group and Mr. Ovidiu-Ioan Andrieș (via Smart Invest Holdco S.A.).




DKV Mobility will acquire within the meaning of Article 3(1)(b) of the Merger Regulation sole control of the whole of Smart Diesel and Tax Refund.
The concentration is accomplished by way of purchase of shares.


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






—


DKV Mobility Group is mainly active in the sale of fuel cards for conventional fuel, alternative fuels and electric charge cards for electric vehicles; it also offers toll payment solutions, mobility solutions (i.e., parking, rental service, repairing of the vehicle, and innovative digital solutions, among others) and the provision of tax refund services of VAT and other taxes,










—


Smart Diesel is active in the issuance and resale of fuel cards and the provision of road toll payment services,










—


Tax Refund is active in VAT and other taxes refund services.






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.11521 – DKV MOBILITY GROUP / SMART DIESEL / TAX REFUND
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/2024/3497/oj
ISSN 1977-091X (electronic edition)