CELEX: 62016CA0248
Language: en
Date: 2017-09-07 00:00:00
Title: Case C-248/16: Judgment of the Court (Fifth Chamber) of 7 September 2017 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Austria Asphalt GmbH & Co OG v Bundeskartellanwalt (Reference for a preliminary ruling — Competition — Concentrations between undertakings — Regulation (EC) No 139/2004 — Article 3(1)(b) and (4) — Scope — Definition of ‘concentration’ — Change in the form of control of an existing undertaking which, previously exclusive, becomes joint — Creation of a joint venture performing on a lasting basis all the functions of an autonomous economic entity)

6.11.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 374/7
            
         Judgment of the Court (Fifth Chamber) of 7 September 2017 (request for a preliminary ruling from the Oberster Gerichtshof — Austria) — Austria Asphalt GmbH & Co OG v Bundeskartellanwalt
   (Case C-248/16) (1)
   
   ((Reference for a preliminary ruling - Competition - Concentrations between undertakings - Regulation (EC) No 139/2004 - Article 3(1)(b) and (4) - Scope - Definition of ‘concentration’ - Change in the form of control of an existing undertaking which, previously exclusive, becomes joint - Creation of a joint venture performing on a lasting basis all the functions of an autonomous economic entity))
   (2017/C 374/09)
   Language of the case: German
   
      Referring court
   
   Oberster Gerichtshof
   
      Parties to the main proceedings
   
   
      Applicant: Austria Asphalt GmbH & Co OG
   
      Defendant: Bundeskartellanwalt
   
      Operative part of the judgment
   
   Article 3 of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) must be interpreted as meaning that a concentration is deemed to arise upon a change in the form of control of an existing undertaking which, previously exclusive, becomes joint, only if the joint venture created by such a transaction performs on a lasting basis all the functions of an autonomous economic entity.
   
      (1)  OJ C 260, 18.7.2016.