21.8.2014   

EN

Official Journal of the European Union

C 274/1

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in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). 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 32014M7207. EUR-Lex is the online access to European law.

21.8.2014   

EN

Official Journal of the European Union

C 274/2

21.8.2014   

EN

Official Journal of the European Union

C 274/3

Date of adoption of the decision

:

8 May 2014

Decision number

:

192/14/COL

Case number

:

71659

EFTA State

:

Norway

Title

:

Financing of Norwegian public dental health care services

Legal basis

:

Act on public dental health services of 3 June 1983 No 54

Objective

:

n.a.

Economic sectors

:

Dental health care

Other information

:

Based on measures undertaken and further commitments given by the Norwegian authorities to amend the current financing regime, the Authority’s concerns regarding the incompatibility of the Norwegian public dental health care services were dispelled and the investigation closed.

21.8.2014   

EN

Official Journal of the European Union

C 274/4

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Does the EEA Agreement, in particular the provisions on the freedom to provide services and freedom of establishment and/or individual acts of secondary law (for example, Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts or Directive 2006/123/EC on services in the internal market, which have both been incorporated into EEA law), require that where national law allows for legal persons to be convicted by a criminal court those convictions must also be clearly recorded, for example, in a criminal record?

21.8.2014   

EN

Official Journal of the European Union

C 274/4

1.

Is it consistent with Article 3(1), cf. Article 3(3), of Council Directive 2001/23/EC that the transferee undertaking assigns the individual employees covered by the transfer a place in a pay table set out in a collective agreement that applies in the transferee undertaking, with effect from a date after the collective agreement that applied in the transferor undertaking has expired, even if this results in a pay reduction for the individual employees?

2.

Does the answer to Question 1 depend on whether the collective agreement that applied to the employees of the transferor was still in force when the transferee’s collective agreement was made applicable to the employees covered by the transfer of the undertaking?

3.

Does the answer to Question 1 depend on whether the reduction in pay is significant or not?

21.8.2014   

EN

Official Journal of the European Union

C 274/5

1.

On 11 August 2014, the European Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Bain Capital Investors, LLC (‘Bain Capital’, United States of America) and Itochu Corporation (‘Itochu’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Bellsystem 24 Holdings Inc. (‘Bellsystem’, Japan) currently controlled by Bain Capital, by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

3.

On preliminary examination, the European 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 the Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

4.

The European Commission invites interested third parties to submit their possible observations on the proposed operation to the European Commission.

Observations must reach the European Commission not later than 10 days following the date of this publication. Observations can be sent to the European Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7374 — Bain Capital / Itochu / Bellsystem, to the following address:

21.8.2014   

EN

Official Journal of the European Union

C 274/6

1.

On 14 August 2014, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertaking Chiquita Brands International, Inc. (‘Chiquita’, the United States) and the undertaking Fyffes plc (‘Fyffes’, Ireland) merge within the meaning of Article 3(1)(a) of the Merger Regulation.

2.

The business activities of the undertakings concerned are:

—   for Chiquita: import and wholesale of fresh produce, in particular bananas. In the EEA, Chiquita's activities also include the supply of pineapples, and other fruit, as well as the provision of ripening and shipping services,

—   for Fyffes: procurement, shipping, import and wholesale of bananas. In the EEA, Fyffes also supplies other fruit, including pineapples, and provides ripening and shipping services.

3.

On preliminary examination, the Commission finds that the notified concentration could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved.

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. Observations can be sent to the Commission by fax (+32 22964301), by e-mail to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.7220 — Chiquita Brands International/Fyffes to the following address:

21.8.2014   

EN

Official Journal of the European Union

C 274/7

(a)

conflict with the name of a plant variety or an animal breed and as a result is likely to mislead the consumer as to the true origin of the product;

(b)

be wholly or partially homonymous with that of a name already protected in the Union under Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), or contained in the agreements the Union has concluded with the following countries:

—   Switzerland: Decision 2002/309/EC, Euratom of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation (2) and in particular the Agreement between the European Community and the Swiss Federation on trade in agricultural products — Annex 7,

—   Korea: Council Decision 2011/265/EU of 16 September 2010 on the signing, on behalf of the European Union, and provisional application of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (3),

—   Central America: Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (4),

—   Colombia and Peru: Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part (5),

—   Montenegro: Council Decision 2007/855/EC of 15 October 2007 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Montenegro, of the other part (6),

—   Bosnia and Herzegovina: Council Decision 2008/474/EC of 16 June 2008 on the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part (7), Protocol 6,

—   Serbia: Council Decision 2010/36/EC of 29 April 2008 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and the Republic of Serbia, of the other part (8),

—   Moldova: Council Decision 2013/7/EU of 3 December 2012 on the conclusion of the Agreement between the European Union and the Republic of Moldova on the protection of geographical indications of agricultural products and foodstuffs (9),

—   Georgia: Council Decision 2012/164/EU of 14 February 2012 on the conclusion of the Agreement between the European Union and Georgia on the protection of geographical indications of agricultural products and foodstuffs (10);

(c)

in the light of a trade mark’s reputation and renown and the length of time it has been used, be liable to mislead the consumer as to the true identity of the product;

(d)

jeopardise the existence of an entirely or partly identical name or of a trade mark or the existence of products which have been legally on the market for at least five years preceding the date of the publication of this notice;

(e)

or if they can give details from which it can be concluded that the name for which protection is considered is generic.