ISSN 1977-091X |
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Official Journal of the European Union |
C 362 |
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English edition |
Information and Notices |
Volume 61 |
Contents |
page |
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II Information |
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INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
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European Commission |
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2018/C 362/01 |
Non-opposition to a notified concentration (Case M.9080 — CEFC/Rockaway Capital/European Bridge Travel (II)) ( 1 ) |
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V Announcements |
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PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
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European Commission |
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2018/C 362/11 |
Prior notification of a concentration (Case M.9119 — SEGRO/PSPIB/Warehouse) — Candidate case for simplified procedure ( 1 ) |
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2018/C 362/12 |
Prior notification of a concentration (Case M.9048 — Delta Electronics/Delta Electronics Thailand) — Candidate case for simplified procedure ( 1 ) |
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(1) Text with EEA relevance. |
EN |
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II Information
INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
European Commission
8.10.2018 |
EN |
Official Journal of the European Union |
C 362/1 |
Non-opposition to a notified concentration
(Case M.9080 — CEFC/Rockaway Capital/European Bridge Travel (II))
(Text with EEA relevance)
(2018/C 362/01)
On 26 September 2018, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:
— |
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 32018M9080. EUR-Lex is the online access to European law. |
IV Notices
NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES
Council
8.10.2018 |
EN |
Official Journal of the European Union |
C 362/2 |
Conclusions of the Council and the representatives of the Governments of the Member States meeting within the Council on Best Practices regarding the Online Publication of Court Decisions
(2018/C 362/02)
1.
In modern democracies the Rule of Law requires that the application of the law by the judiciary is transparent and that citizens have adequate access to the sources of law. The publication of court decisions provides insight in how the law is applied by the judge. Knowledge about landmark cases is of the utmost importance for legal professionals, public bodies and citizens to be informed about the evolution of the law.
2.
The internet has revolutionised the way information can be disseminated; many courts and judicial authorities use modern technologies to make court decisions available to all.
3.
For the EU legal order to function properly, mutual knowledge of the legal systems of other Member States is indispensable, especially, but not only, regarding the application of EU law.
4.
The online publication of court decisions requires balancing a variety of interests, within the boundaries set by legal and policy frameworks. Sharing national best practices can serve as an inspiration for how these interests can be balanced.
5.
This document describes a set of such best practices. It should be stressed that these best practices lack a mandatory character, do not strive for any kind of harmonisation and should merely be viewed upon as an invitation for reflection. The extent to, and the way in which court decisions are published on the internet, is up to every individual Member State and/or court to decide.
6.
In this document, the term ‘court decisions’ covers all types of intermediary and final judicial decisions, under whatever name, rendered by tribunals or courts as defined by national law.
7.
These best practices only pertain to the active publication of court decisions on the internet; they do not cover the access to court records/decisions as governed by national regimes on access to public documents, as far as such regimes are based on providing access by individual requests in specific cases.
I. On selection
8. |
If only a selection of court decisions is published on the internet, written selection criteria can facilitate the work processes of the institutions responsible for the publication of court decisions, while at the same time creating transparency towards the public. For reasons of transparency, publishing the selection criteria may be considered, whether they are formulated in legislation, judicial decisions or policy guidelines. |
II. On data protection
9. |
With regard to the protection of personal data in court decisions (and their metadata) published on the internet, Member States are called upon to consider the implications of the Data Protection Directive, and, as from 25 May 2018, the General Data Protection Regulation (GDPR) and related instruments. |
10. |
On choosing a method (if any) for obscuring personal data in published court decisions, preserving the readability and comprehensibility of the text deserves special attention. |
11. |
National courts and other authorities are encouraged to take note of Article 95 of the Rules of Procedure of the Court of Justice, indicating the circumstances in which persons or entities concerned by the dispute in the main proceedings may be rendered anonymous within the preliminary ruling proceedings, and paragraphs 21 and 22 of the ‘Recommendations to national courts and tribunals in relation to the initiation of preliminary ruling proceedings’, containing additional information as to the procedure under Article 95 aforementioned. |
III. On reuse
12. |
It can be considered a good practice to make published court decisions, to the extent possible given technical or budgetary constraints and given the features of the drafting process, available for re-use in computer-readable formats. |
13. |
It can be considered a good practice, to make at least formal metadata available for reuse as well, in a well-structured format. |
14. |
To cater for the needs of reusers, adequate options for download might be considered. |
IV. On improving usability
15. |
Given the vast numbers in which court decisions are published online, not only the bare availability but also the usability of those repositories should be taken into consideration. Various facilities to strengthen the usability of databases and options to improve the accessibility of the information contained therein might be considered, depending on the volumes and particularities of the published decisions, actual needs from citizens and the legal community as well as national traditions. Some examples that might be taken into consideration are search engines and metadata. For metadata the mandatory and optional fields mentioned in the ECLI Conclusions could serve as inspiration. |
16. |
Comprehensive publication of court decisions contributes to the transparency of the judiciary, but on the other hand creates voluminous repositories in which it might be hard to find decisions of particular legal importance or societal impact. If technically and organisationally achievable, it would be advisable to supply for some kind of importance qualification, indicating which, and to which extent decisions are of relevance for others than the parties to the case. |
As a best practice with regard to univocal identification and citation of court decisions, the implementation of the European Case Law Identifier should be considered. To reap the full benefits of the ECLI framework, it can be advised that decisions that have an ECLI assigned are made available via the ECLI Search Engine.
European Commission
8.10.2018 |
EN |
Official Journal of the European Union |
C 362/4 |
Euro exchange rates (1)
5 October 2018
(2018/C 362/03)
1 euro =
|
Currency |
Exchange rate |
USD |
US dollar |
1,1506 |
JPY |
Japanese yen |
131,03 |
DKK |
Danish krone |
7,4589 |
GBP |
Pound sterling |
0,88165 |
SEK |
Swedish krona |
10,4438 |
CHF |
Swiss franc |
1,1433 |
ISK |
Iceland króna |
131,10 |
NOK |
Norwegian krone |
9,5133 |
BGN |
Bulgarian lev |
1,9558 |
CZK |
Czech koruna |
25,742 |
HUF |
Hungarian forint |
324,59 |
PLN |
Polish zloty |
4,3045 |
RON |
Romanian leu |
4,6708 |
TRY |
Turkish lira |
7,0963 |
AUD |
Australian dollar |
1,6270 |
CAD |
Canadian dollar |
1,4862 |
HKD |
Hong Kong dollar |
9,0137 |
NZD |
New Zealand dollar |
1,7784 |
SGD |
Singapore dollar |
1,5890 |
KRW |
South Korean won |
1 298,24 |
ZAR |
South African rand |
16,9754 |
CNY |
Chinese yuan renminbi |
7,9033 |
HRK |
Croatian kuna |
7,4225 |
IDR |
Indonesian rupiah |
17 466,11 |
MYR |
Malaysian ringgit |
4,7750 |
PHP |
Philippine peso |
62,455 |
RUB |
Russian rouble |
76,6706 |
THB |
Thai baht |
37,745 |
BRL |
Brazilian real |
4,4216 |
MXN |
Mexican peso |
21,8800 |
INR |
Indian rupee |
84,8835 |
(1) Source: reference exchange rate published by the ECB.
8.10.2018 |
EN |
Official Journal of the European Union |
C 362/5 |
Explanatory Notes to the Combined Nomenclature of the European Union
(2018/C 362/04)
Pursuant to Article 9(1)(a) of Council Regulation (EEC) No 2658/87 (1), the Explanatory Notes to the Combined Nomenclature of the European Union (2) are hereby amended as follows:
On page 383
‘9506 |
Articles and equipment for general physical exercise, gymnastics, athletics, other sports (including table tennis) or outdoor games, not specified or included elsewhere in this chapter; swimming pools and paddling pools’ |
The following text shall be added after the existing text:
‘This heading does not include resistance bands, fitness bands or similar products without handles. They are usually packed individually or in packs of two or more for retail sale. They are available in different colours and sizes and may have imprints. According to their objective characteristics, these bands are not identifiable as articles for general physical exercise. Consequently, they are to be classified according to their constituent material, for example in heading 4008 as “strips of non-cellular rubber” (See also note 1 and note 9 to Chapter 40).
’(1) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).
NOTICES FROM MEMBER STATES
8.10.2018 |
EN |
Official Journal of the European Union |
C 362/6 |
Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2018/C 362/05)
Member State |
Italy |
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Route concerned |
Alghero-Rome Fiumicino and vice versa |
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Period of validity of the contract |
From 1 April 2019 to 31 March 2022 |
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Deadline for submission of tenders |
Two months after the date of publication of this notice |
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Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained |
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8.10.2018 |
EN |
Official Journal of the European Union |
C 362/7 |
Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2018/C 362/06)
Member State |
Italy |
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Route concerned |
Alghero-Milan Linate and vice versa |
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Period of validity of the contract |
From 1 April 2019 to 31 March 2022 |
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Deadline for submission of tenders |
Two months after the date of publication of this notice |
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Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained |
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8.10.2018 |
EN |
Official Journal of the European Union |
C 362/8 |
Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2018/C 362/07)
Member State |
Italy |
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Route concerned |
Cagliari-Rome Fiumicino and vice versa |
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Period of validity of the contract |
From 1 April 2019 to 31 March 2022 |
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Deadline for submission of tenders |
Two months after the date of publication of this notice |
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Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained |
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8.10.2018 |
EN |
Official Journal of the European Union |
C 362/9 |
Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2018/C 362/08)
Member State |
Italy |
||||||||||||||
Route concerned |
Cagliari-Milan Linate and vice versa |
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Period of validity of the contract |
From 1 April 2019 to 31 March 2022 |
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Deadline for submission of tenders |
Two months after the date of publication of this notice |
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Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained |
|
8.10.2018 |
EN |
Official Journal of the European Union |
C 362/10 |
Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2018/C 362/09)
Member State |
Italy |
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Route concerned |
Olbia-Rome Fiumicino and vice versa |
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Period of validity of the contract |
From 1 April 2019 to 31 March 2022 |
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Deadline for submission of tenders |
Two months after the date of publication of this notice |
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Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained |
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8.10.2018 |
EN |
Official Journal of the European Union |
C 362/11 |
Commission information notice pursuant to Article 17(5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community
Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations
(Text with EEA relevance)
(2018/C 362/10)
Member State |
Italy |
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Route concerned |
Olbia-Milan Linate and vice versa |
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Period of validity of the contract |
From 1 April 2019 to 31 March 2022 |
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Deadline for submission of tenders |
Two months after the date of publication of this notice |
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Address from which the text of the invitation to tender and any relevant information and/or documentation relating to the public tender and the public service obligation can be obtained |
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V Announcements
PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY
European Commission
8.10.2018 |
EN |
Official Journal of the European Union |
C 362/12 |
Prior notification of a concentration
(Case M.9119 — SEGRO/PSPIB/Warehouse)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 362/11)
1.
On 1 October 2018, 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:
— |
SEGRO plc (‘SEGRO’, United Kingdom), |
— |
Public Sector Pension Investment Board (‘PSPIB’, Canada), |
— |
A logistics asset (the ‘Warehouse’, Spain). |
SEGRO and PSPIB acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the Warehouse.
The concentration is accomplished by way of purchase of assets.
2.
The business activities of the undertakings concerned are:— for SEGRO: ownership, asset management and development of modern warehousing and light industrial properties located around major conurbations and at key transportation hubs across a number of EU countries,
— for PSPIB: investment of net contributions to the pension funds of the federal Public Service, the Canadian Forces, the Royal Canadian Mounted Police and the Reserve Force, and management of a diversified global portfolio including stocks, bonds and other fixed-income securities, and investments in private equity, real estate infrastructure, natural resources and private debt,
— for the Warehouse: a parcel of land in Granollers (Barcelona, Spain), currently being developed into a distribution warehouse, scheduled for completion in November 2018, and for which a pre-let contract has already been signed.
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 the 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.9119 — SEGRO/PSPIB/Warehouse
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu |
Fax +32 22964301 |
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’).
8.10.2018 |
EN |
Official Journal of the European Union |
C 362/14 |
Prior notification of a concentration
(Case M.9048 — Delta Electronics/Delta Electronics Thailand)
Candidate case for simplified procedure
(Text with EEA relevance)
(2018/C 362/12)
1.
On 1 October 2018, 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:
— |
Delta Electronics, Inc. (‘DEI’, Taiwan), |
— |
Delta Electronics (Thailand) Public Company Ltd (‘DET’, Thailand). |
DEI acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of DET.
The concentration is accomplished by way of public bid announced on 31 July 2018.
2.
The business activities of the undertakings concerned are:— for DEI: DEI is primarily active in power and thermal management solutions but also present in the manufacturing and sale of industrial automation products, digital display products, telecommunication products, components for consumer electronics products, building automation solutions, renewable energy technology solutions, etc.,
— for DET: DET is an electronics manufacturing company focused on the production of power supplies, fan and thermal management, power systems, automotive electronics and related products. The products are used in applications for automotive, medical, telecommunications, IT, and more.
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 the 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.9048 — Delta Electronics/Delta Electronics Thailand
Observations can be sent to the Commission by email, by fax, or by post. Please use the contact details below:
Email: COMP-MERGER-REGISTRY@ec.europa.eu |
Fax +32 22964301 |
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’).