18.2.2014   

EN

Official Journal of the European Union

C 46/1

—

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/en/index.htm) under document number 32014M7148. EUR-Lex is the online access to the European law.

18.2.2014   

EN

Official Journal of the European Union

C 46/1

—

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/en/index.htm) under document number 32011M6258. EUR-Lex is the online access to the European law.

18.2.2014   

EN

Official Journal of the European Union

C 46/2

—

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/en/index.htm) under document number 32014M7062. EUR-Lex is the online access to the European law.

18.2.2014   

EN

Official Journal of the European Union

C 46/2

—

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/en/index.htm) under document number 32014M7159. EUR-Lex is the online access to the European law.

18.2.2014   

EN

Official Journal of the European Union

C 46/3

18.2.2014   

EN

Official Journal of the European Union

C 46/5

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

18.2.2014   

EN

Official Journal of the European Union

C 46/6

18.2.2014   

EN

Official Journal of the European Union

C 46/7

18.2.2014   

EN

Official Journal of the European Union

C 46/8

(1)

The particular importance of the general principle of equal treatment for workers who do not reside in the Member State of their employment, including frontier workers, has been reiterated in the eighth recital and in Article 4 of Regulation (EC) No 883/2004.

(2)

Article 4 of Regulation (EC) No 883/2004 prohibits discrimination of persons to whom this Regulation applies.

(3)

The Court of Justice has also ruled that if the application of a provision of Union law is liable to be impeded by a measure adopted pursuant to the implementation of a bilateral convention, even where the convention falls outside the field of application of the Treaty, every Member State is under a duty to facilitate application of that provision (3).

(4)

Even if a convention concluded between a single Member State and one or more third countries does not come within the concept of ‘legislation’ within the meaning of Article 1(l) of Regulation (EC) No 883/2004, this cannot affect the obligation of every Member State to comply with the principle of equal treatment laid down in Article 45 of the Treaty (4).

(5)

For this reason, it should be made clear that bilateral conventions on social security between a Member State and a third country must be interpreted to the effect that the bilateral conventions must be applied in such a way as to not deprive a person and the members of his/her family (Article 1(i) of Regulation (EC) No 883/2004) from the rights attached to the exercise of the freedom of movement within the European Union as laid down in the Treaty.

(6)

The freedom of movement cannot be fully effective if a person to whom the legislation of a Member State other than his/her State of residence applies were not granted the same treatment in law as persons residing in that Member State who find themselves in the same situation.

(7)

The provisions in Title III, Chapter 1, of Regulation (EC) No 883/2004 contain conflict rules which determine under which conditions an insured person and the members of his/her family are entitled to sickness benefits in kind on behalf of the competent institution, while residing or staying in another Member State.

(8)

The intention of Articles 17 and 24 to 26 of Regulation (EC) No 883/2004 is to ensure that the grant of sickness benefits in kind should not be conditional on the residence of the insured person in the competent Member State in order not to deter migrant workers from exercising their right to free movement (5).

(9)

This also applies to family members as defined in Article 1(i) of Regulation (EC) No 883/2004 who shall receive in the Member State of residence sickness benefits in kind provided, on behalf of the competent institution, by the institution of the place of residence on the basis of Articles 17 or 24 to 26 of Regulation (EC) No 883/2004.

(10)

The principle of equal treatment should also apply in principle in cases where the competent Member State has concluded a bilateral convention with a third country in which provisions on sickness benefits in kind which become medically necessary in a third country are included, and provided that the third country is prepared to cooperate in individual cases,

1.

A Member State which has concluded a bilateral convention on social security with a third country in which provisions on sickness benefits in kind are included shall apply these provisions to persons to whom the legislation of this Member State applies, as well as to members of their family, who reside in another Member State and who are entitled to receive benefits in kind on the basis of Articles 17 or 24 to 26 of Regulation (EC) No 883/2004, in the situation where sickness benefits in kind become medically necessary during a period of stay in that third country.

2.

This Recommendation shall be published in the Official Journal of the European Union. It shall apply from the first day of the second month after its publication.

18.2.2014   

EN

Official Journal of the European Union

C 46/10

1.

On 7 February 2014, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings AVIVA France (France), belonging to the AVIVA Group, and Predica (France), belonging to the Crédit Agricole Group, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the ‘Campus Rimbaud’ complex of office buildings (‘the building complex’).

2.

The business activities of the undertakings concerned are:

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 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. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.7160 — Predica/AVIVA France/Saint-Denis building complex, to the following address:

18.2.2014   

EN

Official Journal of the European Union

C 46/11

1.

On 7 February 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 undertakings Brookfield Infrastructure Fund GP II LLC (‘Brookfield’, USA), ultimately controlled by Brookfield Asset Management Inc. (Canada) and Mitsui O.S.K. Lines, Ltd (‘MOL’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking International Transportation Inc. (‘ITI’, USA) by way of purchase of shares.

2.

The business activities of the undertakings concerned are:

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 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. Observations can be sent to the Commission by fax (+32 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.7192 — Brookfield/MOL/ITI, to the following address: