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Case C-248/16: Request for a preliminary ruling from the Oberster Gerichtshof (Austria) lodged on 2 May 2016 — Austria Asphalt GmbH & Co OG v Bundeskartellanwalt
ECLI:EU:UNKNOWN:62016CN0248
62016CN0248
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Valentina R., lawyer
18.7.2016
EN
Official Journal of the European Union
C 260/27
(Case C-248/16)
(2016/C 260/34)
Language of the case: German
Referring court
Parties to the main proceedings
Applicant: Austria Asphalt GmbH & Co OG
Defendant: Bundeskartellanwalt
Question referred
Must Article 3(1)(b) and Article 3(4) of Council Regulation (EC) No 139/2004 (1) of 20 January 2004 on the control of concentrations between undertakings (‘the Merger Regulation’) be interpreted to mean that a move from sole control to joint control of an existing undertaking, in circumstances where the undertaking previously having sole control becomes an undertaking exercising joint control, constitutes a concentration only where the controlled undertaking has on a lasting basis all the functions of an autonomous entity?
(1) Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ 2004 L 24, p. 1).
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Language of the case: German.