# C_2017197EN.01002301.xml

| 21.6.2017 | EN | Official Journal of the European Union | C 197/23 |
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21.6.2017

EN

Official Journal of the European Union

C 197/23

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Prior notification of a concentration

(Case M.8437 — Stadler Rail/ÖBB-TS/Stadler Linz JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2017/C 197/07)

| 1. | On 8 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings ÖBB-Technische Services-Gesellschaft GmbH (‘ÖBB-TS’, Austria) and Stadler Rail AG (‘Stadler Rail’, Switzerland) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of the undertaking Stadler Linz GmbH (‘Stadler Linz’, Austria) by way of purchase of shares. |
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1.

On 8 June 2017, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the undertakings ÖBB-Technische Services-Gesellschaft GmbH (‘ÖBB-TS’, Austria) and Stadler Rail AG (‘Stadler Rail’, Switzerland) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the whole of the undertaking Stadler Linz GmbH (‘Stadler Linz’, Austria) by way of purchase of shares.

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| 2. | The business activities of the undertakings concerned are:
  —   ÖBB-TS: maintenance of rail vehicles, reconditioning of parts/components, construction and operation of rail infrastructure, provision of rail transport services, manufacture and sale of rail vehicles,
  —   Stadler Rail: maintenance of rail vehicles including parts service, manufacture and sale of rail vehicles,
  —   Stadler Linz: maintenance of rail vehicles. |
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2.

The business activities of the undertakings concerned are:

—   ÖBB-TS: maintenance of rail vehicles, reconditioning of parts/components, construction and operation of rail infrastructure, provision of rail transport services, manufacture and sale of rail vehicles,

ÖBB-TS

—   Stadler Rail: maintenance of rail vehicles including parts service, manufacture and sale of rail vehicles,

Stadler Rail

—   Stadler Linz: maintenance of rail vehicles.

Stadler Linz

| 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. This case is a candidate for treatment under the simplified procedure set out in the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2). |
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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. This case is a candidate for treatment under the simplified procedure set out in the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2).

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| 4. | The Commission invites interested third parties to submit to it their observations on the proposed operation.
  Observations must reach the Commission no later than 10 days following the date of publication of this notification. 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 M.8437 — Stadler Rail/ÖBB-TS/Stadler Linz JV, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

4.

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

Observations must reach the Commission no later than 10 days following the date of publication of this notification. 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 M.8437 — Stadler Rail/ÖBB-TS/Stadler Linz JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

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(2)  OJ C 366, 14.12.2013, p. 5.

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