# Official Journal C 38/15 F

| | ISSN 1725-2423 |
| --- | --- |
| Official Journal
  of the European Union | C 38 |
| | |
| English edition | Information and Notices | Volume 4815 February 2005 |

ISSN 1725-2423

Official Journal

of the European Union

C 38

English edition

Information and Notices

Volume 4815 February 2005

---

| Notice No | Contents | page |
| --- | --- | --- |
| | I   Information |
| | Commission |
| 2005/C 038/1 | Euro exchange rates | 1 |
| 2005/C 038/2 | Notice of initiation of an expiry review of the antidumping measures applicable to imports of dead-burned (sintered) magnesia originating in the People's Republic of China | 2 |
| 2005/C 038/3 | Non-opposition to a notified concentration (Case COMP/M.3611 — Borgwarner/BERU) (
  1
  ) | 6 |
| 2005/C 038/4 | Non-opposition to a notified concentration (Case COMP/M.3646 — Mabsa/Belgian State/BIAC/JV) (
  1
  ) | 6 |
| 2005/C 038/5 | Non-opposition to a notified concentration (Case COMP/M.3644 — Viterra/Deutschbau) (
  1
  ) | 7 |
| 2005/C 038/6 | Non-opposition to a notified concentration (Case COMP/M.3659 — Dresdner Bank/Cetelem/JV) (
  1
  ) | 7 |
| 2005/C 038/7 | Prior notification of a concentration (Case COMP/M.3584 — Hutchison Whampoa/North DN) — Candidate case for simplified procedure (
  1
  ) | 8 |
| 2005/C 038/8 | Prior notification of a concentration (Case COMP/M.3649 — FINMECCANICA/BAES AVIONICS & COMMUNICATIONS) (
  1
  ) | 9 |
| 2005/C 038/9 | Prior notification of a concentration (Case COMP/M.3735 — FINMECCANICA/AMS) — Candidate case for simplified procedure (
  1
  ) | 10 |
| 2005/C 038/0 | Prior notification of a concentration (Case COMP/M.3720 — BAES/AMS) (
  1
  ) | 11 |
| 2005/C 038/1 | Prior notification of a concentration (Case COMP/M.3714 — BRIDGEPOINT/ATTENDO) — Candidate case for simplified procedure (
  1
  ) | 12 |
| 2005/C 038/2 | Prior notification of a concentration (Case COMP/M.3723 — EQT/ISS/Health Care/Care Partner/JV) — Candidate case for simplified procedure (
  1
  ) | 13 |
| 2005/C 038/3 | Prior notification of a concentration (Case COMP/M.3643 — SEPHORA/EL CORTE INGLES/JV) (
  1
  ) | 14 |

Notice No

Contents

page

I   Information

Commission

2005/C 038/1

Euro exchange rates

1

2005/C 038/2

Notice of initiation of an expiry review of the antidumping measures applicable to imports of dead-burned (sintered) magnesia originating in the People's Republic of China

2

2005/C 038/3

Non-opposition to a notified concentration (Case COMP/M.3611 — Borgwarner/BERU) (
  1
  )

1

6

2005/C 038/4

Non-opposition to a notified concentration (Case COMP/M.3646 — Mabsa/Belgian State/BIAC/JV) (
  1
  )

1

6

2005/C 038/5

Non-opposition to a notified concentration (Case COMP/M.3644 — Viterra/Deutschbau) (
  1
  )

1

7

2005/C 038/6

Non-opposition to a notified concentration (Case COMP/M.3659 — Dresdner Bank/Cetelem/JV) (
  1
  )

1

7

2005/C 038/7

Prior notification of a concentration (Case COMP/M.3584 — Hutchison Whampoa/North DN) — Candidate case for simplified procedure (
  1
  )

1

8

2005/C 038/8

Prior notification of a concentration (Case COMP/M.3649 — FINMECCANICA/BAES AVIONICS & COMMUNICATIONS) (
  1
  )

1

9

2005/C 038/9

Prior notification of a concentration (Case COMP/M.3735 — FINMECCANICA/AMS) — Candidate case for simplified procedure (
  1
  )

1

10

2005/C 038/0

Prior notification of a concentration (Case COMP/M.3720 — BAES/AMS) (
  1
  )

1

11

2005/C 038/1

Prior notification of a concentration (Case COMP/M.3714 — BRIDGEPOINT/ATTENDO) — Candidate case for simplified procedure (
  1
  )

1

12

2005/C 038/2

Prior notification of a concentration (Case COMP/M.3723 — EQT/ISS/Health Care/Care Partner/JV) — Candidate case for simplified procedure (
  1
  )

1

13

2005/C 038/3

Prior notification of a concentration (Case COMP/M.3643 — SEPHORA/EL CORTE INGLES/JV) (
  1
  )

1

14

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN

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I Information

Commission

| 15.2.2005 | EN | Official Journal of the European Union | C 38/1 |
| --- | --- | --- | --- |

15.2.2005

EN

Official Journal of the European Union

C 38/1

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Euro exchange rates (1)

14 February 2005

(2005/C 38/01)

1 euro=

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2967 |
| JPY | Japanese yen | 136,2 |
| DKK | Danish krone | 7,4439 |
| GBP | Pound sterling | 0,6873 |
| SEK | Swedish krona | 9,0972 |
| CHF | Swiss franc | 1,5545 |
| ISK | Iceland króna | 81,13 |
| NOK | Norwegian krone | 8,4165 |
| BGN | Bulgarian lev | 1,9559 |
| CYP | Cyprus pound | 0,5831 |
| CZK | Czech koruna | 30,069 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 244,27 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,696 |
| MTL | Maltese lira | 0,4305 |
| PLN | Polish zloty | 4,011 |
| ROL | Romanian leu | 35 015 |
| SIT | Slovenian tolar | 239,75 |
| SKK | Slovak koruna | 38,115 |
| TRY | Turkish lira | 1,7053 |
| AUD | Australian dollar | 1,6471 |
| CAD | Canadian dollar | 1,596 |
| HKD | Hong Kong dollar | 10,1138 |
| NZD | New Zealand dollar | 1,8093 |
| SGD | Singapore dollar | 2,1286 |
| KRW | South Korean won | 1 329,38 |
| ZAR | South African rand | 7,8129 |

Currency

Exchange rate

USD

US dollar

1,2967

JPY

Japanese yen

136,2

DKK

Danish krone

7,4439

GBP

Pound sterling

0,6873

SEK

Swedish krona

9,0972

CHF

Swiss franc

1,5545

ISK

Iceland króna

81,13

NOK

Norwegian krone

8,4165

BGN

Bulgarian lev

1,9559

CYP

Cyprus pound

0,5831

CZK

Czech koruna

30,069

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

244,27

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,696

MTL

Maltese lira

0,4305

PLN

Polish zloty

4,011

ROL

Romanian leu

35 015

SIT

Slovenian tolar

239,75

SKK

Slovak koruna

38,115

TRY

Turkish lira

1,7053

AUD

Australian dollar

1,6471

CAD

Canadian dollar

1,596

HKD

Hong Kong dollar

10,1138

NZD

New Zealand dollar

1,8093

SGD

Singapore dollar

2,1286

KRW

South Korean won

1 329,38

ZAR

South African rand

7,8129

---

(1)

Source: reference exchange rate published by the ECB.

---

| 15.2.2005 | EN | Official Journal of the European Union | C 38/2 |
| --- | --- | --- | --- |

15.2.2005

EN

Official Journal of the European Union

C 38/2

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Notice of initiation of an expiry review of the antidumping measures applicable to imports of dead-burned (sintered) magnesia originating in the People's Republic of China

(2005/C 38/02)

Following the publication of a notice of impending expiry (1) of the anti-dumping measures in force on imports of dead-burned (sintered) magnesia originating in the People's Republic of China, (‘country concerned’), the Commission has received a request for review pursuant to Article 11(2) of Council Regulation (EC) No 384/96 (2) (‘the basic Regulation’).

1.   Request for review

The request was lodged on 16 November 2004 by Eurométaux (‘the applicant’) on behalf of producers representing a major proportion, in this case more than 25 % of the total Community production of dead-burned (sintered) magnesia.

2.   Product

The product under review is dead-burned (sintered) magnesia originating in the People's Republic of China (‘the product concerned’), currently classifiable within CN code 2519 90 30. This CN code is given only for information.

3.   Existing measures

The measures currently in force are a definitive anti-dumping duty imposed by Council Regulation (EC) No 360/2000 (3).

4.   Grounds for the review

The request is based on the grounds that the expiry of measures would be likely to result in a continuation or recurrence of dumping and injury to the Community industry.

In view of the provisions of Article 2(7) of the basic Regulation, the applicant established normal value for the People's Republic of China on the basis of the price in an appropriate market economy country, which is mentioned in paragraph 5.1(d) of this notice. The allegation of continuation of dumping is based on a comparison of normal value, as set out in the preceding sentence, with the export prices of the product concerned when sold for export to the Community.

On this basis, the dumping margin calculated is significant.

With regard to the recurrence of dumping it is also alleged that the exports to other third countries, i.e. the United States of America, are made at dumped prices.

The applicant further alleges the likelihood of further injurious dumping. In this respect the applicant presents evidence that, should measures be allowed to lapse, the current import level of the product concerned is likely to increase due to the existence of unused capacity and the large reserves of dead-burned (sintered) magnesia in the country concerned.

In addition, the applicant alleges that the removal of injury is mainly due to the existence of measures and that any recurrence of substantial imports at dumped prices from the country concerned would likely lead to a recurrence of further injury to the Community industry should measures be allowed to lapse.

5.   Procedure

Having determined, after consulting the Advisory Committee, that sufficient evidence exists to justify the initiation of an expiry review, the Commission hereby initiates a review in accordance with Article 11(2) of the basic Regulation.

5.1.   Procedure for the determination of likelihood of dumping and injury

The investigation will determine whether the expiry of the measures would be likely, or unlikely, to lead to a continuation or recurrence of dumping and injury.

(a)   Sampling

In view of the apparent number of parties involved in this proceeding, the Commission may decide to apply sampling, in accordance with Article 17 of the basic Regulation.

(i)   Sampling for exporters/producers in the People's Republic of China

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all exporters/producers or representatives acting on their behalf, are hereby requested to make themselves known by contacting the Commission and providing the following information on their company or companies within the time limit set in paragraph 6(b)(i) and in the formats indicated in paragraph 7 of this notice:

| — | name, address, e-mail address, telephone, and fax, and/or telex numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone, and fax, and/or telex numbers and contact person,

| — | the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Community during the period from 1 January 2004 to 31 December 2004, |
| --- | --- |

—

the turnover in local currency and the volume in tonnes of the product concerned sold for export to the Community during the period from 1 January 2004 to 31 December 2004,

| — | the turnover in local currency and the sales volume in tonnes for the product concerned sold to other third countries during the period from 1 January 2004 to 31 December 2004, |
| --- | --- |

—

the turnover in local currency and the sales volume in tonnes for the product concerned sold to other third countries during the period from 1 January 2004 to 31 December 2004,

| — | the precise activities of the company with regard to the production of the product concerned and the production volume in tonnes of the product concerned, the production capacity and the investments in production capacity during the period from 1 January 2004 to 31 December 2004, |
| --- | --- |

—

the precise activities of the company with regard to the production of the product concerned and the production volume in tonnes of the product concerned, the production capacity and the investments in production capacity during the period from 1 January 2004 to 31 December 2004,

| — | the names and the precise activities of all related companies (4) involved in the production and/or selling (export and/or domestic) of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (4) involved in the production and/or selling (export and/or domestic) of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample, |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample,

| — | an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response. |
| --- | --- |

—

an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response.

In order to obtain the information it deems necessary for the selection of the sample of exporters/producers, the Commission will, in addition, contact the authorities of the exporting country, and any known associations of exporters/producers.

(ii)   Sampling for importers

In order to enable the Commission to decide whether sampling is necessary and, if so, to select a sample, all importers, or representatives acting on their behalf, are hereby requested to make themselves known to the Commission and to provide the following information on their company or companies within the time limit set in paragraph 6(b)(i) and in the formats indicated in paragraph 7 of this notice:

| — | name, address, e-mail address, telephone, and fax, and/or telex numbers and contact person, |
| --- | --- |

—

name, address, e-mail address, telephone, and fax, and/or telex numbers and contact person,

| — | the total turnover in € of the company during the period from 1 January 2004 to 31 December 2004, |
| --- | --- |

—

the total turnover in € of the company during the period from 1 January 2004 to 31 December 2004,

| — | the total number of employees, |
| --- | --- |

—

the total number of employees,

| — | the precise activities of the company with regard to the product concerned, |
| --- | --- |

—

the precise activities of the company with regard to the product concerned,

| — | the volume in tonnes and value in EUR of imports into and resales made in the Community market during the period from 1 January 2004 to 31 December 2004 of the imported product concerned originating in the People's Republic of China, |
| --- | --- |

—

the volume in tonnes and value in EUR of imports into and resales made in the Community market during the period from 1 January 2004 to 31 December 2004 of the imported product concerned originating in the People's Republic of China,

| — | the names and the precise activities of all related companies (4) involved in the production and/or selling of the product concerned, |
| --- | --- |

—

the names and the precise activities of all related companies (4) involved in the production and/or selling of the product concerned,

| — | any other relevant information that would assist the Commission in the selection of the sample, |
| --- | --- |

—

any other relevant information that would assist the Commission in the selection of the sample,

| — | an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response. |
| --- | --- |

—

an indication of whether the company or companies agree to their inclusion in the sample, which implies replying to a questionnaire and accepting an on-the-spot investigation of their response.

In order to obtain the information it deems necessary for the selection of the sample of importers, the Commission will, in addition, contact any known associations of importers.

(iii)   Final selection of the samples

All interested parties wishing to submit any relevant information regarding the selection of the samples must do so within the time limit set in paragraph 6(b)(ii) of this notice.

The Commission intends to make the final selection of the samples after having consulted the parties concerned that have expressed their willingness to be included in the sample.

Companies included in the samples must reply to a questionnaire within the time limit set in paragraph 6(b)(iii) of this notice and must co-operate within the framework of the investigation.

If sufficient co-operation is not forthcoming, the Commission may base its findings, in accordance with Articles 17(4) and 18 of the basic Regulation, on the facts available. A finding based on facts available may be less advantageous to the party concerned, as explained in paragraph 8 of this notice.

(b)   Questionnaires

In order to obtain the information it deems necessary for its investigation, the Commission will send questionnaires to the Community industry and to any association of producers in the Community, to the sampled exporters/producers in the People's Republic of China, to any association of exporters/producers, to the sampled importers, to any association of importers named in the request or which co-operated in the investigation leading to the measures subject to the present review, and to the authorities of the exporting country concerned.

In any event, all interested parties should contact the Commission forthwith by fax in order to find out whether they are listed in the request and, if necessary, request a questionnaire within the time limit set in paragraph 6(a)(i) of this notice, given that the time limit set in paragraph 6(a)(ii) of this notice applies to all interested parties.

(c)   Collection of information and holding of hearings

All interested parties are hereby invited to make their views known, submit information other than questionnaire replies and to provide supporting evidence. This information and supporting evidence must reach the Commission within the time limit set in paragraph 6(a)(ii) of this notice.

Furthermore, the Commission may hear interested parties, provided that they make a request showing that there are particular reasons why they should be heard. This request must be made within the time limit set in paragraph 6(a)(iii) of this notice.

(d)   Selection of the market economy country

In the previous investigation Turkey was used as an appropriate market economy country for the purpose of establishing normal value in respect of the People's Republic of China. The Commission envisages to use Turkey again for this purpose. Interested parties are hereby invited to comment on the appropriateness of this country within the specific time limit set in paragraph 6(c) of this notice.

5.2.   Procedure for the assessment of Community interest

In accordance with Article 21 of the basic Regulation and in the event that the likelihood of a continuation or recurrence of dumping and injury is confirmed, a determination will be made as to whether to maintain, or repeal the anti-dumping measures would not be against the Community interest. For this reason the Community industry, importers, their representative associations, representative users and representative consumer organisations, provided that they prove that there is an objective link between their activity and the product concerned, may, within the general time limits set in paragraph 6(a)(ii) of this notice, make themselves known and provide the Commission with information. The parties which have acted in conformity with the previous sentence may request a hearing, setting the particular reasons why they should be heard, within the time limit set in paragraph 6(a)(iii) of this notice. It should be noted that any information submitted pursuant to Article 21 will only be taken into account if supported by factual evidence at the time of submission.

6.   Time limits

(a)   General time limits

(i)   For parties to request a questionnaire

All interested parties who did not co-operate in the investigation leading to the measures subject to the present review should request a questionnaire as soon as possible, but not later than 15 days after the publication of this notice in the Official Journal of the European Union.

(ii)   For parties to make themselves known, to submit questionnaire replies and any other information

All interested parties, if their representations are to be taken into account during the investigation, must make themselves known by contacting the Commission, present their views and submit questionnaire replies or any other information within 40 days of the date of publication of this notice in the Official Journal of the European Union, unless otherwise specified. Attention is drawn to the fact that the exercise of most procedural rights set out in the basic Regulation depends on the party's making itself known within the aforementioned period.

Companies selected in a sample must submit questionnaire replies within the time limit specified in paragraph 6(b)(iii) of this notice.

(iii)   Hearings

All interested parties may also apply to be heard by the Commission within the same 40-day time limit.

(b)   Specific time limit in respect of sampling

| (i) | The information specified in paragraphs 5.1(a)(i) and 5.1(a)(ii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
| --- | --- |

(i)

The information specified in paragraphs 5.1(a)(i) and 5.1(a)(ii) should reach the Commission within 15 days of the date of publication of this notice in the Official Journal of the European Union, given that the Commission intends to consult parties concerned that have expressed their willingness to be included in the sample on its final selection within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

| (ii) | All other information relevant for the selection of the sample as referred to in 5.1(a)(iii) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union. |
| --- | --- |

(ii)

All other information relevant for the selection of the sample as referred to in 5.1(a)(iii) must reach the Commission within a period of 21 days of the publication of this notice in the Official Journal of the European Union.

| (iii) | The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample. |
| --- | --- |

(iii)

The questionnaire replies from sampled parties must reach the Commission within 37 days from the date of the notification of their inclusion in the sample.

(c)   Specific time limit for the selection of the market economy country

Parties to the investigation may wish to comment on the appropriateness of Turkey which, as mentioned in paragraph 5.1(d) of this notice, is envisaged as a market-economy country for the purpose of establishing normal value in respect of the People's Republic of China. These comments must reach the Commission within 10 days of the date of publication of this notice in the Official Journal of the European Union.

7.   Written submissions, questionnaire replies and correspondence

All submissions and requests made by interested parties must be made in writing (not in electronic format, unless otherwise specified) and must indicate the name, address, e-mail address, telephone and fax, and/or telex numbers of the interested party. All written submissions, including the information requested in this notice, questionnaire replies and correspondence provided by interested parties on a confidential basis shall be labelled as ‘Limited
   (5)’ and, in accordance with Article 19(2) of the basic Regulation, shall be accompanied by a non-confidential version, which will be labelled ‘FOR INSPECTION BY INTERESTED PARTIES’.

Commission address for correspondence:

| European Commission |
| --- |
| Directorate General for Trade |
| Directorate B |
| Office: J-79 5/16 |
| B-1049 Brussels |
| Fax (32-2) 295 65 05 |
| Telex COMEU B 21877 |

European Commission

Directorate General for Trade

Directorate B

Office: J-79 5/16

B-1049 Brussels

Fax (32-2) 295 65 05

Telex COMEU B 21877

8.   Non-cooperation

In cases in which any interested party refuses access to or does not provide the necessary information within the time limits, or significantly impedes the investigation, provisional or final findings, affirmative or negative, may be made in accordance with Article 18 of the basic Regulation, on the basis of the facts available.

Where it is found that any interested party has supplied false or misleading information, the information shall be disregarded and use may be made of the facts available. If an interested party does not cooperate or cooperates only partially and findings are therefore based on facts available in accordance with Article 18 of the basic Regulation, the result may be less favourable to that party than if it had cooperated.

9.   Schedule of the investigation

The investigation will be concluded, according to Article 11(5) of the basic Regulation within 15 months of the date of the publication of this notice in the Official Journal of the European Union.

---

(1)  OJ C 215, 27.8.2004, p. 2.

(2)  OJ L 56, 6.3.1996, p.1, Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

(3)  OJ L 46, 18.2.2000, p.1, Regulation as last amended by Council Regulation (EC) No 986/2003 (OJ L 143, 11.06.2003, p. 5).

(4)  For guidance on the meaning of related companies, please refer to Article 143 of Commission Regulation (EEC) No 2454/93 concerning the implementation of the Community Customs Code (OJ L 253, 11.10.1993, p. 1).

(5)  This means that the document is for internal use only. It is protected pursuant to Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (OJ L 145, 31.5.2001, p. 43). It is a confidential document pursuant to Article 19 of Council Regulation (EC) No 384/96 (OJ L 56, 6.3.1996, p. 1) and Article 6 of the WTO Agreement on Implementation of Article VI of the GATT 1994 (Anti-Dumping Agreement).

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| 15.2.2005 | EN | Official Journal of the European Union | C 38/6 |
| --- | --- | --- | --- |

15.2.2005

EN

Official Journal of the European Union

C 38/6

---

Non-opposition to a notified concentration

(Case COMP/M.3611 — Borgwarner/BERU)

(2005/C 38/03)

(Text with EEA relevance)

On 17 December 2004, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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:

| — | from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site 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 under document number 32004M3611. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32004M3611. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

---

| 15.2.2005 | EN | Official Journal of the European Union | C 38/6 |
| --- | --- | --- | --- |

15.2.2005

EN

Official Journal of the European Union

C 38/6

---

Non-opposition to a notified concentration

(Case COMP/M.3646 — Mabsa/Belgian State/BIAC/JV)

(2005/C 38/04)

(Text with EEA relevance)

On 17 December 2004, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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:

| — | from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site 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 under document number 32004M3646. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32004M3646. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

---

| 15.2.2005 | EN | Official Journal of the European Union | C 38/7 |
| --- | --- | --- | --- |

15.2.2005

EN

Official Journal of the European Union

C 38/7

---

Non-opposition to a notified concentration

(Case COMP/M.3644 — Viterra/Deutschbau)

(2005/C 38/05)

(Text with EEA relevance)

On 17 December 2004, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in German and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site 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 under document number 32004M3644. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32004M3644. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

---

| 15.2.2005 | EN | Official Journal of the European Union | C 38/7 |
| --- | --- | --- | --- |

15.2.2005

EN

Official Journal of the European Union

C 38/7

---

Non-opposition to a notified concentration

(Case COMP/M.3659 — Dresdner Bank/Cetelem/JV)

(2005/C 38/06)

(Text with EEA relevance)

On 7 January 2005, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. 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:

| — | from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This web site 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 under document number 32005M3659. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex) |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32005M3659. EUR-Lex is the on-line access to European law. (http://europa.eu.int/eur-lex/lex)

---

| 15.2.2005 | EN | Official Journal of the European Union | C 38/8 |
| --- | --- | --- | --- |

15.2.2005

EN

Official Journal of the European Union

C 38/8

---

Prior notification of a concentration

(Case COMP/M.3584 — Hutchison Whampoa/North DN)

Candidate case for simplified procedure

(2005/C 38/07)

(Text with EEA relevance)

| 1. | On 4 February 2005, 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 Gas Network Limited (‘Gas Network’, UK), controlled by Cheung Kong Infrastructure Holdings Limited (‘CKI’, Hong Kong), the latter belonging to the Hutchison Whampoa group (‘Hutchison’, Hong Kong) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Blackwater F Limited (‘North DN’, UK) by way of purchase of shares. |
| --- | --- |

1.

On 4 February 2005, 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 Gas Network Limited (‘Gas Network’, UK), controlled by Cheung Kong Infrastructure Holdings Limited (‘CKI’, Hong Kong), the latter belonging to the Hutchison Whampoa group (‘Hutchison’, Hong Kong) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Blackwater F Limited (‘North DN’, UK) by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for undertaking Gas Network: special purpose vehicle of a consortium, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for undertaking Gas Network: special purpose vehicle of a consortium,

| — | for undertaking CKI: investment in and operation of infrastructure, energy and transportation businesses in Asia, Australia and Europe, |
| --- | --- |

—

for undertaking CKI: investment in and operation of infrastructure, energy and transportation businesses in Asia, Australia and Europe,

| — | for undertaking Hutchison: diversified industrial and services group, |
| --- | --- |

—

for undertaking Hutchison: diversified industrial and services group,

| — | for undertaking North DN: ownership and operation of the North England Gas Distribution Network. |
| --- | --- |

—

for undertaking North DN: ownership and operation of the North England Gas Distribution Network.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3584 — Hutchison Whampoa/North DN, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3584 — Hutchison Whampoa/North DN, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1

(2)  Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

---

| 15.2.2005 | EN | Official Journal of the European Union | C 38/9 |
| --- | --- | --- | --- |

15.2.2005

EN

Official Journal of the European Union

C 38/9

---

Prior notification of a concentration

(Case COMP/M.3649 — FINMECCANICA/BAES AVIONICS & COMMUNICATIONS)

(2005/C 38/08)

(Text with EEA relevance)

| 1. | On 7 February 2005, 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 Finmeccanica S.p.A. (Finmeccanica, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of UK avionics activities and the military communications business of BAE SYSTEMS plc (‘BAES’, UK) by way of purchase of shares and assets. |
| --- | --- |

1.

On 7 February 2005, 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 Finmeccanica S.p.A. (Finmeccanica, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of UK avionics activities and the military communications business of BAE SYSTEMS plc (‘BAES’, UK) by way of purchase of shares and assets.

| 2. | The business activities of the undertakings concerned are:






  — | Finmeccanica is active principally in the defence and aerospace sectors, such as the design, manufacture and support of aircraft, helicopters, satellites, missile systems, radar, avionics and communication systems, naval systems and armoured vehicles, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Finmeccanica is active principally in the defence and aerospace sectors, such as the design, manufacture and support of aircraft, helicopters, satellites, missile systems, radar, avionics and communication systems, naval systems and armoured vehicles,

| — | BAES is an international manufacturer of defence and commercial aerospace systems, including military aircraft, surface ships, submarines, radar, avionics, communications, electronics and weapons systems, |
| --- | --- |

—

BAES is an international manufacturer of defence and commercial aerospace systems, including military aircraft, surface ships, submarines, radar, avionics, communications, electronics and weapons systems,

| — | BAES's UK avionics activities include radar, electro-optics, electronic warfare systems, mission avionics systems and Communication, Navigation and Identification systems. BAES' military communications business includes military ground communication systems and military naval information and communication systems. |
| --- | --- |

—

BAES's UK avionics activities include radar, electro-optics, electronic warfare systems, mission avionics systems and Communication, Navigation and Identification systems. BAES' military communications business includes military ground communication systems and military naval information and communication systems.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3649 — FINMECCANICA/BAES AVIONICS & COMMUNICATIONS, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3649 — FINMECCANICA/BAES AVIONICS & COMMUNICATIONS, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1

---

| 15.2.2005 | EN | Official Journal of the European Union | C 38/10 |
| --- | --- | --- | --- |

15.2.2005

EN

Official Journal of the European Union

C 38/10

---

Prior notification of a concentration

(Case COMP/M.3735 — FINMECCANICA/AMS)

Candidate case for simplified procedure

(2005/C 38/09)

(Text with EEA relevance)

| 1. | On 7 February 2005, 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 Finmeccanica SpA (‘Finmeccanica’, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the Italian operating branch of AMS (‘AMS SpA’, Italy) and the AMS's air traffic control business. AMS is currently jointly-controlled by BAE SYSTEMS plc (‘BAES’, UK) and Finmeccanica. |
| --- | --- |

1.

On 7 February 2005, 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 Finmeccanica SpA (‘Finmeccanica’, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the Italian operating branch of AMS (‘AMS SpA’, Italy) and the AMS's air traffic control business. AMS is currently jointly-controlled by BAE SYSTEMS plc (‘BAES’, UK) and Finmeccanica.

| 2. | The business activities of the undertakings concerned are:






  — | Finmeccanica is active principally in the defence and aerospace sectors, such as the design, manufacture and support of aircraft, helicopters, satellites, missile systems, radar, avionics and communication systems, naval systems and armoured vehicles, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

Finmeccanica is active principally in the defence and aerospace sectors, such as the design, manufacture and support of aircraft, helicopters, satellites, missile systems, radar, avionics and communication systems, naval systems and armoured vehicles,

| — | AMS is active in the land and naval defence electronics markets, and in the air traffic control and air traffic management systems civil markets, |
| --- | --- |

—

AMS is active in the land and naval defence electronics markets, and in the air traffic control and air traffic management systems civil markets,

| — | BAES is an international manufacturer of defence and commercial aerospace systems, including military aircraft, surface ships, submarines, radar, avionics, communications, electronics and weapons systems. |
| --- | --- |

—

BAES is an international manufacturer of defence and commercial aerospace systems, including military aircraft, surface ships, submarines, radar, avionics, communications, electronics and weapons systems.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3735 — FINMECCANICA/AMS, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3735 — FINMECCANICA/AMS, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

---

| 15.2.2005 | EN | Official Journal of the European Union | C 38/11 |
| --- | --- | --- | --- |

15.2.2005

EN

Official Journal of the European Union

C 38/11

---

Prior notification of a concentration

(Case COMP/M.3720 — BAES/AMS)

(2005/C 38/10)

(Text with EEA relevance)

| 1. | On 7 February 2005, 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 BAE SYSTEMS plc (‘BAES’, UK) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the UK operating branch of AMS NV (‘AMS’), which is currently jointly-controlled by BAES and Finmeccanica SpA (‘Finmeccanica’, Italy). |
| --- | --- |

1.

On 7 February 2005, 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 BAE SYSTEMS plc (‘BAES’, UK) acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the UK operating branch of AMS NV (‘AMS’), which is currently jointly-controlled by BAES and Finmeccanica SpA (‘Finmeccanica’, Italy).

| 2. | The business activities of the undertakings concerned are:






  — | BAES is an international manufacturer of defence and commercial aerospace systems, including military aircraft, surface ships, submarines, radar, avionics, communications, electronics and weapons systems, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

BAES is an international manufacturer of defence and commercial aerospace systems, including military aircraft, surface ships, submarines, radar, avionics, communications, electronics and weapons systems,

| — | AMS is active in the land and naval defence electronics markets, and in the air traffic control and air traffic management systems civil markets, |
| --- | --- |

—

AMS is active in the land and naval defence electronics markets, and in the air traffic control and air traffic management systems civil markets,

| — | Finmeccanica is active principally in the defence and aerospace sectors, such as the design, manufacture and support of aircraft, helicopters, satellites, missile systems, radar, avionics and communication systems, naval systems and armoured vehicles. |
| --- | --- |

—

Finmeccanica is active principally in the defence and aerospace sectors, such as the design, manufacture and support of aircraft, helicopters, satellites, missile systems, radar, avionics and communication systems, naval systems and armoured vehicles.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3720 — BAES/AMS, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3720 — BAES/AMS, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

---

| 15.2.2005 | EN | Official Journal of the European Union | C 38/12 |
| --- | --- | --- | --- |

15.2.2005

EN

Official Journal of the European Union

C 38/12

---

Prior notification of a concentration

(Case COMP/M.3714 — BRIDGEPOINT/ATTENDO)

Candidate case for simplified procedure

(2005/C 38/11)

(Text with EEA relevance)

| 1. | On 7 February 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the investment fund Bridgepoint Europe II (‘BE II’), belonging to Bridgepoint Capital Group Limited (‘Bridgepoint’, UK), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Attendo AB (‘Attendo’, Sweden), by way of purchase of shares. |
| --- | --- |

1.

On 7 February 2005, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which the investment fund Bridgepoint Europe II (‘BE II’), belonging to Bridgepoint Capital Group Limited (‘Bridgepoint’, UK), acquires within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertaking Attendo AB (‘Attendo’, Sweden), by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for Bridgepoint: Management of private equity funds, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Bridgepoint: Management of private equity funds,

| — | for Attendo: Care services for elderly and disabled; social alarm and communication systems and response. |
| --- | --- |

—

for Attendo: Care services for elderly and disabled; social alarm and communication systems and response.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3714 — BRIDGEPOINT/ATTENDO, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3714 — BRIDGEPOINT/ATTENDO, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

---

| 15.2.2005 | EN | Official Journal of the European Union | C 38/13 |
| --- | --- | --- | --- |

15.2.2005

EN

Official Journal of the European Union

C 38/13

---

Prior notification of a concentration

(Case COMP/M.3723 — EQT/ISS/Health Care/Care Partner/JV)

Candidate case for simplified procedure

(2005/C 38/12)

(Text with EEA relevance)

| 1. | On 3 February 2005, 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 EQT III Limited, which belongs to the EQT Group (UK), acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control of the businesses of ISS Health Care AB (‘Health Care’, Denmark) and Care Partner Sverige AB (‘Care Partner’, Sweden), which are currently solely controlled by ISS Global A/S (‘ISS’, Denmark), belonging to the ISS A/S Group, by way of purchase of shares in a newly created company constituting a joint venture. |
| --- | --- |

1.

On 3 February 2005, 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 EQT III Limited, which belongs to the EQT Group (UK), acquires within the meaning of Article 3(1)(b) of the Council Regulation joint control of the businesses of ISS Health Care AB (‘Health Care’, Denmark) and Care Partner Sverige AB (‘Care Partner’, Sweden), which are currently solely controlled by ISS Global A/S (‘ISS’, Denmark), belonging to the ISS A/S Group, by way of purchase of shares in a newly created company constituting a joint venture.

| 2. | The business activities of the undertakings concerned are:






  — | for EQT III: private equity fund, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for EQT III: private equity fund,

| — | for ISS: mainly facility services, such as cleaning services, |
| --- | --- |

—

for ISS: mainly facility services, such as cleaning services,

| — | Health Care: management of local hospitals, mainly in Sweden, |
| --- | --- |

—

Health Care: management of local hospitals, mainly in Sweden,

| — | Care Partner: services in the care for elderly and functionally disabled in Scandinavia. |
| --- | --- |

—

Care Partner: services in the care for elderly and functionally disabled in Scandinavia.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3723 — EQT/ISS/Health Care/Care Partner/JV, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3723 — EQT/ISS/Health Care/Care Partner/JV, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

---

(1)  OJ L 24, 29.1.2004, p. 1.

(2)  Available on DG COMP website:

http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

---

| 15.2.2005 | EN | Official Journal of the European Union | C 38/14 |
| --- | --- | --- | --- |

15.2.2005

EN

Official Journal of the European Union

C 38/14

---

Prior notification of a concentration

(Case COMP/M.3643 — SEPHORA/EL CORTE INGLES/JV)

(2005/C 38/13)

(Text with EEA relevance)

| 1. | On 7 February 2005, 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 Sephora S.A. (‘Sephora’, France), a subsidiary of the group LVMH – Moët Hennessy Louis Vuitton, ultimately controlled by the group Arnault S.A.S., and El Corte Inglés S.A. (‘El Corte Inglés’, Spain), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a newly created company constituting a joint venture (‘JV’), by way of purchase of shares. |
| --- | --- |

1.

On 7 February 2005, 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 Sephora S.A. (‘Sephora’, France), a subsidiary of the group LVMH – Moët Hennessy Louis Vuitton, ultimately controlled by the group Arnault S.A.S., and El Corte Inglés S.A. (‘El Corte Inglés’, Spain), acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of a newly created company constituting a joint venture (‘JV’), by way of purchase of shares.

| 2. | The business activities of the undertakings concerned are:






  — | for Sephora: production, distribution and sale of its own brand cosmetics and distribution and sale of luxury cosmetics products, in specialised retail stores throughout the EU, |
| --- | --- | --- |

2.

The business activities of the undertakings concerned are:

—

for Sephora: production, distribution and sale of its own brand cosmetics and distribution and sale of luxury cosmetics products, in specialised retail stores throughout the EU,

| — | for El Corte Inglés: retail stores (supermarkets, clothing stores) and other services (travel agency, insurance), mainly in Spain, |
| --- | --- |

—

for El Corte Inglés: retail stores (supermarkets, clothing stores) and other services (travel agency, insurance), mainly in Spain,

| — | for JV: exploitation of retail specialised cosmetic shops in Spain previously solely owned by Sephora. |
| --- | --- |

—

for JV: exploitation of retail specialised cosmetic shops in Spain previously solely owned by Sephora.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. 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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3643 — SEPHORA/EL CORTE INGLES/JV, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition, |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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 (No (32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.3643 — SEPHORA/EL CORTE INGLES/JV, to the following address:

European Commission

Directorate-General for Competition,

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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(1)  OJ L 24, 29.1.2004, p. 1.

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