# C_2011023EN.01003301.xml

| 25.1.2011 | EN | Official Journal of the European Union | C 23/33 |
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25.1.2011

EN

Official Journal of the European Union

C 23/33

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Prior notification of a concentration

(Case COMP/M.6124 — Ferrovie dello Stato/Cube Transport/Arriva Deutschland)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 23/08

| 1. | On 18 January 2011, 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 Ferrovie dello Stato SpA (‘FS’, Italy) and Cube Transport SCA (‘Cube’, Luxembourg), which is ultimately controlled by the French banking group BPCE, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Arriva Deutschland GmbH (Germany) and Arriva Grundstückgesellschaft (Germany, together ‘Arriva Deutschland’) by way of a purchase of shares. |
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1.

On 18 January 2011, 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 Ferrovie dello Stato SpA (‘FS’, Italy) and Cube Transport SCA (‘Cube’, Luxembourg), which is ultimately controlled by the French banking group BPCE, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of Arriva Deutschland GmbH (Germany) and Arriva Grundstückgesellschaft (Germany, together ‘Arriva Deutschland’) by way of a purchase of shares.

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






  — | FS: holding company of the Italian railway operator and rail infrastructure manager. Active mainly in Italy in passenger rail and bus services, rail freight services, and the provision of rail infrastructure. In Germany, active in rail freight transport through TX Logistik AG, |
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2.

The business activities of the undertakings concerned are:

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FS: holding company of the Italian railway operator and rail infrastructure manager. Active mainly in Italy in passenger rail and bus services, rail freight services, and the provision of rail infrastructure. In Germany, active in rail freight transport through TX Logistik AG,

| — | Cube: subsidiary of Cube Infrastructure Fund, an investment fund specialized in infrastructure and public services, |
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Cube: subsidiary of Cube Infrastructure Fund, an investment fund specialized in infrastructure and public services,

| — | BPCE: French banking group active in investment banking, retail and commercial banking, insurance and real estate services, |
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BPCE: French banking group active in investment banking, retail and commercial banking, insurance and real estate services,

| — | Arriva Deutschland: active in Germany in passenger transport services by bus and rail, freight transport services by rail and road, freight trans-shipment services as well as maintenance services. |
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Arriva Deutschland: active in Germany in passenger transport services by bus and rail, freight transport services by rail and road, freight trans-shipment services as well as maintenance services.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

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| 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.6124 — Ferrovie dello Stato/Cube Transport/Arriva Deutschland, to the following address:





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

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.6124 — Ferrovie dello Stato/Cube Transport/Arriva Deutschland, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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

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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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