CELEX: 32021M10270
Language: en
Date: 2021-06-09 00:00:00
Title: Commission Decision of 09/06/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10270 - SMO PSA / CDC / SWISSTERMINAL / EURO RHEIN PORTS JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                              Brussels, 09.06.2021
                                                              C(2021) 4258 final
                                                                                PUBLIC VERSION
                                                              Syndicat Mixte pour la Gestion des
                                                              Ports du Sud Alsace
                                                              8 rue du 17 Novembre
                                                              68100 Mulhouse
                                                              France
                                                              Caisse des Dépôts et Consignations
                                                              56, rue de Lille
                                                              75007 Paris
                                                              France
                                                              Swissterminal AG
                                                              Flachsackerstrasse 7
                                                              4402 Frenkendorf
                                                              Switzerland
Subject:        Case M.10270 – SMO PSA / CDC / SWISSTERMINAL / EURO RHEIN
                PORTS JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 11 May 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Syndicat Mixte pour la Gestion des Ports du Sud Alsace (“SMO PSA”,
        France), Caisse des Dépôts et Consignations (“CDC”, France), and Swissterminal AG
        (“Swissterminal”, Switzerland), acquire within the meaning of Article 3(1)(b) of the
        Merger Regulation joint control over the whole of the Ports of Huningue-Village-
        Neuf, of Ottmarsheim and of Ile Napoléon (“Ports de Mulhouse-Rhin”, France),
1       OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’). With effect from 1 December 2009, the Treaty on
        the Functioning of the European Union (‘TFEU’) has introduced certain changes, such as the
        replacement of ‘Community’ by ‘Union’ and ‘common market’ by ‘internal market’. The terminology
        of the TFEU will be used throughout this decision.
2       OJ L 1, 3.1.1994, p. 3 (the ‘EEA Agreement’).
Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel, BELGIË
Tel: +32 229-91111. Fax: +32 229-64301. E-mail: COMP-MERGER-REGISTRY@ec.europa.eu.
 ---pagebreak---    through a newly created joint venture known as Euro Rhein Ports, France. The
   concentration is accomplished by way of a concession agreement.3
2. The business activities of the undertakings concerned are:
       for SMO PSA: public establishment grouping French local authorities and public
        entities with authority over Ports de Mulhouse-Rhin,
       for CDC: French special status public establishment active in public service and
        open-market business activities in support of the general interest and France’s
        economic development,
       for Swissterminal: provider of container handling services and freight services
        from terminals located in the Basel and Zürich area, Switzerland,
       Euro Rhein Ports: operation of the Ports de Mulhouse-Rhin by means of a thirty-
        year delegation from SMO PSA.
3. After examination of the notification, the European Commission has concluded that
   the notified operation falls within the scope of the Merger Regulation and of
   paragraph 5(a) and (c) of the Commission Notice on a simplified procedure for
   treatment of certain concentrations under Council Regulation (EC) No 139/2004.4
4. For the reasons set out in the Notice on a simplified procedure, the European
   Commission has decided not to oppose the notified operation and to declare it
   compatible with the internal market and with the EEA Agreement. This decision is
   adopted in application of Article 6(1)(b) of the Merger Regulation and Article 57 of
   the EEA Agreement.
                                                           For the Commission
                                                           (Signed)
                                                           Olivier GUERSENT
                                                           Director-General
3  Publication in the Official Journal of the European Union No C 193, 20.5.2021, p. 8.
4  OJ C 366, 14.12.2013, p. 5.
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