CELEX: 32015M7526
Language: en
Date: 2015-04-10 00:00:00
Title: Commission Decision of 10/04/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7526 - G.L. SWAROVSKI / BILFINGER / PROFICARE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 10.4.2015
                                        C(2015) 2492 final

                                        [pic]

|To the notifying parties:                                              |
|                                                                       |

Dear Madam(s) and/or Sir(s),

Subject:    Case M.7526 - G.L. SWAROVSKI/ BILFINGER/ PROFICARE
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 16 March 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 and following  a  referral
    pursuant to Article 4(5) of the Merger Regulation by which CareInvest GmbH, owned by Papstar  Service  GmbH,  controlled  by  Gernot  Langes
    Swarowski (G.L. Swarovski, Austria) and Bilfinger Ahr Healthcare and Services  GmbH,  controlled  by  Bilfinger  SE  ('Bilfinger',  Germany)
    acquire within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control by way  of  purchase  of  shares  in  a  newly
    created company constituting a joint venture ProfiCare GbR (Germany).[3]

 2. The business activities of the undertakings concerned are:

      – for G.L. Swarovski: the sale and worldwide distribution of  goods,  including  disposable  tableware  and  service  packaging,  packaging
        materials, hygiene products, tabletop, household aid, decorative items  and  accessories  as  well  as  paper  articles;  consultancy  in
        biological agriculture, hotel construction and operation of ski lifts.

      – for Bilfinger: the provision of catering, cleaning and other services such as facility management and patient services, to  hospitals  or
        nursing care facilities; development, maintainance and operation of plants and buildings for the industry, the  energy  sector  and  real
        estate.

      – for Proficare: distribution of single use medical and care products of all  kind  to  hospitals,  nursing  care  facilities  and  private
        individuals.

 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(b) 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)
                                        Alexander ITALIANER
                                        Director-General

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[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").

[3]   Publication in the Official Journal of the European Union No C 95, 21.3.2015, p. 32.

[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE