CELEX: 32014M7402
Language: en
Date: 2014-10-09 00:00:00
Title: Commission Decision of 09/10/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7402 - KLESCH REFINING / MILFORD HAVEN REFINERY ASSETS) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
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                                        Brussels, 9.10.2014
                                        C(2014) 7511 final

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|To the notifying party:                                     |                                                                               |

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

Subject:    Case M.7402 – KLESCH REFINING/ MILFORD HAVEN REFINERY ASSETS
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

 1. On 11.09.2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the  Merger  Regulation  by
    which Klesch Refining Limited ("Klesch Refining", United Kingdom), belonging to the Klesch Group, acquires  within  the  meaning  of  Article
    3(1)(b) of the  Merger Regulation control of the whole of the Milford Haven refinery  and  its  ancillary  assets  ("Milford  Haven",  United
    Kingdom), by way of purchase of assets.

 2. The business activities of the undertakings concerned are:

      -     for Klesch Refining: belongs to the Klesch Group, which is active in the production and trading of chemicals,  metals  and  oil.  The
           Klesch Group owns and operates the Heide Refinery (Germany), which is active in the refining of crude oil into refined products  such
           as gasoline, diesel, fuel oil, jet fuel, LPG and propylene;

      -     for Milford Haven: active in the refining of crude oil into refined products such as gasoline, diesel, fuel oil, jet  fuel,  LPG  and
           propylene.[2]

 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(c) of the Commission Notice on a simplified procedure for treatment of  certain  concentrations  under  Council
    Regulation (EC) No 139/2004[3].

 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.

                                        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]   Publication in the Official Journal of the European Union No C 325, 19.09.2014, p.5.
[3]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE