CELEX: 32018M8824
Language: en
Date: 2018-04-26 00:00:00
Title: Commission Decision of 26/04/2018 declaring a concentration to be compatible with the common market (Case No COMP/M.8824 - MITSUI RAIL CAPITAL EUROPE / SIEMENS NEDERLAND / JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 26.04.2018
                                                                C(2018) 2685 final
                                                                  PUBLIC VERSION
                                                                To the notifying parties
 Subject:       Case M.8824 – Mitsui Rail Capital Europe/Siemens Nederland/JV
                Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC)
                                1                                                                             2
                No 139/2004 and Article 57 of the Agreement on the European Economic Area
Dear Sir or Madam,
1.      On 3 April 2018, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which Mitsui Rail Capital
        Europe GmbH ('MRCE', Germany), belonging to the group Mitsui (Japan), and Siemens
        Nederland N.V. ('Siemens', the Netherlands), belonging to the group Siemens (Germany),
        acquire within the meaning of Articles 3(1)(b) and 3(4) of the Merger Regulation joint
        control of a maintenance workshop for locomotives in the Rotterdam harbour area by way
        of purchase of shares in a newly created company constituting a joint venture.3
2.      The business activities of the undertakings concerned are:
        −     for MRCE: operational leasing of rolling stock, procurement and financing of
              locomotives,
        −     for Siemens: primarily active in the divisions Power and Gas, Power Generation
              Services, Energy Management, Building Technologies, Mobility, Digital Factory,
              Process Industries and Drives, Siemens Healthineers and Siemens Gamesa Renewable
              Energy.
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 paragraphs 5(a)
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 122, 09.04.2018, p.8.
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---    and 5(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)
                                                   Johannes LAITENBERGER
                                                   Director-General
4  OJ C 366, 14.12.2013, p. 5.
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