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Office for Publications of the European Union L-2985 Luxembourg
To the notifying party
Dear Madam(s) and/or Sir(s),
Subject: Case No COMP/M.6429 - HYUNDAI MOTOR COMPANY/ HYUNDAI MOTOR DEUTSCHLAND/ AUTOMOBILES HYUNDAI FRANCE/ FAAP/ FEA Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004
1.On 18 November 2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertaking Hyundai Motor Company (‘HMC’, Republic of Korea), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control of Hyundai Motor Deutschland GmbH (‘HMD’, Germany), Automobiles Hyundai France SAS (‘AHF’, France), Frey Accessories & Parts Sarl (‘FAAP’, France) and FEA Services SAS (‘FEA’, France) by way of purchase of shares.
The business activities of the undertakings concerned are:
−− for HMC: manufacture and supply of new motor vehicles, spare parts and accessories world-wide,
1OJ 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.
2Publication in the Official Journal of the European Union No C 346, 26.11.2011, p. 16.
−− for HMD: wholesale distribution of new Hyundai motor vehicles, spare parts and accessories in Germany,
−− for AHF: wholesale distribution of new Hyundai motor vehicles in France,
−− for FAAP: wholesale distribution of spare parts and accessories in France, and,
−− for FEA: general administrative support services to motor vehicle wholesale distributors in France.
3After 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.
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
3OJ C 56, 5.3.2005, p. 32.
2