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Case No COMP/M.3390 - THALES / DIEHL / DIEHL LUFTFAHRT ELEKTRONIK

Only the English text is available and authentic.

REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 08/06/2004

Also available in the CELEX database Document No 304M3390

Office for Official Publications of the European Communities L-2985 Luxembourg

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 08.06.2004

SG-Greffe(2004) D/202287/202288

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

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

Subject: Case No. COMP/M.3390 ñ THALES/DIEHL/DLE Notification of 30.04.2004 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89, as last amended by Regulation (EC) No 1310/97 Publication in the Official Journal of the European Union No. C 134, 12.05.2004, page 2

1.On 30.04.2004, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which the undertakings Thales S.A. (ìThalesî, France) and Diehl Stiftung & Co. (ìDiehlî, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the German undertaking Diehl Luftfahrtelektronik GmbH (ìDLEî), currently solely controlled by Diehl, by way of purchase of shares.

The business activities of the undertakings concerned are:

-- for undertaking Thales: professional electronics and defence systems, including avionics for civil and military aircraft

1OJ L 395, 30.12.1989 p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.

2OJ L 180, 9. 7. 1997, p. 1; corrigendum OJ L 40, 13.2.1998, p. 17.

Commission europÈenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

-- for undertaking Diehl: diversified industrial group with activities, among others, in aviation equipment

-- for undertaking DLE: civil aviation and defence technology products, particularly in the fields of aircraft lighting, cabin systems and electronic equipment for pyrotechnical simulation

3.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of paragraph 4 (a) of the Commission Notice on a simplified procedure for treatment of certain

concentrations under Council Regulation (EEC) No 4064/893.

For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EEC) No. 4064/89.

For the Commission signed by Mario MONTI Member of the Commission

3OJ C 217, 29.07.2000, p. 32.

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