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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 02/12/2009

In electronic form on the EUR-Lex website under document number 32009M5715

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 02.12.2009 SG-Greffe(2009) D/10910/10911 C(2009) 9850

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.5715 - LEISURE PARK HOLDINGS/ CRITERIA CAIXA CORP/ ACTIVOS PORT AVENTURA Notification of 05/11/2009 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 271, of 12 Nov 2009, p.18

1.On 05.11.2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Leisure Park Holdings S.A. ("Leisure", Luxembourg), controlled by Investindustrial Group (Investindustrial, Luxembourg) and Criteria Caixa Corp. S.A. ("Criteria", Spain), belonging to La Caixa Group ("La Caixa", Spain), will acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Activos Port Aventura ("Port Aventura Assets") by way of purchase of shares of a newly created company.

The business activities of the undertakings concerned are:

-- Leisure: is a subsidiary of Investindustrial, a private equity group.

-- Criteria: is an investment company, mainly active in the industrial and financial sectors.

1OJ L 24, 29.1.2004, p. 1.

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

-- Port Aventura Assets: will be active in the operation of leisure parks.

2.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No 139/2004 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.

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 (EC) No 139/2004.

For the Commission (signed) Philip LOWE Director General

2OJ C 56, 05.3.2005, p. 32.

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