Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 04/08/2009

In electronic form on the EUR-Lex website under document number 32009M5506

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 04/08/2009 SG-Greffe(2009) D/ 4813/ 4814 C(2009) 6287

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties:

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

1.On 03/07/2009, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Sabena Technics SA ("Sabena Technics", France) belonging to the TAT group, and TNT Airways SA ("TNT Airways", Belgium) belonging to the TNT group acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of X-Air Services SA ("X-Air Services", Belgium), a newly created company constituting a joint venture by the way of purchase of shares and transfer of assets.

The business activities of the undertakings concerned are:

-- for Sabena Technics: repair and maintenance of aircraft;

-- for TNT Airways: freight air transport;

-- for X-Air Services: repair and maintenance of aircraft.

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.

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 (a) 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 by Irmfried SCHWIMMAN Director On behalf of) Philip LOWE Director General

2OJ C 56, 05.3.2005, p. 32.

2