EN

Case No COMP/M.6174 - ATLAS/ SUNLIGHT/ ADVANCED LITHIUM SYSTEMS EUROPE JV

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 18/04/2011

In electronic form on the EUR-Lex website under document number 32011M6174

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 18.4.2011 C(2011) 2865 final

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties:

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

Subject: Case No COMP/M.6174 - ATLAS/ SUNLIGHT/ ADVANCED LITHIUM SYSTEMS EUROPE JV Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004

1.On 21.03.2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings Atlas Elektronik GmbH ("Atlas", Germany) jointly controlled by EADS Deutschland GmbH and ThyssenKrupp Technologies AG, and Systems Sunlight S.A. ("Sunlight", Greece) controlled by Mr. Panos Germanos, acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Advanced Lithium Systems Europe SA ("JVC", Greece) by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are:

-- for Atlas: system supplier for naval electronics;

-- for Sunlight: design, production and distribution of batteries and energy production systems;

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.

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

for JVC: research, development and production of batteries based on lithium-ion technology for use in defence and advanced application.

2.After 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(a) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004.

3.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

2Publication in the Official Journal of the European Union No C 94, 26.03.2011, p.29

3OJ C 56, 5.3.2005, p. 32.

2