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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 23/06/2009

In electronic form on the EUR-Lex website under document number 32009M5536

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 23/06/2009 SG-Greffe(2009) D/3557 C(2009) 5162

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.5536 – BLUEBAY HYI/ BLUEBAY MSI/ HONSEL AG Notification of 20.05.2009 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 122, 30.05.2009, p.23.

1.On 20.05.2009, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings BlueBay High Yield Investments S.à.r.l. (“BlueBay HYI”, Luxembourg), BlueBay Multi-Strategy Investments S.à.r.l. (“BlueBay MSI”, Luxembourg) and RHJ International S.A. (“RHJI”, Belgium) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Honsel AG (“HAG”, Germany) by way of purchase of shares.

The business activities of the undertakings concerned are:

-− for BlueBay HYI: portfolio investment approach in securities or other financial instruments.

-− for BlueBay MSI: investment in multiple strategies.

-− for RHJI: acquisition and operation of businesses.

-− for HAG: active in the light metal (aluminium and magnesium) processing industry and mainly focused in the manufacturing of components for the automotive sector.

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.

3.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.

4.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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