EN

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 12/09/2008

In electronic form on the EUR-Lex website under document number 32008M5304

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 12.09.2008 SG-Greffe(2008) D/205422/205423 C(2008) 5155

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.5304 - INDAVER/ NEIF/ JV Notification of 12.08.2008 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 212 of 20.08.2008, page 32

1.On 12.08.2008, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by the undertakings Indaver NV ("Indaver", Belgium), part of the Dutch multi-utility group Delta N.V ("Delta", Netherlands) and NEIF Infrastructure Investments Holding I B.V. ("NEIF", Netherlands), a subsidiary of NIBC Holding N.V. ("NIBC", Netherlands)ultimately controlled by JC Flowers ("JCF", USA) acquire within the meaning of Article 3(1)(b) of the Council Regulation control of the whole of the undertakings SAV Beteiligungs GmbH and SAV Verwaltungs GmbH (together "SAV", Germany) by way of purchase of shares.

The business activities of the undertakings concerned are :

-- for undertaking Indaver : integrated waste services and total waste management solutions in Europe;

1OJ L 24, 29.1.2004, p. 1.

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

-- for undertaking NEIF: an investment fund, subsidiary of NIBC, a merchant bank offering corporate financial services;

-- for undertaking SAV: hazardous waste management mainly in Germany.

-- for undertaking JCF: consultancy and private equity fund.

-for undertaking Delta: a public limited liability company (controlled by the Dutch provinces) engaged in broad range of multi-utility activities such as the provision of energy and waste services.

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, subparagraph c 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.

2