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Case No COMP/M.3283 - FERROSER / TERIS / ECOCAT JV

Only the English text is available and authentic.

REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 19/11/2003

Also available in the CELEX database Document No 303M3283

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 19.11.2003

SG (2003) D/232975

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.3283 ñ Ferroser/Teris/Ecocat JV Notification of 21.10.2003 pursuant to Article 4 of Council Regulation (EEC) No. 4064/89, as last amended by Regulation (EC) No 1310/97 Publication in the Official Journal of the European Union No. C 261, 30.10.2003, page 17.

1.On 21 October 2003, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No 4064/89, as last amended by Regulation (EC) No 1310/97, by which Ferrovial Servicios, S.A. (ìFerroserî, Spain), belonging to the group Ferrovial and Teris, S.A., (ìTerisî, France), belonging to the group Suez, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Ecocat, S.L, by way of purchase of shares.

The business activities of the undertakings concerned are :

-- for Ferroser: urban services (street cleaning, waste management and water supply), building, infrastructure and facility maintenance and management,

-- for Teris : hazardous waste management and soil detoxication,

1OJ L 395, 30.12.1989 p. 1; corrigendum: OJ L 257, 21.9.1990, p. 13.

2OJ L 180, 9. 7. 1997, p. 1; corrigendum OJ L 40, 13.2.1998, p. 17.

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

-- for Ecocat : hazardous waste management and soil detoxication.

3.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of paragraph 4, subparagraph a of the Commission Notice on a simplified procedure for treatment of

certain concentrations under Council Regulation (EEC) No 4064/893.

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 (EEC) No. 4064/89.

For the Commission

Mario MONTI Member of the Commission

3OJ C 217, 29.07.2000, p. 32.

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