EN

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 07/02/2006

In electronic form on the EUR-Lex website under document number 32006M4090

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 07/02/2006

SG-Greffe (2006) D/200560

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

Dear Madam and Sirs,

Subject: Case No. COMP/M.4090 ñ WestLB / Odewald / ASH Notification of 03.01.2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 6, 11.01.2006, page 7

1.On 03.01.2006, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which the undertakings WestLB AG (ìWestLBî, Germany) and Odewald & Compagnie Gesellschaft f¸r Beteiligungen mbH (ìOdewaldî, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking ASH Automotive Systems Holding GmbH (ìASHî, Germany), holding company of the Westfalia group, by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are:

-- for WestLB: international universal bank;

-- for Odewald: investment funds;

-- for ASH: development, manufacturing and distribution of tow bars and related products (electrical systems) for cars.

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.

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, subparagraph 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) Neelie KROES Member of the Commission

2OJ C 56, 05.3.2005 p.32

2