Case No COMP/M.4260 - ADVENT / RWE SOLUTIONS

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 17/07/2006

In electronic form on the EUR-Lex website under document number 32006M4260

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 17/07/2006

SG-Greffe(2006) D/204026

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party

Dear Sirs,

1.On 12.6.2006, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 (“Merger Regulation”), by which the undertaking Advent International Corporation (“Advent”, USA) acquires through several funds sole control within the meaning of Article 3(1)(b) of the Merger Regulation of the German companies SAG Holding GmbH, Nukem Holding GmbH, Lahmeyer International GmbH and RWE Space Solar Power GmbH, currently belonging to the German RWE Solutions AG (“RWE Solutions”, Germany), which is in turn ultimately held by RWE AG (“RWE”, Germany) by way of purchase of shares.

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.

2.The business activities of the undertakings concerned are:

-- Advent : Private equity company.

-- SAG Holding GmbH: activities in energy-related infrastructure industry;

-- Nukem Holding GmbH: decommissioning of nuclear facilities;

-- Lahmeyer International GmbH: engineering consulting for energy, hydropower and water infrastructure;

-- RWE Space Solar Power GmbH: solar cells for satellites;

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 and c 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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