EN

Case No COMP/M.3671 - DE RAEKT / ING

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 21/01/2005

In electronic form on the EUR-Lex website under document number 32005M3671

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 21-I-2005

SG-Greffe(2005) D/200284/5

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party

Dear Madam and/or Sir,

1.On 16/12/2004 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings De Raekt B.V. (ìDe Raektî, The Netherlands) and ING Corporate Investments Participaties B.V. (ìING CIPî, The Netherlands) belonging to ING Groep N.V. (ìING Groupî, The Netherlands) acquire joint control within the meaning of Article 3(1)(b) of the Council Regulation (EC) No 139/2004 of the whole of the undertaking Van Gansewinkel Groep B.V. (ìVGGî, The Netherlands) by purchase of shares.

The business activities of the undertakings concerned are:

-- for De Raekt: private holding company;

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 ING CIP: venture capitalist;

-- for VGG: services in the waste management sector.

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) No139/2004.

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 Neelie KROES Member of the Commission

2Available on DG COMP website: http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf.

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