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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 08/04/2008

In electronic form on the EUR-Lex website under document number 32008M4884

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 08-IV-2008

SG-Greffe (2008) D/201668

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.4884 ñ FCC/ PORR/ AUTOPUT Notification of 28/02/2008 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 62, 7.3.2008, p.5

1.On 28 February 2008, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which the undertakings FCC ConstrucciÛn S.A. ("FCC", Spain) and Allgemeine Baugesellschaft ñ A. Porr Aktiengesellschaft ("PORR", Austria) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Server-Jug Autoput d.o.o. ("Autoput", Serbia), currently solely controlled by FCC, by way of purchase of shares.

The business activities of the undertakings concerned are:

ññ for FCC: construction, services, cement and real estate,

ññ for PORR: construction, building materials and project development,

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.

ñ for Autoput: design, construction, operation and maintenance of the Horgoö-Poûega highway in Serbia.

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 a, 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, 5.3.2005, p.32.

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