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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 17/09/2008

In electronic form on the EUR-Lex website under document number 32008M5261

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 17/09/2008

SG-Greffe(2008) D/205477 C(2008) 5318

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.5261 - CLN/ WAGON/ WM JV Notification of 12.08.2008 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 212, 20.08.2008, page 30

1.On 12 August 2008, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings CLN Coils Lamiere Nastri S.p.a. ("CLN", Italy) and Wagon plc ("Wagon", United Kingdom) acquire within the meaning of Article 3(1) (b) of the Council Regulation joint control of the undertaking WM S.r.l. ("WM", Italy) by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are:

-- for undertaking CLN : Development, production and sales of metal components, flat rolled steel products and wheels for cars, commercial vehicles and motorbikes.

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 undertaking Wagon : Development, production and sales of vehicle body structures for the automotive industry.

-- for undertaking WM : Development, production and sales of roll-formed steel beams for commercial vehicles and truck chassis.

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(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, 05.3.2005, p. 32.

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