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Case No COMP/M.5621 - UNIVEG/ CICCOLELLA/ SUBSIDIARIES OF UNIVEG

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 30/10/2009

In electronic form on the EUR-Lex website under document number 32009M5621

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 30/10/2009 SG-Greffe(2009) D/8177 and D/8178 C(2009) 8582-CORR

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.5621 – UNIVEG/ CICCOLELLA/ SUBSIDIARIES OF UNIVEG Notification of 25/09/2009 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 237, 02.10.2009, p.28

1.On 25/09/2009, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which Univeg Holding B.V. (“Univeg”, The Netherlands) controlled by CVC Capital Partners ("CVC", Luxembourg) and F.lli Cicolella S.p.a ("Ciccolella", Italy) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control over Univeg Holding B.V.'s flower and plant activities (" Univeg F&P") 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:

-- for undertaking Univeg: production, import, export, packaging, handling and logistics of fresh fruit, vegetables, flowers, flowers bulbs, plants and related products, and convenience food.

-- for undertaking Ciccolella: production and sale of cut flowers and plants.

-- for undertaking Univeg F&P: production and sale of cut flowers and plants.

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(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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