EN

Case No COMP/M.4084 - BANCA INTESA / NH HOTELES / NH ITALIA

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 17/02/2006

In electronic form on the EUR-Lex website under document number 32006M4084

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 17.02.2006

SG-Greffe(2006) D/200735

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

Dear Madam(s) and/or Sir(s),

1.On 17.01.2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Banca Intesa S.p.A. (ìBanca Intesaî, Italy) and NH Hoteles S.A. (ìNH Hotelesî, Spain), through its subsidiary NH Hoteles Rallye S.A., acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of NH Italia S.r.l. (ìNH Italiaî, Italy), currently solely controlled by NH Hoteles, by way of purchase of shares.

The business activities of the undertakings concerned are :

-- for Banca Intesa: holding of a banking and finance group;

-- for NH Hoteles: establishment, development and operation of hotels;

-- for NH Italia: establishment, development and operation of hotels.

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.

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, 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 Neelie KROES Member of the Commission

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

2