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Case No COMP/ M.5481 - AREVA SA/ AREVA NP

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 12/06/2009

In electronic form on the EUR-Lex website under document number 32009M5481

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 12.06.2009 SG-Greffe(2009) D/3323 C(2009)4687

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

PUBLIC VERSION

SIMPLIFIED PROCEDURE

To the notifying party:

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

Subject: Case No COMP/M.5481 – AREVA SA/ AREVA NP Notification of 11 May 2009 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C115, 20 May 2009, p.20.

1.On 11 May 2009, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking AREVA SA (France) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the whole of AREVA NP (France), an undertaking previously jointly controlled by AREVA SA and Siemens AG (Germany), following Siemens AG's decision to withdraw fully from AREVA NP.

The business activities of the undertakings concerned are:

-for AREVA SA: design, production and sale of power generation, electricity transmission and distribution solutions;

-for AREVA NP: design and construction of the nuclear island for nuclear power plants, engineering, safety instrumentation and control, modernization,

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.

maintenance and repair services as well as the design and manufacture of nuclear fuel assemblies.

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(d) 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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