Commission Decision of 17/02/2006 declaring a concentration to be compatible with the common market (Case No IV/M.4084 - BANCA INTESA / NH HOTELES / NH ITALIA) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Brussels, 17.02.2006 SG-Greffe(2006) D/200735 To the notifying parties Dear Madam(s) and/or Sir(s), Subject: Case No. COMP/M.4084 – Banca Intesa / NH Hoteles / NH Italia Notification of 17.1.2006 pursuant to Article 4 of Council Regulation (EC) No. 39/2004 [1] Publication in the Official Journal of the European Communities No. C 18, 25.1.2006, page 8.
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. (“Banca Intesa”, Italy) and NH Hoteles S.A. (“NH Hoteles”, 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. (“NH Italia”, Italy), currently solely controlled by NH Hoteles, by way of purchase of shares. 2. 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.
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 [2]. 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 [1] OJ L 24, 29.1.2004 p. 1. [2] Available on DG COMP website: http://europa.eu.int/comm/competition/mergers/legislation/consultation/simplified_tru.pdf. --------------------------------------------------