Commission Decision of 03/11/2006 declaring a concentration to be compatible with the common market (Case No IV/M.4335 - DIEHL / THALES / JV) according to Council Regulation (EEC) No 4064/89 (Only the English text is authentic) Brussels, 03.11.2006 SG-Greffe(2006) D/206605 To the notifying parties Dear Madam(s) and/or Sir(s), Subject: Case No. COMP/M.4335 – Diehl / Thales / JV Notification of 4.10.2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1] Publication in the Official Journal of the European Communities No. C 246, dated 13/10/2006, page 21. 1. On 4.10.2006, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Thales S.A.
(“Thales”, France) and Diehl Stiftung & Co. KG (“Diehl”, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control over part of the undertakings TDA Armements SAS (France), Thales Munitronic BV (The Netherlands), Forges de Zeebrugge (Belgium), currently controlled by Thales, and over the undertaking Junghans Feinwerktechnik GmbH & Co KG (Germany), currently controlled by Diehl, by way of contribution of assets in a newly created company constituting a joint venture. 2. The business activities of the undertakings concerned are: - for Thales: defence, aerospace and civilian security technology.
For the assets conferred to the Joint Venture: production and sales of fuzes and safety and arming devices; - for Diehl: metals, controls, and defence and aviation For the assets conferred to the Joint Venture: production and sales of fuzes and safety and arming devices. 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 Philip LOWE Director General [1] OJ L 24, 29.1.2004 p. 1. [2] OJ C 56, 05.3.2005 p.32. --------------------------------------------------