32006M3869

|COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels , 09.02.2006

SG-Greffe(2006) D/200622/200623/200624

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION To the notifying parties

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

Subject: Case No. COMP/M.3869 – TESSENDERLO/ SIEMENS/ ADVANCED POWER/ JV Notification of 12/1/2006 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 [1] Publication in the Official Journal of the European Union No. C 14, 19/1/2006, page 2

1. On 12/1/2006, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No. 139/2004 by which the undertakings Tessenderlo Chemie S.A. (“Tessenderlo”, Belgium), Siemens Project Ventures GmbH (“SPV”, Germany) belonging to the German group Siemens AG (“Siemens”) and Advanced Power AG (“AP”, Switzerland) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking T-Power N.V. (“T-Power”, Belgium) by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are:

- for Tessenderlo: International activities in several branches of the chemical industry;

- for undertaking Siemens Projects: Investment in infrastructure projects world-wide focusing on power generation, telecommunications and transport sectors;

- for undertaking Siemens: Information and communication products, automation and control, power generation and transmission equipment, transportation, medical, lighting, financing and real estate;

- for undertaking AP: Project management, in particular power generation and related infrastructure;

- for undertaking T-Power: Generation of electricity, including development, finance and construction of the power plant.

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, subparagraph b, of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No. 139/2004 [2] .

3. 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] OJ C 56, 05.3.2005 p.32