|COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 18.06.2009

SG-Greffe(2009) D/3437

PUBLIC VERSION C(2009) 5031

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying party:

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

Subject: Case No COMP/M.5320 - ALMECO / MAGE / TINOX Notification of 11.05.2009 pursuant to Article 4 of Council Regulation (EC) No 139/2004 [1] Publication in the Official Journal of the European Union No C 122, 30/05/2009 p.10

1. On 11/05/2009 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Almeco GmbH (“Almeco”, Germany) (a company wholly controlled by Almeco Spa, Italy) and MAGE Industrie Holding AG (“MAGE”, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Tinox GmbH (“Tinox”, Germany), a company currently fully owned by MAGE, by way of purchase of shares.

2. The business activities of the undertakings concerned are:

- for Almeco : production and commercialization of metal surfaces treatment and lighting reflectors .

- for MAGE : production and commercialization of roof accessories.

- for Tinox : production and commercialization of highly selective absorber surfaces (metal surface coating).

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 (a) 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.