92/385/EEC: Commission Decision of 28 April 1992 declaring the compatibility with the common market of a concentration (Case No IV/M. 126 - Accor/Wagons-Lits) - Council Regulation (EEC) No 4064/89 (Only the French text is authentic)

• CELEX: Regulation (EEC) No 4064/89
• Articles: 4

Article 1

The concentration between Accor SA and the Compagnie Internationale des Wagons-Lits et du Tourisme is hereby declared compatible with the common market, subject to the obligation specified in Article 2 and the arrangements for implementing it specified in Article 3.

Article 2

Accor shall sell CIWLT's French motorway catering activities that are directly or indirectly dependent on Sogerba in one or more operations to one or more buyers within a given period.

Article 3

The obligation specified in Article 2 shall be subject to the following practical arrangements:

(a) no sale shall take place to natural or legal persons that would prevent the above mentioned sale from achieving its full effect (i.e. the removal of any link of any kind between Sogerba and Accor);

(b) as from the date of notification of this Decision until the date when the sale takes place:

- there shall be no transfer of activity from Sogerba to Accor,

- Accor shall ensure that the way in which the motorway catering activity dependent on Sogerba is operated commercially is not altered, and in particular that the trade names of the restaurants and sales outlets are not changed;

(c) Accor shall inform the Commission of the measures taken to comply with Article 2 above within six months of the date of notification of this Decision, and subsequently every six months; this obligation to furnish information will end at the date of the transfer, of which the Commission must be informed without delay;

(d) Accor means:

- the company Accor,

- any company controlled directly or indirectly by Accor or by a natural or legal person controlled directly or indirectly by Accor,

- any person acting on behalf of a company referred to in the two indents above;

(e) Sogerba means:

- the company Sogerba,

- any compnay controlled directly or indirectly by Sogerba or by a natural or legal person controlled directly or indirectly by Sogerba,

- any person acting on behalf of a company referred to in the two indents above.

Article 4

This Decision is addressed to:

Accor SA,

2, rue de la Mare-Neuve,

F-91000 Evry.

Done at Brussels, 28 April 1992,

For the Commission Leon BRITTANVice-President

(1) OJ No L 395, 30. 12. 1989, p. 1, amended: OJ No L 257, 21. 9. 1990, p. 13.

(2) OJ No C 184, 21. 7. 1992, p. 2

(3) 1990.

(4) The ECU/FF conversion rate used is ECU 1 = FF 6,91412 (average rate for 1990).

(5) The ECU/BFR conversion rate used is ECU 1 = BFR 42,4257 (average rate for 1990).

(6) Substantial

In the published version of the Decision, some information has hereinafter been omitted, pursuant to the provisions of Article 17 (2) of Regulation (EEC) No 4064/89.

(7) Including proceeds from the sale of used cars by Europcar and volume discounts granted to Europcar by manufacturers on its purchases.

(8) See in particular the Commission Decision of 23 September 1991 in Case IV/M. 134 (Mannesmann/Boge).

(9) Source: information from catering firms and "Umsatzsteuerstatistik des Statistischen Bundesamtes" 1988

(10) In terms of number of meals.

(11) Study report by the national group of hotel chains 'les chaînes hôtelières en France'.

(12) The possibility remains for Accor to change the existing internal structure of CIWLT.

(13) OJ No L 219, 14. 8. 1990, p. 5