Article 2
This Decision is addressed to: BASF Aktiengesellschaft Carl-Bosch-Straße 38 D - 67056 Ludwigshafen. Done at Brussels, 11 July 2001. For the Commission Mario Monti Member of the Commission (1) OJ L 395, 30.12.1989, p. 1; corrected version in OJ L 257, 21.9.1990, p. 13. (2) OJ L 180, 9.7.1997, p. 1; corrigendum OJ L 40, 13.2.1998, p. 17. (3) OJ C 116, 17.5.2002. (4) Turnover calculated in accordance with Article 5(1) of the Merger Regulation and the Commission notice on the calculation of turnover (OJ C 66, 2.3.1998, p. 25). To the extent that figures include turnover for the period before 1 January 1999, they are calculated on the basis of average ECU exchange rates and translated into EUR on a one-for-one basis. (5) See for example Council Directive 75/319/EEC of 20 May 1975 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products (OJ L 147, 9.6.1975, p. 13). Directive as last amended by Directive 2000/38/EC (OJ L 139, 10.6.2000, p. 28). (6) [...]*. (7) [...]*. (8) DuPont is producing THF in its plant in Asturias (Spain). (9) The sole exception is that THF produced by Russian manufacturers is not generally accepted, because west European standards for quality and supply reliability are currently not met. (10) [...]*. (11) DuPont is producing THF in their plant in Asturias (Spain) mostly for captive use, and sales to the merchant market have been limited. (12) Commission Decision 94/449/EC in Case IV/M.308 - Kali+Salz/MDK/Treuhand (OJ L 186, 21.7.1994, p. 38). (13) Recital 71. (14) Joined Cases C-68/94 and C-30/95 - French Republic/Commission and SCPA/Commission, [1998] ECR I-1375. (15) Kali+Salz judgment, recitals 112 to 116. (16) Kali+Salz judgment, recitals 112 to 116, in particular recital 115. (17) Loi relative au concordat judiciaire/Wet betreffende het gerechtelijk akkoord of 17 July 1997, Moniteur Belge/Belgisch Staatsblad, 28.10.1997, p. 28550. (18) Judgment of the Charleroi Tribunal de Commerce - Case B/00/00079, of 21 February 2001. (19) Articles 29 and 34 of the Loi relative au concordat judiciaire/Wet betreffende het gerechtelijk akkoord. (20) The observation period under the concordat judiciaire can be extended to a maximum of six months. It can be prolonged once for another three months. After that date the court does not have any alternative but to transform the concordat judiciaire into bankruptcy. In this case the observation period started on 16 September 2000 and ended on 16 June 2001. (21) Pantochim does not manufacture GBL, NMP and THF (see recital 4). (22) During the pre-bankruptcy period Eurodiol entered into a toll-manufacturing agreement with BASF in which BASF agreed to buy the part of the production which could not be sold to third parties. (23) Note that the plants involved fall within the scope of Council Directive 96/82/EC of 9 December 1996 on the control of major-accident hazards involving dangerous substances (OJ L 10, 14.1.1997, p. 13). (24) Including a common energy system (central boiler, steam system), waste-water treatment plant, logistic units. (25) It should be noted that BASF will not expand their capacities in Ludwigshafen if they acquire the Feluy plant. (26) Pantochim does not manufacture GBL, NMP and THF (see recital 4).