No L 320/26 Official Journal of the European Communities 22. 11. 91 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 31 July 1991 declaring the compatibility of a concentration with the common market (Case No IV/M012 Varta/Bosch) Council Regulation (EEC) No 4064/89 (91/595/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, Having regard to Council Regulation (EEC) No 4064/89 of 21 December 1989 on the control of concentrations between undertakings ('), and in particular Article 8 (2) thereof, Having regard to the request of the German Bundes- kartellamt of 18 March 1991 for referral of the case according to Article 9 (2) of the aforesaid Council Regula- tion, Having regard to the Commission Decision of 12 April 1991 to initiate proceedings in this case, Having given the undertakings concerned the opportunity to make known their views on the objections raised by the Commission, Having regard to the opinion of the Advisory Committee on Concentrations (), \ () OJ No 395, 30. 12. 1989, p. 1, amended version: O] No L 257, 21. 9. 1990, p. 13. (® OJ No C 302, 22. 11. 1991, p. 6. (Only the German text is authentic) Whereas : ) @ &) I. CONCENTRATION The proposed concentration was notified on 25 February 1991. It concerns the creation of a new company, Starterbatterie GmbH, by Varta Batterie AG (Varta) and Robert Bosch GmbH (Bosch), to which the companies will transfer their starter battery business. Varta will acquire a 65 %, and Bosch a 35 % interest in the new company. The notified operation is a concentration within the meaning of Article 3 (1) (b) and (2) of Council Regulation (EEC) No 4064/89. Varta and Bosch will control the new company jointly. A specific agreement concluded by the parties (Rabmenvertrag) provides for participation of both parent companies in the management and supervisory board of the new company. In partic- ular, both parties will have the right to appoint managing directors of the joint venture. A number of decisions directly related to the management of the new company will have to be taken by a 75 % majority. This applies, for example, to the approval of detailed budget plans for the joint venture and to the appointment and dismissal of the directors and members of the executive and supervisory boards of the subsidiaries of the new company, thus ensuring the influence of both parties in the management of Starterbatterie  GmbH. Furthermore, Varta and Bosch will be equally represented on the supervi- sory board of the joint venture.