SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
Report of Foreign Private Issuer
Pursuant to Rule 13a -16 or 15d -16 of
the Securities Exchange Act of 1934
Report on Form 6-K of 11 July 2006
The BOC Group plc
Chertsey Road, Windlesham,
Surrey GU20 6HJ
England
(Name and address of registrant's principal executive office)
Indicate by check mark whether the registrant files or will file annual reports
under cover of Form 20-F or Form 40-F.
Form 20-F X Form 40-F
--- ---
Indicate by check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(1):
Yes: |_| No: |X|
Indicate by check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(7):
Yes: |_| No: |X|
Indicate by check mark whether the registrant by furnishing the information
contained in this form is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
Yes: |_| No: |X|
Enclosures: A notification advising of the receipt of a complaint by
Celanese.
Page 1 of 3
THE BOC GROUP plc ANNOUNCEMENT RELEASED TO A REGULATORY INFORMATION SERVICE
ON 11 JULY 2006
AT 07.36 HRS UNDER REF: PRNUK-1107060729-760B
11 July 2006
NOTIFICATION OF COMPLAINT BY CELANESE
The BOC Group plc ("BOC") has been informed by Celanese Corporation that it has
lodged a complaint against BOC in the District Court of Dallas County, Texas,
relating to the development by Celanese Corporation and Celanese (Nanjing)
Chemical Co., Ltd. ("Celanese") of a new acetic acid manufacturing plant in
Nanjing, China and associated industrial gas supply arrangements. The amounts
claimed are USD 250 million for compensatory damages and an additional amount in
exemplary damages, suggesting a total of not less than USD 960 million. Celanese
has not served the complaint on BOC.
BOC believes the case to be completely without merit and it will vigorously
defend it. BOC notes the timing of this complaint and that Celanese gave no
indication of a proposed claim prior to its notification of intended legal
action.
Following notification of the above, Linde AG has informed BOC that it expects
the final pre-condition to the offer (which relates to anti-trust) by Linde AG
for BOC to be satisfied within the next month and that the scheme document will
be despatched to BOC shareholders immediately thereafter. The consent of the
High Court to the despatch of the scheme document has been obtained. Completion
of the offer is still expected to take place in the third calendar quarter of
2006.
Contacts:
The BOC Group plc
Christopher Marsay, Director Investor Relations 01276 477222
The Maitland Consultancy
Neil Bennett 0207 379 5151
This announcement does not constitute an offer or invitation to purchase any
securities. BOC Shareholders are advised to read carefully the formal
documentation in relation to the offer by Linde AG once it has been despatched.
This announcement includes 'forward-looking statements' under United States
securities laws. These include, without limitation, those concerning the outcome
of pending and threatened litigation, the completion of the offer, as well as
statements typically containing words such as "intends", "expects", "believes",
"anticipates", "targets", "estimates" and words of similar import. By their
nature, forward-looking statements involve risk and uncertainty because they
relate to events and depend on circumstances that will occur in the future.
There are a number of factors that could cause actual results and developments
to differ materially from those expressed or implied by such forward-looking
statements. More detailed information about certain of these factors is
contained in BOC's filings with the United States Securities and Exchange
Commission (SEC), including its annual report on Form 20-F, which are available
on BOC's website, www.boc.com, and on the SEC's website, www.sec.gov. Other
unknown or unpredictable factors could cause actual results to differ materially
from those in the forward-looking statements. BOC does not undertake any
obligation to update publicly or revise forward-looking statements, whether as a
result of new information, future events or otherwise, except to the extent
legally required.
Page 2 of 3
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of
1934, the registrant, The BOC Group plc, has duly caused this report to be
signed on its behalf by the undersigned, thereunto duly authorized.
Date: July 11, 2006
By: /s/ Carol Hunt
---------------------------------
Name: Carol Hunt
Title: Deputy Company Secretary
Page 3 of 3