To our clients and friends:

 

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Thomas R. Burton III
Chair
Energy and Clean Technology (Boston)
(617) 348-3097
TRBurton@mintz.com

Brady Berg
Member
Corporate (Palo Alto)
(650) 251-7758
BBerg@mintz.com

Evan M. Bienstock
Corporate (Boston)
(617) 348-3090
EMBienstock@mintz.com

Travis L. Blais
Tax (Boston)
(617) 348-1684
TLLBlais@mintz.com

Faith L. Charles
Member
Corporate (New York)
(212) 692-6770
FLCharles@mintz.com

Ralph A. Child
Member
Environmental (Boston)
(617) 348-3021
RChild@mintz.com

Jonathan Cosco
Real Estate (Boston)
(617) 348-4727
JMCosco@mintz.com

David F. Crosby
Member
Intellectual Property (Boston)
(617) 348-1830
DFCrosby@mintz.com

Julian Crump
Managing Partner, Member
Intellectual Property (London)
+44 (0) 20 7776 7302
JCrump@mintz.com

Daniel I. DeWolf
Member
Co-Chair, Venture Capital and
Emerging Companies (New York)
(212) 692-6223
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David P. Dutil
Member
Corporate (Washington)
(202) 434-7425
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Susan L. Foster, Ph.D.
Corporate (London)
+44 (0) 20 7776 7330
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Jeremy D. Glaser
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Corporate (San Diego)
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Of Counsel
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ML Strategies (Washington)
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ML Strategies (Boston)
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Jeffrey R. Porter
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Energy and Clean Tech Connections

February 2009

In the February edition of Mintz Levin’s Energy and Clean Tech Connections, we’ve gathered recent information from a wide variety of sources in an effort to keep you abreast of what’s new in the world of clean energy. We draw your attention to the latest industry developments, news from Beacon Hill to Capitol Hill, grant opportunities and upcoming events.

First and foremost this month, Congress finally approved a $787 billion stimulus package that will create more than 3.5 million jobs, many of them in the clean energy sector. The American Recovery and Reinvestment Act, which was signed into law by President Obama on Tuesday, includes numerous measures related to energy, including renewable energy manufacturing tax credits, the extension of renewable energy production tax credits and tax credits for energy efficiency improvements to existing homes and the creation of $1.6 billion of new Clean Renewable Energy Bonds (CREBs). For more information on the energy provisions included in the stimulus bill, please see our alert.

Also this month, Mintz Levin would like to congratulate our client, Flagship Ventures, on successfully completing its Series A financing of Oasys Water, Inc. Oasys Water is a developer of desalination and water treatment technology based in Cambridge, Massachusetts.

We are pleased to announce that Mintz Levin was recently highlighted in the Boston Business Journal for our pro bono work in the cleantech sector with clients New Generation Energy and Ceres. New Generation Energy is a Boston based non-profit that provides renewable energy investments for socially conscious investors. Ceres is a national network of investors, environmental organizations and other public interest groups working with companies and investors to address sustainability challenges. Mintz Levin is dedicated to contributing to the community and we are honored to be able to provide assistance to these non-profits.

The Energy and Clean Technology Practice Group will be sponsoring several upcoming events to which we would like to direct your attention. First, we will be a sponsor of the Cleantech Forum XXI next week in San Francisco, California from February 23-25. In addition, we will be hosting an information session for the New England Clean Energy Council’s fellowship program at our Boston office on February 26. For more information on this event, please see Events below. Finally, in March Mintz Levin attorney Tom Burton and David O’Connor of Mintz Levin Strategies will be presenting at Going Green East, a conference highlighting the most promising emerging green technologies and new entrepreneurial opportunities in clean energy.

We hope that you enjoy this month’s edition of the newsletter.

In This Edition

In the News: United States

In the News: Europe

Federal and State Happenings

Grants

Legal News

Events

In the News: United States

1366 Technologies Wins DOE Contract to Develop Low-Cost Cells

Greentech Media - February 5, 2009

More info…

US $80B Needed to Deliver Wind Power to Eastern U.S.

Renewable Energy World - February 11, 2009

More info…

BrightSource Inks 1.3 GW SoCal Edison Deal

Greentech Media - February 11, 2009

More info…

World Economic Forum: Clean Energy Needs $515B a Year

Greentech Media - January 29, 2009

More info…

Installed U.S. Wind Energy Capacity Grows by Record 8,300 MW

Renewable Energy World - January 29, 2009

More info…

Water Efficiency: The Next Big Green Idea

Greentech Media - February 2, 2009

More info…

CenterPoint Rolls out $640M Smart Meter Project in Texas

Cleantech Group - February 2, 2009

More info…

Renewable Energy Project Finance: Cause for Optimism Amidst Turmoil

Renewable Energy World - February 5, 2009

More info…

Ball State University OKs $66M Geothermal Project

Chicago Tribune - February 9, 2009

More info…

Tesla to Be Profitable by Mid-2009, CEO Musk Says

Greentech Media - February 11, 2009

More info…

Biofuels Study Sees 90 Billion Gallons by 2030

Associated Press - February 10, 2009

More info…

SunPower’s Quarterly Profit Shot Up Five-Fold

Greentech Media - January 29, 2009

More info…

Geothermal Market Update: Steady Growth in 2009

Renewable Energy World - January 29, 2009

More info…

ReneSola Secures $117M Loan for Polysilicon Plant

Cleantech Group - January 28, 2009

More info…

MMA Renewable Ventures to Raise Its Fifth Solar Fund

Greentech Media - January 27, 2009

More info…

Better Place Denmark to Plug Electric Cars by 2011

CNET News - January 27, 2009

More info…

280,000 New U.S. Jobs Tied Directly to Smart Grid Deployment

Renewable Energy World - January 23, 2009

More info…

In the News: Europe

Germany, U.S., Australia Inject Stimulus Spending into Cleantech

Cleantech Group - February 13, 2009

More info…

Greater Pacific Capital Plans $750M Fund for China, India

Cleantech Group - February 10, 2009

More info…

Energy Credits, The U.K. Way

Greentech Media - February 11, 2009

More info…

European Cities Sign Climate Change Agreement

The Washington Post - February 10, 2009

More info…

Wind Power to Whip Up Storm of Scottish Opportunities

The Sunday Times - February 8, 2009

More info…

Blown Away: BT and Tesco May Abandon Huge New Eco-Projects Following a Last-Minute Rule Change by the Government

The Sunday Times - February 15, 2009

More info…

Wind Installations Continue to Break Records Across the Globe

Renewable Energy World - February 4, 2009

More info…

Iberdrola Planning 1.2 GW Pumped Storage Hydro Plant in Portugal

Renewable Energy World - February 3, 2009

More info…

300 MW of Offshore Wind Planned in Netherlands

Renewable Energy World - January 29, 2009

More info…

Norway to Lead European CCS Research Effort

Cleantech Group - January 27, 2009

More info…

Five Projects Make Severn Tidal Power Shortlist

Renewable Energy World - January 27, 2009

More info…

SunEdison Expands in Germany, Italy with Acquisition

Cleantech Group - January 22, 2009

More info…

Russia Sets Renewable Energy Mandates

Cleantech Group - January 21, 2009

More info…

Federal and State Happenings

Update: U.S. Senate Passes Stimulus Package with Renewable Energy Provisions

Renewable Energy World - February 10, 2009

More info…

Gainesville Solar Feed-In Tariff a Done Deal

Renewable Energy World - February 9, 2009

More info…

Early Push Positioned States for Green Jobs Now

Chicago Tribune - February 7, 2009

More info…

Texas Approves U.S. $5B for Transmission

Renewable Energy World - February 6, 2009

More info…

Farmers Need a Better Grid, Too

Greentech Media - February 6, 2009

More info…

Washington State Introduces Feed-In Tariff

Renewable Energy World - February 2, 2009

More info…

USDA, DOE Announce up to $25M in Funding for Biomass Research and Development Initiative

Press Release, U.S. Department of Energy - January 30, 2009

More info…

Solar Panel Installations in California Through the Roof in 2008

Los Angeles Times - January 28, 2009

More info…

USDA Approves First Guaranteed Loan for Commercial Cellulosic Ethanol Plant

Renewable Energy World - January 22, 2009

More info…

Grants

DOE Loan Guarantee Program: Energy Efficiency, Renewable Energy and Advanced Transmission and Distribution Technologies Solicitation

The U.S. Department of Energy (DOE) has announced three solicitations for a total of up to $30.5 billion in federal loan guarantees for projects that employ advanced energy technologies that avoid, reduce or sequester air pollutants or greenhouse gas emissions. The three solicitations are in the areas of energy efficiency, renewable energy and advanced transmission and distribution technologies; nuclear power facilities; and advanced nuclear facilities for the “front-end” of the nuclear fuel cycle.

The loan guarantee process is organized into four phases: application, project evaluation, conditional commitment and final approval and closing of a Loan Guarantee Agreement. Selection criteria for the clean energy projects under these solicitations will focus on a project’s ability to avoid, reduce or sequester air pollutants or greenhouse gas emissions; the speed with which the technologies can be commercialized; the prospect of repayment of the guaranteed debt; and the potential for long-lasting success of these technologies in the marketplace.

Application Deadline: February 26, 2009

More info…

20% Wind by 2030: Overcoming the Challenges

The U.S. Department of Energy (DOE) has announced the issuance of a Funding Opportunity Announcement (FOA) for up to $6 million over two years (FY09-FY10), subject to annual appropriations, to address wind development technical challenges and market acceptance barriers as outlined in the “20% Wind Energy by 2030” report. The announcement will address six topic areas:

  • turbine research, development and testing;
  • distributed wind technologies;
  • market acceptance efforts;
  • environmental research and sitting strategies;
  • transmission analysis, planning and assessments; and
  • workforce development.

Application Deadline: March 3, 2009

More info…

DOE and USDA Funding Opportunity of up to $25M for Biomass Research and Development Initiative

On January, 30, 2009, the U.S. Departments of Energy (DOE) and Agriculture (USDA) announced up to $25 million in funding for research and development of technologies and processes to produce biofuels, bioenergy and high-value biobased products, subject to annual appropriations.

USDA and DOE are issuing this joint funding opportunity announcement (FOA) for several types of projects aimed at increasing the availability of alternative renewable fuels and biobased products. The projects will aim to create a diverse group of economically and environmentally sustainable sources of renewable biomass. Advanced biofuels produced from these types of sources are expected to reduce greenhouse gas emissions by a minimum of 50 percent.The FOA will fund projects in the following three technical areas specified in the Food, Conservation and Energy Act (FCEA) of 2008:

  • Feedstocks development;
  • Biofuels and biobased products development; and,
  • Biofuels development analysis.

Award amounts are planned to range from $1 million to up to $5 million with project periods up to four years, subject to annual appropriations. Eligible applicants include institutions of higher education, national laboratories, federal research agencies, state research agencies, private sector entities, non-profit organizations, or a consortium of two or more of those entities.

Pre-Application Deadline: March 6, 2009

More info…

Advanced Technology Vehicles Manufacturing Loan Program

Section 136 of the Energy Independence and Security Act of 2007 (EISA) provided the U.S. Department of Energy (DOE) with funding to make up to $25 billion in direct loans to eligible applicants for the costs of reequipping, expanding and establishing manufacturing facilities in the United States to produce advanced technology vehicles and components for such vehicles. These vehicles must provide meaningful improvements in fuel economy performance.

Application Deadline: December 31, 2009; and every 90 days thereafter as long as authority remains to make additional loans

More info…

DOE Funding Opportunity of up to $200M for Pilot and Demonstration Scale Biorefinery Projects

The U.S. Department of Energy (DOE) has announced the issuance of a Funding Opportunity Announcement (FOA) for up to $200 million over six years (FY 2009--FY 2014), subject to annual appropriations, to support the development of pilot and demonstration-scale biorefineries including the use of feedstocks such as algae and production of advanced biofuels such as bio-butanol, green gasoline and other innovative biofuels.

The FOA has two topic areas for biorefinery development:

  • Pilot-scale, minimum throughput of one dry tonne of feedstock per day with a minimum non-federal cost-share at 30 percent.
  • Demonstration-scale minimum throughput of 50 dry tonnes of feedstock per day, with a minimum non-federal cost-share at 50 percent.

DOE anticipates making approximately 5-12 awards under this announcement, depending on the topic area and size of awards.

Application Deadline: Optional letters of intent - February 27, 2009; completed applications - April 30, 2009

More info…

The Energy Foundation Grants

The Energy Foundation is a partnership of major donors interested in solving the world’s energy problems. Their mission is to advance energy efficiency and renewable energy—new technologies that are essential components of a clean energy future.

More info…

The Renewable Fuels Foundation Offers
Its First Grants for Ethanol Production

The Renewable Fuels Foundation (RFF) Board of Directors funds those research projects that have clear goals and measurable outcomes with benchmarks that will advance the science of ethanol production. While sound research should be the basis for all grant applications, the RFF will only support projects that directly enhance domestic production of ethanol and the efficient use of co-products. One grant will be awarded for $150,000, of which $75,000 will be made available over two years. Viable projects may qualify for continued funding past this time frame.

Research project proposals must have a national implication, not local. The RFF prefers to fund national model projects, thereby making a bigger impact to the US ethanol market.

More info…

The Carbon Trust

The Carbon Trust, via an incubator scheme, helps prepare promising early stage companies in the UK to raise the investment needed to grow their business. They work with early-stage companies who have developed innovative carbon-saving technologies, demonstrating commercial potential and high-growth potential. The Carbon Trust is funded by the Department for Environment, Food and Rural Affairs (Defra), the Department for Business, Enterprise and Regulatory Reform (BERR), the Scottish Government, the Welsh Assembly Government and Invest Northern Ireland. The scheme aims to create investment opportunities in technology start-up companies developing low-carbon technologies.

Companies accepted for incubation will receive up to £60,000 of financial support from the Carbon Trust over a 12–18 month period. The Carbon Trust incubator scheme, which accelerates the commercialization of promising low-carbon businesses, has announced partnerships with business advisory firm Grant Thornton and a commercial law firm local to Cambridge (Mills & Reeve LLP), to provide corporate finance and legal advisory support to its incubator companies.

More info…

Focus on Energy Renewable Program Incentives and Grants

Focus on Energy, Wisconsin's energy efficiency and renewable energy initiative, announced that it is offering large, one-time-only grants to help finance the installation of innovative renewable energy systems. Funds will be awarded on a competitive basis and are meant to support one project in each of the following technologies:

  • Industrial or Municipal Anaerobic Digesters & Biomass Combustion: These grants will fund the installation of a commercially available anaerobic digester system and a biomass combustion system in the US $2–4 million range. The grant will reward up to 25% of the installed project cost, or a maximum of US $500,000.
  • Solar Water Heating: This grant will fund the installation of a solar hot-water system that offsets more than 10,000 therms per year. The grant will reward up to 25% of the installed project cost for tax-paying entities and up to 35% for nonprofits, or a maximum of US $100,000.
  • Solar Electric: This grant will fund the installation of a PV system that produces more than 50 kilowatts (kW) per year. The grant will reward up to 25% of the installed project cost for tax-paying entities and up to 35% for nonprofits, or a maximum of US $100,000.
  • Wind Energy: This grant will provide financial support for the installation of one commercially available wind-energy system that demonstrates a new type of turbine, has a special type of application and/or provides very high visibility and educational value. To be eligible the project must produce 20 kW to 100 kW per year. This grant will reward up to 35% of the installed project cost, or a maximum of US $100,000.

More info…

Legal News

Highlights of the Stimulus Package for the Energy and Clean Technology Sector

Energy and Clean Technology Alert, Mintz Levin - February 18, 2009

More info…

Massachusetts Announces New Rules for Renewable Portfolio Standards

Energy and Clean Technology Alert, Mintz Levin - January 23, 2009

More info…

Mintz Levin’s Energy and Clean Tech Practice Completed 35 Transactions in 2008

Press Release, Mintz Levin - February 2, 2009

More info…

Mintz Levin Hosts Wharton Club of D.C. Green Business Roundtable Breakfast

Press Release, Mintz Levin - February 19, 2009

More info…

Using the Attorney-Client Privilege to Protect Drafts of SEC Filings

Litigation and Securities Alert, Mintz Levin - February 6, 2009

More info…

Preparation for 2008 Fiscal Year SEC Filings and 2009 Annual Shareholder Meetings

Securities Law Advisory, Mintz Levin - February 5, 2009

More info…

Revisions to Form D and Mandatory Electronic Filing Requirements for Form D for All Issuers

Venture Capital Alert, Mintz Levin - February 3, 2009

More info…

Andrew R. Urban Named Diversity Hero by Massachusetts Lawyers Weekly

Press Release, Mintz Levin - February 3, 2009

More info…

NYSE Temporarily Lowers Market Capitalization Requirement

Securities Law Alert, Mintz Levin - January 30, 2009

More info…

United States District Court for the District of Massachusetts Adopts New Patent Rule

Intellectual Property Alert, Mintz Levin - January 29, 2009

More info…

Twenty-Nine Mintz Levin Attorneys Included in The Best Lawyers in America, 2009 Edition

Press Release, Mintz Levin - January 21, 2009

More info…

HSR and Other FTC Civil Penalties Increase

Antitrust Alert, Mintz Levin - January 15, 2009

More info…

Mintz Levin Expands Employment, Labor and Benefits Section in its New York Office

Press Release, Mintz Levin - January 14, 2009

More info…

Events

Going Green East

March 9-11, 2009
Four Seasons Hotel
Boston, Massachusetts

More info…

Solar Power Generation 2009

February 23-24, 2009
Hotel 1898
Barcelona, Spain

More info…

Cleantech Forum XXI

February 23-35, 2009
Fairmont Hotel
San Francisco, California

More info…

14th National Ethanol Conference

Policy & Marketing
February 23-25, 2009
Henry B. Gonzalez Convention Center
San Antonio, Texas

More info…

Introduction to Carbon Trading and Finance

February 24, 2009
The Torch Club - NYU Campus
New York, New York

More info…

International Solar Energy Expo & Conference 2009

February 25-27, 2009
Expo Solar Bureau 13F.‚ Shinhan DM Bldg.33-1
Seoul, Korea

More info…

NECEC Clean Energy Fellowship Information Session

February 26, 2009
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C.
One Financial Center
Boston, Massachusetts

More info…

Water, Energy and Entrepreneurship: An Israeli Case Study

February 26, 2009
MIT Sloan School of Management
Cambridge, Massachusetts

More info…

Green Building Finance & Investment Forum West

March 2-4, 2009
Hyatt Regency San Francisco
San Francisco, California

More info…

Green Energy Summit

March 4-7 2009
Bangalore, India

More info…

Great Energy Efficiency Day 2009

Keys to Unlocking Energy Efficiency
March 4, 2009
Capitol Hill
Washington, D.C.

More info…

Revolutionizing the Smart Grid

May 19-20, 2009
San Diego, California

More info…

PHOTON’s 4th Photovoltaic Technology Show 2009 Europe

March 4-6, 2009
New Munich Trade Fair Center Munich (MMG), Halls C1 + C2
Munich, Germany

More info…

Northeast Sustainable Energy Association Building Energy 2009

March 10-12, 2009
Seaport World Trade Center
Boston, Massachusetts

More info…

Renewable Energy World Conference & Expo North America

March 10-12, 2009
Las Vegas, Nevada

More info…

IEEE Power & Energy Society 2009 Power Systems Conference & Exposition

March 15-18, 2009
Sheraton Seattle Hotel
Washington State Convention and Trade Center
Seattle, Washington

More info…

World Biofuels Markets

March 16-18, 2009
Brussels, Belgium

More info…

Biomass 2009: Fueling Our Future

March 17-18, 2009
Gaylord National
National Harbor, Maryland

More info…

Geothermal Innovation & Investment

March 24-25, 2009
Le Meridien
San Francisco, California

More info…

3rd Annual ThinkGreen Conference

March 24-26, 2009
Intercontinental
San Francisco, California

More info…

BioPower Generation Asia

March 25-26, 2009
Orchard Hotel
Singapore

More info…

Solar Power Finance & Investment Summit

March 25-27, 2009
The Westin San Diego
San Diego, California

More info…

4th Asia Solar Photovoltaic Exhibition & Forum 2009

March 30-April 1, 2009
Shanghai, China

More info…

NHA Conference & Hydrogen Expo XX

March 30-April 3, 2009
Columbia Metropolitan Convention Center
Columbia, South Carolina

More info…

Solar Innovation & Investment Asia

March 31-April 1, 2009
Shanghai Mart
Shanghai, China

More info…

Advanced Capacitors World Summit 2009

March 31-April 2, 2009
Hilton Torrey Pines
La Jolla, California

More info…

Sustainable Bioenergy 2009

April 1-2, 2009
America Square Conference Centre
London, United Kingdom

More info…

The Wall Street Green Trading Summit

April 1-2, 2009
The Times Center
New York, New York

More info…

Carbon TradeEx America

April 7-8, 2009
Walter E. Washington Convention Center
Washington, D.C.

More info…

Uptime Institute: Research Symposium & Expo 2009

Lean, Clean & Green
April 13, 2009
Hilton New York Hotel
New York, New York

More info…

2nd Annual Global Marine Renewable Energy Conference

April 15-16, 2009
The Carnegie Institution for Science
Washington, D.C.

More info…

Alternative Fuels & Vehicles National Conference & Expo 2009

April 19-22, 2009
Walt Disney World Swan & Dolphin Resort
Orlando, Florida

More info…

Clean Energy Investments Forum 2009

April 20-21, 2009
Hilton Houston Post Oak
Houston, Texas

More info…

Dow Jones Alternative Energy Innovations 2009

April 21-22, 2009
Sofitel San Francisco Bay
Redwood City, California

More info…

Northeast Power Markets Forum

April 27-28, 2009
The Fairmont Washington
Washington, D.C.

More info…

Energy Efficiency Global Forum & Exposition

April 27-29, 2009
Palais des Congres
Paris, France

More info…

Organic Photovoltaics 2009

April 27-29, 2009
Doubletree Hotel Philadelphia
Philadelphia, Pennsylvania

More info…

Implementation of Renewable Energy in the Emerging Markets of Africa, Latin America and the Caribbean 2009 (REEM09)

April 27-29, 2009
Hotel Nikko
San Francisco, California

More info…

Thin Film Solar

April 28-29, 2009
Nikko Hotel
San Francisco, California

More info…

Cleantech Forum XXII

April 28-30, 2009
Radisson SAS Scandinavia
Copenhagen, Denmark

More info…

Sustainable Manufacturing Summit

April 29-30, 2009
Navy Pier
Chicago, Illinois

More info…

Clean Technology Conference & Expo 2009

May 3-7, 2009
George R. Brown Convention Center
Houston, Texas

More info…

WINDPOWER 2009 Conference & Exhibition

May 4-7, 2009
McCormick Place Convention Center
Chicago, Illinois

More info…

SNEC 3rd International Photovoltaic Power Generation Conference & Exhibition

May 5-8, 2009
Shanghai International Convention Center
Shanghai, China

More info…

SOLAR 2009

May 12-16, 2009
Buffalo Niagara Convention Center
Buffalo, New York

More info…

Photovoltaics Summit 2009

June 1-3, 2009
Hotel Kabuki
San Francisco, California

More info…

Concentrating Solar Thermal Power 2009

June 4-5, 2009
Hotel Kabuki
San Francisco, California

More info…

34th IEEE Photovoltaic Specialists Conference

June 7-12, 2009
Philadelphia Marriott
Philadelphia, Pennsylvania

More info…

6th Renewable Energy Finance Forum Wall Street

June 23-24, 2009
Waldorf Astoria
New York, New York

More info…

BWEA Offshore Wind 2009

June 24-25, 2009
QEII Centre in Westminster
London, United Kingdom

More info…

Going Green

September 14-16, 2009
Cavallo Point
San Francisco, California

More info…

24th European Photovoltaic Solar Energy Conference & Exhibition

September 21-25, 2009
CCH - Congress Center and International Fair
Hamburg, Germany

More info…

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