Commission Decision of 08/02/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6456 - EDF / KOGENERACJA) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) |EUROPEAN COMMISSION | Brussels , 8.02.2012 C(2012)856 PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE |To the notifying party: | Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6456 - EDF / KOGENERACJA Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 12.01.2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which EDF International S.A.S ("EDFI"), belonging to Electricité de France S.A.
("EDF", France) acquires within the meaning of Article 3(1)(b) of the Merger Regulation control of the whole of Zespół Elektrociepłowni Wrocławskich Kogeneracja S.A. ("Kogeneracja", Poland) by way of purchase of shares. Currently, EDF and Energie Baden-Württemberg AG ("EnBW", Germany) jointly control Kogeneracja. 2. The business activities of the undertakings concerned are: - EDF: energy sector, including generation, transmission, distribution and supply of electricity, as well as generation of heat. - Kogeneracja: heat and power generation. [2] 3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(c)ii and (d) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [3] .
4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation. For the Commission (signed) Alexander ITALIANER Director General [1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market".
The terminology of the TFEU will be used throughout this decision. [2] Publication in the Official Journal of the European Union No C 16, 19.01.2012, p. 12 [3] OJ C 56, 5.3.2005, p. 32.