m8289.docx EUROPEAN COMMISSION Brussels, 5.12.2016 C(2016) 8358 final To the notifying parties Subject : Case M. 8289- ENGIE / OMNES CAPITAL / PREDICA / MAIA EOLIS Commission decision pursuant to Article 6(1 )( b) of Council Regulation (EC) No 139/2004 1 and Article 57 of the Agreement on the European Economic Area 2 Dear Sir or Madam, 1. On 11 November 2016 , the European Commission received notification of a proposed conc entration pursuant to Article 4 of the Merger Regulation by which Engie S.A. (" Engie ", France), Omnes Capital (France) and Prédica Prévoyance Dialogue du Crédit Agricole S.A.
(" Prédica ", France) will acquire joint control over the wind farms in operation of Maïa Eolis (France) within the meaning of Article 3(1)(b) of the Merger Regulation, by means of purchase of shares (hereafter the "Proposed Transaction"). Engie , Omnes Capital, Prédica and Maïa Eolis are collectively refer red to as the "Parties" . 3 2. The business activities of the undertakings concerned are: - Engie is an industrial company active in the fields of gas, electricity and energy services. It is active throughout the entire energy-value chain ; - Omnes Capital is an independent French asset management company, which collects financial participations from investors and is active in several branches of private equity, notably in the renewable energy sector.
Omnes Capital is managing several investment funds , some of which hold participations in companies active in the energy sector ; - Prédica is a 100% subsidiary of Crédit Agricole S.A., which is active in the insurance sector; - Maïa Eolis is active in the generation of electricity by wind farms in France. It owns several special purpose vehicles (“SPVs ”), some of which comprise wind farms in operation, others which comprise wind farms unde r development, and others which comprise wind farms both in operation and under devel opment. The Proposed Transaction only concerns Maïa Eolis ' wind farms in operation.
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 ) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 . 4 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 and Article 57 of the EEA Agreement .
For the Commission (Signed) Johannes LAITENBERGER 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) OJ L 1, 3.1.1994, p. 3 ( the ' EEA Agreement ' ). (3) Publication in the Official Journal of the European Union No C 429 , 22.11.2016 , p. 6 . (4) OJ C 366, 14.12.2013, p.
5 .