Case No COMP/M.4060 - ENDESA EUROPA / ZEDO

Only the English text is available and authentic.

REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 09/01/2006

In electronic form on the EUR-Lex website under document number 32006M4060

Office for Official Publications of the European Communities L-2985 Luxembourg

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 09/01/2006

SG-Greffe(2005) D/200037

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying party

Dear Madam(s) and/or Sir(s),

Subject: Case No. COMP/M.4060 ñ ENDESA / ZEDO Notification of 30.11.2005 pursuant to Article 4 of Council Regulation (EC) No. 139/2004 Publication in the Official Journal of the European Union No. C 310 of 8 December 2005, page 9.

1.On 30.11.2005 the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Endesa Europa S.L. (ìEndesa Europaî), belonging to the group Endesa S.A. (ìEndesaî, Spain), acquires control of the whole of the undertaking ZespÛł Elektrowni Dolna Odra SpÛłka Akcyjna in Nowe Czarnowo S.A. (ìZedoî, Poland) by way of purchase of shares.

The business activities of the undertakings concerned are :

-- for undertaking Endesa: Spanish electricity operator also active in the gas sector. Endesa is also active in the electricity sector in other European countries, especially Portugal, France, Italy and Germany and to limited extent in the Netherlands and Poland as well as in South America and North Africa.

1OJ L 24, 29.1.2004 p. 1

Commission europÈenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.

-- for undertaking Zedo: Polish state owned company mainly active in the electricity and district heat markets in Poland.

2.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EC) No. 139/2004 and of paragraph 5 subparagraphs b and c(i) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No. 139/2004.

For the reasons set out in the Notice on a simplified procedure, the Commission has decided not to oppose the notified operation and to declare it compatible with the common market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of Council Regulation (EC) No. 139/2004.

For the Commission, signed, Neelie KROES Member of the Commission

2OJ C 56, 05.3.2005 p.32

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