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Case No COMP/M.6509 - GE/ KGAL/ EXTRESOL-2

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 01/03/2012

In electronic form on the EUR-Lex website under document number 32012M6509

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 1.03.2012 C(2012) 1467

PUBLIC VERSION

SIMPLIFIED MERGER PROCEDURE

To the notifying parties

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

Subject: Case No COMP/M.6509 - GE/ KGAL/ EXTRESOL-2 Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004

1.On 03/02/2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which General Electric Company ("GE", USA) and KGAL GmbH & Co. KG ("KGAL", Germany) acquire within the meaning of Article 3(1)(b) of the Merger Regulation indirect joint control over a newly created full-function joint venture ("Extresol-2", Spain), by way of a purchase of shares

The business activities of the undertakings concerned are:

-for GE: a global diversified manufacturing, technology and services company. GE Capital, the relevant GE business unit involved in the proposed concentration, invests globally in energy assets.

-for KGAL: a German investment company concentrating in real assets and their structured financing.

1OJ 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.

2Publication in the Official Journal of the European Union No C 38, 11/02/2012, p.29

Commission européenne, 1049 Bruxelles, BELGIQUE / Europese Commissie, 1049 Brussel - BELGIË. Telephone: (32-2) 299 11 11.

-for Extresol-2: generation and wholesale of electricity primarily in Spain through its solar thermal power plant in Extremadura, Spain.

3After 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.

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

3OJ C 56, 5.3.2005, p. 32.