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ELECTRABEL DEUTSCHLAND / WSW WUPPERTALER STADTWERKE / WSW ENERGIE & WASSER
M.5375
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REGULATION (EC) No 139/2004 MERGER PROCEDURE
Article 6(1)(b) NON-OPPOSITION Date: 18/12/2008
In electronic form on the EUR-Lex website under document number 32008M5375
Office for Official Publications of the European Communities L-2985 Luxembourg
COMMISSION OF THE EUROPEAN COMMUNITIES
Brussels, 18/12/2008 SG-Greffe(2008) D/208441/208442 C(2008) 8845
PUBLIC VERSION
MERGER PROCEDURE ARTICLE 6(1)(b) DECISION
SIMPLIFIED PROCEDURE
To the notifying party:
Dear Madam(s) and/or Sir(s),
1.On 23.10.2008 the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertakings Electrabel Deutschland AG ("EBLD", Germany) belonging to the GdF Suez group and WSW Wuppertaler Stadtwerke GmbH ("WSW GmbH", Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking WSW Energie & Wasser AG ("WSW AG", Germany) by way of purchase of shares.
The business activities of the undertakings concerned are:
-for EBLD: generation and supply with electricity, natural gas, district heat and provision of energy-related services;
-for WSW GmbH: municipal utility;
-for WSW AG: generation and supply of electricity, natural gas and district heat in Wuppertal.
1OJ L 24, 29.1.2004, p. 1.
Commission européenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (32-2) 299 11 11.
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 (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 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) Philip LOWE Director General
2OJ C 56, 05.3.2005, p. 32.
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