Case No COMP/M.5767 - SORGENIA/ J&P/ ARGESTIS

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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 03/02/2010

In electronic form on the EUR-Lex website under document number 32010M5767

Office for Publications of the European Union L-2985 Luxembourg

EUROPEAN COMMISSION

Brussels, 03/02/2010 SG-Greffe(2010) D/1275/1276 C(2010) 812

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties:

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

Subject: Case No COMP/M.5767 - SORGENIA/ J&P/ ARGESTIS Notification of 04/01/2010 pursuant to Article 4 of Council Regulation (EC) No 139/2004 Publication in the Official Journal of the European Union No C 006 of 12/01/2010, p. 19.

1.On 04/01/2010, the Commission received notification of a proposed concentration pursuant to Article 4 of the EC Merger Regulation by which the undertakings Sorgenia S.p.A. ("Sorgenia", Italy), controlled by the CIR Group ("CIR", Italy), which is ultimately controlled by Cofide ("Cofide", Italy), and J&P Avax S.A. ("J&P", Greece), acquire within the meaning of Article 3(1)(b) of the EC Merger Regulation joint control of the undertaking Argestis S.A. ("Argestis", Greece) by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are:

-- Sorgenia: active in the generation, wholesale and retail trading of gas and electricity in Italy;

-- J&P Avax: mainly active in the market for engineering and construction services;

-- Argestis: will be active in the market for electricity trading and generation.

1OJ L 24, 29.1.2004, p. 1 (the "EC Merger Regulation").

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 the EC Merger Regulation and of paragraph 5(b) 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 the EC Merger Regulation.

For the Commission (Signed) Philip LOWE Director General

2OJ C 56, 05.3.2005, p. 32 ("Notice on a simplified procedure").

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