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REGULATION (EEC) No 4064/89 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 13/09/2001

Also available in the CELEX database Document No 301M2566

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 13/09/2001 SG(2001) 291360

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

PUBLIC VERSION

To the notifying parties:

Dear Sir(s),

1.On 10 August 2001, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EEC) No. 4064/89 by which Attiki Denmark ApS (ìInvestorî), controlled by Shell Gas and the US based Cinergy, and the Greek Gas Distribution company of Attiki SA (ìEDAî) which is ultimately controlled by the Greek State, acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the Greek Attiki Gas supply Company SA (ìEPAî) by way of purchase of shares in a newly created company constituting a joint venture.

The business activities of the undertakings concerned are :

-- for Investor : investment vehicle created to acquire the participation in EPA

-- for Shell Gas: holding company part of the Netherlands/UK based Royal Dutch/Shell companies engaged in the exploration, production and sale of oil and natural gas, chemicals and power generation.

1OJ L 395, 30.12.1989 p. 1; corrected version OJ L 257 of 21.9.1990, p. 13, as last amended by Regulation (EC) No 1310/97, OJ L 180, 9.7.1997, p. 1, corrigendum in OJ L 40, 13.2.1998, p. 17.

Rue de la Loi 200, B-1049 Bruxelles/Wetstraat 200, B-1049 Brussel - Belgium Telephone: exchange 299.11.11 Telex: COMEU B 21877. Telegraphic address: COMEUR Brussels.

-- for Cinergy: US energy company

-- for EDA : Gas distribution company for the region of Attiki (Greece)

-- for EPA : the JV company that will sell gas to small consumers (less than 10 mio cubic metres p.a.) in the region of Attiki.

3.After examination of the notification, the Commission has concluded that the notified operation falls within the scope of Council Regulation (EEC) No. 4064/89 and of section 4(a) of the Commission Notice on a simplified procedure for treatment of certain

concentrations under Council Regulation (EEC) No 4064/892.

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 (EEC) No. 4064/89.

For the Commission, (Signed) Mario MONTI Member of the Commission

2OJ C 217, 29.07.2000, p. 32.

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