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REGULATION (EC) No 139/2004 MERGER PROCEDURE

Article 6(1)(b) NON-OPPOSITION Date: 07/04/2009

In electronic form on the EUR-Lex website under document number 32009M5494

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

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 7.4.2009 SG-Greffe(2009) D/2106 C(2009)2881

SIMPLIFIED PROCEDURE

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

PUBLIC VERSION

To the notifying party

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

1.On 10.03.2009, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 by which the undertaking Enel S.p.A (Enel, Italy) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of the undertaking Endesa S.A (Endesa, Spain) by way of purchase of shares.

The business activities of the undertakings concerned are:

-- for Enel : is active in the generation, distribution and supply of electricity in Italy, Spain, Bulgaria, Romania, Greece, Slovakia, Russia, France and North-South America. It is also active in electricity trading throughout Europe and in the purchase and sale of natural gas;

-- for Endesa : is active in the generation, distribution and supply of electricity in Spain, Portugal, the Netherlands, France, Germany, Greece, Ireland, South America and North Africa. It is also active in electricity trading throughout Europe and natural gas, coal mining and real estate in Spain.

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(d) 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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