# C_2008303EN.01000901.xml

| 26.11.2008 | EN | Official Journal of the European Union | C 303/9 |
| --- | --- | --- | --- |

26.11.2008

EN

Official Journal of the European Union

C 303/9

---

Prior notification of a concentration

(Case COMP/M.5375 — Electrabel Deutschland/WSW Wuppertaler Stadtwerke/WSW Energie & Wasser)

Candidate case for simplified procedure

(Text with EEA relevance)

(2008/C 303/06)

| 1. | On 18 November 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) 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. |
| --- | --- |

1.

On 18 November 2008, the Commission received a notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) 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.

1

| 2. | 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, |
| --- | --- | --- |

2.

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 GmbH: municipal utility,

| — | for WSW AG: generation and supply of electricity, natural gas and district heat in Wuppertal. |
| --- | --- |

—

for WSW AG: generation and supply of electricity, natural gas and district heat in Wuppertal.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice. |
| --- | --- |

3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of Regulation (EC) No 139/2004. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 (2) it should be noted that this case is a candidate for treatment under the procedure set out in the Notice.

2

| 4. | The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.
  Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5375 — Electrabel Deutschland/WSW Wuppertaler Stadtwerke/WSW Energie & Wasser, to the following address:





  European Commission |
| --- | --- |
| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Brussels |

4.

The Commission invites interested third parties to submit their possible observations on the proposed operation to the Commission.

Observations must reach the Commission not later than 10 days following the date of this publication. Observations can be sent to the Commission by fax ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.5375 — Electrabel Deutschland/WSW Wuppertaler Stadtwerke/WSW Energie & Wasser, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

---

(1)  OJ L 24, 29.1.2004, p. 1.

1

(2)  OJ C 56, 5.3.2005, p. 32.

2

---