# C_2008127EN.01003701.xml

| 24.5.2008 | EN | Official Journal of the European Union | C 127/37 |
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24.5.2008

EN

Official Journal of the European Union

C 127/37

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Prior notification of a concentration

(Case COMP/M.5170 — E.ON/Endesa Europa/Viesgo)

(Text with EEA relevance)

(2008/C 127/20)

| 1. | On 19 May 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 undertaking E.ON A.G. (‘E.ON’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of Endesa Europa SL (‘Endesa Europa’, Spain), of certain assets and rights of Endesa SA (‘Endesa’, Spain) and of certain subsidiaries of the Italian company ENEL SpA in Spain (‘Viesgo’), by way of purchase of shares and assets. |
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1.

On 19 May 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 undertaking E.ON A.G. (‘E.ON’, Germany) acquires within the meaning of Article 3(1)(b) of the Council Regulation sole control of Endesa Europa SL (‘Endesa Europa’, Spain), of certain assets and rights of Endesa SA (‘Endesa’, Spain) and of certain subsidiaries of the Italian company ENEL SpA in Spain (‘Viesgo’), by way of purchase of shares and assets.

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| 2. | The business activities of the undertakings concerned are:






  — | for E.ON: generation, distribution and supply of electricity, as well as purchase and sale of natural gas for domestic electricity generation, |
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2.

The business activities of the undertakings concerned are:

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for E.ON: generation, distribution and supply of electricity, as well as purchase and sale of natural gas for domestic electricity generation,

| — | for Endesa Europa: Endesa's business activities in the electricity sector in European countries outside Spain, |
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for Endesa Europa: Endesa's business activities in the electricity sector in European countries outside Spain,

| — | for Endesa: generation, distribution and supply of electricity. It is also active in the gas sector and to a limited extent, in real estate, |
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for Endesa: generation, distribution and supply of electricity. It is also active in the gas sector and to a limited extent, in real estate,

| — | for Viesgo: generation, distribution and supply of electricity in Spain. |
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for Viesgo: generation, distribution and supply of electricity in Spain.

| 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. |
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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.

| 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.5170 — E.ON/Endesa Europa/Viesgo, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| B-1049 Bruxelles/Brussel |

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.5170 — E.ON/Endesa Europa/Viesgo, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Bruxelles/Brussel

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

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