# C_2008121EN.01002101.xml

| 17.5.2008 | EN | Official Journal of the European Union | C 121/21 |
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17.5.2008

EN

Official Journal of the European Union

C 121/21

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Prior notification of a concentration

(Case COMP/M.5171 — Enel/Acciona/Endesa)

(Text with EEA relevance)

(2008/C 121/18)

| 1. | On 13/05/2008, 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 Enel SpA (‘Enel’, Italy) and Acciona SA (‘Acciona’, Spain) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Endesa SA (‘Endesa’, Spain) by way of a joint takeover bid and an agreement entered into by ENEL and Acciona. Enel and Acciona will subsequently sell certain ENEL and Endesa businesses and assets in Spain and Italy, as well as related businesses in France, Poland and Turkey, to the German corporation E.on AG (‘E.on’). |
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1.

On 13/05/2008, 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 Enel SpA (‘Enel’, Italy) and Acciona SA (‘Acciona’, Spain) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Endesa SA (‘Endesa’, Spain) by way of a joint takeover bid and an agreement entered into by ENEL and Acciona. Enel and Acciona will subsequently sell certain ENEL and Endesa businesses and assets in Spain and Italy, as well as related businesses in France, Poland and Turkey, to the German corporation E.on AG (‘E.on’).

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






  — | for ENEL: 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 ENEL: generation, distribution and supply of electricity, as well as purchase and sale of natural gas for domestic electricity generation,

| — | for Acciona: development and management of infrastructures and real estate projects, provision of transport, urban and environmental services, as well as development and operation of renewable energies, |
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for Acciona: development and management of infrastructures and real estate projects, provision of transport, urban and environmental services, as well as development and operation of renewable energies,

| — | 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.

| 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.5171 — Enel/Acciona/Endesa, 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.5171 — Enel/Acciona/Endesa, 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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