# C_2016345EN.01001101.xml

| 21.9.2016 | EN | Official Journal of the European Union | C 345/11 |
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21.9.2016

EN

Official Journal of the European Union

C 345/11

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Prior notification of a concentration

(Case M.8165 — Eneco/Elicio/Norther JV)

Candidate case for simplified procedure

(Text with EEA relevance)

(2016/C 345/07)

| 1. | On 12 September 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Eneco Wind Belgium NV (‘EWB’, Belgium) belonging to the Eneco group and Elnu NV (‘Elnu’, Belgium) controlled by Nethys SA acquires within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Norther NV (‘Norther’, Belgium) by way of purchase of shares in a newly created company constituting a joint venture. |
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1.

On 12 September 2016, the Commission received notification of a proposed concentration pursuant to Article 4 of Council Regulation (EC) No 139/2004 (1) by which Eneco Wind Belgium NV (‘EWB’, Belgium) belonging to the Eneco group and Elnu NV (‘Elnu’, Belgium) controlled by Nethys SA acquires within the meaning of Article 3(1)(b) and 3(4) of the Merger Regulation joint control of Norther NV (‘Norther’, Belgium) by way of purchase of shares in a newly created company constituting a joint venture.

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






  — | EWB is active in Belgium in the production of electricity from wind energy. EWB participates in and manages both ‘onshore’ and ‘offshore’ wind farm projects. For onshore wind farms, EWB is active at both the development stage and the exploitation stage, for offshore wind farms, EWB is in Belgium currently only active at the development stage. |
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2.

The business activities of the undertakings concerned are:

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EWB is active in Belgium in the production of electricity from wind energy. EWB participates in and manages both ‘onshore’ and ‘offshore’ wind farm projects. For onshore wind farms, EWB is active at both the development stage and the exploitation stage, for offshore wind farms, EWB is in Belgium currently only active at the development stage.

| — | Elnu is a 100 % subsidiary of Elicio NV (‘Elicio’). In Belgium, Elicio (through its subsidiaries) generates electricity from operational onshore wind farms and is developing various projects relating to the production of biomass and wind energy (including offshore wind farms). Elicio is a subsidiary of Nethys SA. |
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Elnu is a 100 % subsidiary of Elicio NV (‘Elicio’). In Belgium, Elicio (through its subsidiaries) generates electricity from operational onshore wind farms and is developing various projects relating to the production of biomass and wind energy (including offshore wind farms). Elicio is a subsidiary of Nethys SA.

| — | Norther NV will own, operate and maintain a wind farm located in the North Sea. |
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Norther NV will own, operate and maintain a wind farm located in the North Sea.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the 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 this Notice. |
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3.

On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the Merger Regulation. However, the final decision on this point is reserved. Pursuant to the Commission Notice on a simplified procedure for treatment of certain concentrations under the 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 this Notice.

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| 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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.8165 — Eneco/Elicio/Norther JV, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| 1049 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number M.8165 — Eneco/Elicio/Norther JV, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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(1)  OJ L 24, 29.1.2004, p. 1 (the ‘Merger Regulation’).

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(2)  OJ C 366, 14.12.2013, p. 5.

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