# C_2009231EN.01004601.xml

| 25.9.2009 | EN | Official Journal of the European Union | C 231/46 |
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25.9.2009

EN

Official Journal of the European Union

C 231/46

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Prior notification of a concentration

(Case COMP/M.5649 — RREEF Fund/ENDESA/UFG/SAGGAS)

(Text with EEA relevance)

2009/C 231/12

| 1. | On 17 September 2009, 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 RREEF Pan-European Infrastructure Fund LP (‘RREEF Fund’, United Kingdom), ultimately managed by Deutsche Bank (‘DB’, Germany), ENDESA Generación S.A. (‘ENDESA’, Spain), controlled by the group ENEL S.p.A. (‘ENEL’, Italy) and UNION FENOSA GAS, S.A. (‘UFG’, Spain), which is a joint venture between Unión Fenosa S.A. (now Gas Natural SDG, S.A. ‘GN’, Spain), and ENI S.p.A (‘ENI’, Italy), acquire, within the meaning of Article 3(1)(b) of the Council Regulation, joint control of the undertaking Planta De Regasification De Sagunto S.A. (‘SAGGAS’, Spain) by way of purchase of shares in an existing joint venture. Currently, SAGGAS is jointly controlled by UFG, Iberdrola S.A. (Spain) and ENDESA. |
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1.

On 17 September 2009, 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 RREEF Pan-European Infrastructure Fund LP (‘RREEF Fund’, United Kingdom), ultimately managed by Deutsche Bank (‘DB’, Germany), ENDESA Generación S.A. (‘ENDESA’, Spain), controlled by the group ENEL S.p.A. (‘ENEL’, Italy) and UNION FENOSA GAS, S.A. (‘UFG’, Spain), which is a joint venture between Unión Fenosa S.A. (now Gas Natural SDG, S.A. ‘GN’, Spain), and ENI S.p.A (‘ENI’, Italy), acquire, within the meaning of Article 3(1)(b) of the Council Regulation, joint control of the undertaking Planta De Regasification De Sagunto S.A. (‘SAGGAS’, Spain) by way of purchase of shares in an existing joint venture. Currently, SAGGAS is jointly controlled by UFG, Iberdrola S.A. (Spain) and ENDESA.

1

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






  — | for RREEF Fund: investment fund active in banking, financial and related services worldwide, |
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2.

The business activities of the undertakings concerned are:

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for RREEF Fund: investment fund active in banking, financial and related services worldwide,

| — | for UFG: supply of gas to undertakings and individuals in Spain, |
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for UFG: supply of gas to undertakings and individuals in Spain,

| — | for ENDESA: generation, distribution and supply of electricity in Europe, South America and North Africa. It is also active in electricity trading throughout Europe, and natural gas, coal mining and real estate in Spain, |
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for ENDESA: generation, distribution and supply of electricity in Europe, South America and North Africa. It is also active in electricity trading throughout Europe, and natural gas, coal mining and real estate in Spain,

| — | for SAGGAS: regasification of liquid natural gas in Spain. |
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for SAGGAS: regasification of liquid natural gas 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 22964301 or 22967244) or by post, under reference number COMP/M.5649 — RREEF Fund/ENDESA/UFG/SAGGAS, 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 or 22967244) or by post, under reference number COMP/M.5649 — RREEF Fund/ENDESA/UFG/SAGGAS, 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.

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