# C_2009043EN.01000901.xml

| 21.2.2009 | EN | Official Journal of the European Union | C 43/9 |
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21.2.2009

EN

Official Journal of the European Union

C 43/9

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Prior notification of a concentration

(Case COMP/M.4998 — EDF/EnBW/ERSA)

Candidate case for simplified procedure

(Text with EEA relevance)

(2009/C 43/08)

| 1. | On 11 February 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 E.D.F. International (France), controlled by Électricité de France SA (‘EDF’, France), and Energie Baden-Württemberg AG (‘EnBW’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Elektrownia ‘Rybnik’ S.A. (‘ERSA’, Poland) by way of purchase of shares. |
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1.

On 11 February 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 E.D.F. International (France), controlled by Électricité de France SA (‘EDF’, France), and Energie Baden-Württemberg AG (‘EnBW’, Germany) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of the undertaking Elektrownia ‘Rybnik’ S.A. (‘ERSA’, Poland) by way of purchase of shares.

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






  — | for EDF: generation, transmission, distribution and supply of electricity, |
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2.

The business activities of the undertakings concerned are:

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for EDF: generation, transmission, distribution and supply of electricity,

| — | for EnBW: generation, transmission, distribution and supply of electricity, |
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for EnBW: generation, transmission, distribution and supply of electricity,

| — | for ERSA: generation, processing and distribution of electricity in Poland. |
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for ERSA: generation, processing and distribution of electricity in Poland.

| 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. |
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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. 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.

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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 ((32-2) 296 43 01 or 296 72 44) or by post, under reference number COMP/M.4998 — EDF/EnBW/ERSA, to the following address:





  European Commission |
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| 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.4998 — EDF/EnBW/ERSA, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

B-1049 Brussels

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

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

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