# C_2009110EN.01000601.xml

| 14.5.2009 | EN | Official Journal of the European Union | C 110/6 |
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14.5.2009

EN

Official Journal of the European Union

C 110/6

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Prior notification of a concentration

(Case COMP/M.5515 — RWE Innogy/Rheinenergie/Stadtwerke München/Man Ferrostaal/Marquesado Solar)

Candidate case for simplified procedure

(Text with EEA relevance)

2009/C 110/06

| 1. | On 6 May 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 undertakings RWE Innogy, Germany, (belonging to the RWE group, Germany), RheinEnergie, Germany, Stadtwerke München, Germany and MAN Ferrostaal, Germany (controlled by International Petroleum Investment Company (‘IPIC’), United Arab Emirates) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Marquesado Solar, Spain by way of purchase of shares. |
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1.

On 6 May 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 undertakings RWE Innogy, Germany, (belonging to the RWE group, Germany), RheinEnergie, Germany, Stadtwerke München, Germany and MAN Ferrostaal, Germany (controlled by International Petroleum Investment Company (‘IPIC’), United Arab Emirates) acquire within the meaning of Article 3(1)(b) of the Council Regulation joint control of Marquesado Solar, Spain by way of purchase of shares.

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






  — | for undertaking RWE Innogy: Electricity from renewable energies, |
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2.

The business activities of the undertakings concerned are:

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for undertaking RWE Innogy: Electricity from renewable energies,

| — | for undertaking RheinEnergie: Production and supply of electricity, natural gas, water in the Cologne region in Germany, |
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for undertaking RheinEnergie: Production and supply of electricity, natural gas, water in the Cologne region in Germany,

| — | for undertaking Stadtwerke München: Production and supply of electricity, natural gas, water in the Munich region in Germany; public transport in the Munich region, |
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for undertaking Stadtwerke München: Production and supply of electricity, natural gas, water in the Munich region in Germany; public transport in the Munich region,

| — | for undertaking MAN Ferrostaal: Development and building of industrial plants and related services, |
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for undertaking MAN Ferrostaal: Development and building of industrial plants and related services,

| — | for undertaking Marquesado Solar: Solar thermal power plant for the production of electricity in Southern Spain. |
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for undertaking Marquesado Solar: Solar thermal power plant for the production of electricity in Southern 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. 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 2964301 or 2967244) or by post, under reference number COMP/M.5515 — RWE Innogy/Rheinenergie/Stadtwerke München/Man Ferrostaal/Marquesado Solar, to the following address:





  European Commission |
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| Directorate-General for Competition |
| Merger Registry |
| J-70 |
| 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 2 2964301 or 2967244) or by post, under reference number COMP/M.5515 — RWE Innogy/Rheinenergie/Stadtwerke München/Man Ferrostaal/Marquesado Solar, to the following address:

European Commission

Directorate-General for Competition

Merger Registry

J-70

1049 Bruxelles/Brussel

BELGIQUE/BELGIË

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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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