# C_2011093EN.01002701.xml

| 25.3.2011 | EN | Official Journal of the European Union | C 93/27 |
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25.3.2011

EN

Official Journal of the European Union

C 93/27

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Prior notification of a concentration

(Case COMP/M.6112 — Good Energies/NEIF/NEWCO)

Candidate case for simplified procedure

(Text with EEA relevance)

2011/C 93/15

| 1. | On 17 March 2011, 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 Good Energies II LP (The Channel Islands), ultimately controlled by Avenia AG (‘Avenia’, Switzerland) a company wholly-owned by various members of the Brenninkmeijer family, and NIBC European Infrastructure Fund I CV, (‘NEIF’, The Netherlands) with as ultimate parent company NEW NIB Limited (‘NEW NIB’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of FIWA II Projektgesellschaft mbH (‘FIWA II’), FIWA III Projektgesellschaft mbH (‘FIWA III’) and FIWA II + III Umspannwerk GmbH (‘Umspannwerk GmbH’) through a new holding company, Blue Forrest Solar Holdings BV (‘NewCo BV’), by way of purchase of shares. |
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1.

On 17 March 2011, 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 Good Energies II LP (The Channel Islands), ultimately controlled by Avenia AG (‘Avenia’, Switzerland) a company wholly-owned by various members of the Brenninkmeijer family, and NIBC European Infrastructure Fund I CV, (‘NEIF’, The Netherlands) with as ultimate parent company NEW NIB Limited (‘NEW NIB’, USA) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of FIWA II Projektgesellschaft mbH (‘FIWA II’), FIWA III Projektgesellschaft mbH (‘FIWA III’) and FIWA II + III Umspannwerk GmbH (‘Umspannwerk GmbH’) through a new holding company, Blue Forrest Solar Holdings BV (‘NewCo BV’), by way of purchase of shares.

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






  — | Good Energies/Avenia/Brenninkmeijer family: retail, real estate, financial services and private equity investments, including investments in renewable energies, |
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2.

The business activities of the undertakings concerned are:

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Good Energies/Avenia/Brenninkmeijer family: retail, real estate, financial services and private equity investments, including investments in renewable energies,

| — | NEIF/NEW NIB: financial services, |
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NEIF/NEW NIB: financial services,

| — | FIWA II, FIWA III and Umspannwerk GmbH: generation of photovoltaic energy. |
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FIWA II, FIWA III and Umspannwerk GmbH: generation of photovoltaic energy.

| 3. | On preliminary examination, the Commission finds that the notified transaction could fall within the scope of the EC 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 EC Merger Regulation (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 the EC 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 EC Merger Regulation (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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6112 — Good Energies/NEIF/NEWCO, 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 22964301), by email to COMP-MERGER-REGISTRY@ec.europa.eu or by post, under reference number COMP/M.6112 — Good Energies/NEIF/NEWCO, 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 (the ‘EC Merger Regulation’).

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(2)  OJ C 56, 5.3.2005, p. 32 (‘Notice on a simplified procedure’).

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