Commission européenne, DG COMP MERGER REGISTRY, 1049 Bruxelles, BELGIQUE  
Europese Commissie, DG COMP MERGER REGISTRY, 1049 Brussel,   BELGIË  
 
Tel: +32 229 -91111. Fax: +32 229 -64301. E -mail: COMP -MERGER -REGISTRY@ec.europa.eu . 
 
  
 EUROPEAN COMMISSION  
Brussels,  4.1.2023  
C(2023 ) 209 final  
PUBLIC VERSION  
EDF Deuts chland GmbH  
Friedrichstr. 94  
10117 Berlin  
Germany  
 
HAzwei 3.  
Beteiligungsgesellschaft mbH  
Georgstraße 56  
30159 Hannover  
Germany  
Subject : Case M .10937 - EDF DEUTSCHLAND / HAZWEI / HYPION MOTION 
NEUMÜNSTER JV  
Commission decision pursuant to Article 6(1)(b) of Council Regulation 
(EC) No 139/20041 and Article 57 of the Agreement on the European 
Economic Area2  
Dear Sir or Madam,  
1. On 2 Dece mber  2022 , the European Commission received notification of a proposed 
concentration pursuant to Article 4 of the Merger Regulation , by which EDF 
Deutschland GmbH  (‘EDF Deutschland’, Germany), a part of the EDF G roup (‘EDF’, 
France ), and HAzwei 3. Beteiligungsgesellschaft  mbH (‘HAzwei’, Germany), a part 
of the E.ON  Group  (‘E.ON ‘, Germany ), will acquire within the meaning of 
Article  3(1)(b)  and 3(4)  of the Merger Regulation joint control of a newly created 
company Hypion Motion Neumünster GmbH & Co. KG  (‘Target JV’, Germany ), by 
way of purchase of shares .3 
                                                 
1 OJ L 24, 29.1.2004, p. 1 ( the ‘Merger Regulation ’). With effect from 1 December 2009,  the Treaty on 
the Functioning of the European Union ( ‘TFEU ’) has introduced certain changes, such as the 
replacement of ‘Community ’ by ‘Union ’ and ‘common market ’ by ‘internal market ’. The terminology 
of the TFEU will be used throughout this decision.  
2  OJ L 1, 3.1.1994, p . 3 (the ‘EEA Agreement ’). 
3  Publication in the Official Journal of the European Union No C 471, 12.12.2022 , p. 15. 

 
2 2. The business activities of the undertakings concerned  are the following : 
 HAzwei holds equity interests for its parent HAzwei GmbH, the latter being 
active in the development of projects concerning the production and 
distribution of hydrogen. E.ON´s activities are generally focussed on two main 
business areas: (i) energy network s and (ii) customer solutions (including 
electricity and gas retail supply , 
 EDF is mainly active in France and abroad in the electricity markets, and, in 
particular, in electricity production and wholesale supply, trading, 
transmission, distribution and re tail supply. To a lesser extent, the EDF Group 
is also active in the wholesale supply of gas and in the provision of energy 
services . 
3. The business activities of the Target JV will be the purchase of hydrogen and its sale 
via a hydrogen refuelling station l ocated in Neumünster, Northern Germany .  
4. After examination of the notification, the European Commission has concluded that 
the notified operation falls within the scope of the Merger  Regulation  and of 
paragraph 5 (c) of the Commission Notice on a simplified  procedure for treatment of 
certain concentrations under Council Regulation (EC) No 139/2004 .4 
5. For the reasons set out in the Notice on a simplified procedure, the European 
Commission has decided not to oppose the notified operation and to declare it 
compatible with the internal market and with the EEA Agreement. This decision is 
adopted in application of Article 6(1)(b) of the Merger  Regulation  and Article 57 of 
the EEA Agre ement . 
For the Commission  
 
 
(Signed)  
Olivier GUERSENT  
Director -General  
                                                 
4  OJ C 366, 14.12.2013, p. 5 .