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,  6.9.2021  
C(2021) 6631 final  
PUBLIC VERSION 
RAG- Stiftung 
Im Welterbe 10  
45141 Essen  
Germany 
 
Open Grid Europe GmbH  
Kallenbergstraße 5  
45141 Essen  
Germany 
Subject : Case M. 10377 – RAG -STIFTUNG / OPEN GRID EUROPE / H2UB  
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 12 August 2021, the European Commission received notification of a proposed 
concen tration pursuant to Article 4 of the Merger  Regulation by which the 
undertakings RAG Stiftung (‘RAGS’, Germany) and Open Grid Europe GmbH 
(‘OGE’, Germany), which is controlled by Vier Gas Holdings S.à.r.l. (Luxembourg),  
acquire within the meaning of Artic le 3(1)(b) and 3(4) of the Merger Regulation joint 
control over the whole of the undertaking H2UB GmbH (‘H2UB’, Germany) by way 
of purchase of shares .3 
2. The business activities of the undertakings concerned are:  
− for RAGS:  active worldwide in financing the perpetual obligations left behind by 
the German hard coal industry and acquisition and management of direct or 
indirect interests in entities in accordance with this goal, including shareholdings 
in the speciality chemicals company Evonik Industries AG and in the housing 
provider Vivawest GmbH,  
                                                 
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 334, 20.8.2021, p. 22- 23. 

2 − for OGE : primarily active in Germany, amongst others in the  operation of a 
natural gas pipeline network in Germany, as well as in consulting services 
concerning a transformation to hydrogen usage via its jointly-cont rolled 
subsidiary evety GmbH,  
− for H2UB: will be primarily active in Germany in management consulting 
services for start -ups in the hydrogen industry and organization and management 
of hydrogen related business events.  
3. 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(a) & 5(c) of the Commission Notice on a simplified procedure for 
treatment of certain concentrations under Council Regulat ion (EC) No  139/2004.4 
4. 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 Agreement . 
For the Commission  
 
 
(Signed)  
Olivier GUERSENT  
Director -General  
 
                                                 
4  OJ C 366, 14.12.2013, p. 5.