CELEX: 32019M9438
Language: en
Date: 2019-08-23 00:00:00
Title: Commission Decision of 23/08/2019 declaring a concentration to be compatible with the common market (Case No COMP/M.9438 - MIROVA S.A. / ENGIE / PSFV PALMA DEL RIO S.L.) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 23.8.2019
                                                                C(2019) 6258 final
                                                                                 PUBLIC VERSION
                                                                To the notifying parties
Subject:        Case M.9438 – ENGIE / BPCE GROUP / PSFV PALMA DEL RIO
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                       1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 31 July 2019, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings ENGIE Group ("ENGIE", France), and Mirova Eurofideme 4
        ("Mirova"), controlled by BPCE Group (France), acquire within the meaning of
        Article 3(1)(b) and 3(4) of the Merger Regulation joint control of the whole of PSFV
        Palma del Rio S.L. (the "Target") (Spain), currently controlled by ENGIE, by way of
        purchase of shares.3
2.      The business activities of the undertakings concerned are:
             ENGIE is a French company active in the field of gas, electricity and energy
              services.
             Mirova focuses on responsible investment managing funds for institutional
              investors in various asset classes, like renewable energy and core infrastructures,
              sustainable equities and green bonds. Mirova is ultimately controlled by BPCE
              Group, a French banking group active in the banking and insurance sectors.
             The Target: holds a photovoltaic power production plant in Palma del Rio, in
              Spain which is under construction, with a combined total capacity of around 50
              MW.
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 265, 7.8.2019, p. 4.
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.
 ---pagebreak--- 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(c) of the Commission Notice on a simplified procedure for treatment of
   certain concentrations under Council Regulation (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)
                                                  Johannes LAITENBERGER
                                                  Director-General
4  OJ C 366, 14.12.2013, p. 5.
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