CELEX: 32013M6820
Language: en
Date: 2013-02-27 00:00:00
Title: Commission Decision of 27/02/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6820 - EQT INFRASTRUCTURE II / E.ON ENERGY FROM WASTE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

Important legal notice

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32013M6820

Commission Decision of 27/02/2013 declaring a concentration to be compatible with the common market (Case No COMP/M.6820 - EQT INFRASTRUCTURE II / E.ON ENERGY FROM WASTE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)  

          |EUROPEAN COMMISSION      |
              Brussels, 27.2.2013
             C(2013) 1236 final PUBLIC VERSION
             SIMPLIFIED MERGER PROCEDURE
            To the notifying party:  | |
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             Dear Madam(s) and/or Sir(s),
             Subject: Case No COMP/M.6820 - EQT INFRASTRUCTURE II/ E.ON ENERGY FROM WASTE Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004  [1] 
             1. On 1 February 2013, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which EQT Infrastructure II (“EQT”, The Netherlands), acquires within the meaning of Article 3(1)(b) of the Merger Regulation sole control over E.ON Energy from Waste AG (“EEW”, Germany), currently directly wholly-owned by E.ON SE, by way of a purchase of shares [2]  . 
             2. The business activities of the undertakings concerned are:
              - for EQT: investment fund; 
              - for EEW: private company that owns and/or operates energy from waste plants in Germany, Luxembourg and The Netherlands that, using thermal treatment, convert the energy potential of waste into electricity, district heating and process steam.
             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 [3]  .  
             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.
             For the Commission (signed) Alexander ITALIANER Director General
            [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]  Publication in the Official Journal of the European Union No C 36, 08/02/2013, p.25.
            [3] OJ C 56, 5.3.2005, p. 32.