CELEX: 32016M8165
Language: en
Date: 2016-10-05 00:00:00
Title: Commission Decision of 05/10/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8165 - ENECO / ELICIO / NORTHER JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 5.10.2016
                                        C(2016) 6505 final

                                        [pic]

                                        [pic]

                                        To the notifying parties

Dear Sirs,

Subject:    Case M.8165 – ENECO / ELICIO / NORTHER JV
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1] and Article 57 of the Agreement on the
         European Economic Area[2]

 1. On 12/09/2016, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger  Regulation  by
    which Eneco Wind Belgium NV ("EWB", Belgium) belonging to the Eneco group and Elnu NV ("Elnu", Belgium)  controlled  by  Nethys  SA  acquire
    within the meaning of Article 3(4) of the Merger Regulation joint control of a new  full-function  joint  venture,  Norther  NV  ("Norther",
    Belgium).[3]

 2. The business activities of the undertakings concerned are:

      – EWB is active in Belgium in the production of electricity  from  wind  energy.  EWB  participates  in  and  manages  both  "onshore"  and
        "offshore" wind farm projects. For onshore wind farms, EWB is active at both the  development  stage  and  the  exploitation  stage,  for
        offshore wind farms, EWB is in Belgium currently only active at the development stage.

      – Elnu is a 100% subsidiary of Elicio NV ("Elicio"). In Belgium, Elicio (through its subsidiaries) generates electricity  from  operational
        onshore wind farms and is developing various projects relating to the production of biomass and  wind  energy  (including  offshore  wind
        farms). Elicio is a subsidiary of Nethys SA.

      – Norther NV will own, operate and maintain a wind farm located in the North Sea.

 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) and (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

                                                                                                                          -----------------------
[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 345, 21.09.2016, p. 11.
[4]   OJ C 366, 14.12.2013, p. 5.

-----------------------

                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE