CELEX: 32016M8232
Language: en
Date: 2016-11-09 00:00:00
Title: Commission Decision of 09/11/2016 declaring a concentration to be compatible with the common market (Case No COMP/M.8232 - DIAMOND OFFSHORE WIND HOLDINGS II / ENECO WIND BELGIUM / ELNU / NORTHER) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 9.11.2016
                                        C(2016) 7303 final

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                                        To the notifying parties:

Subject:    Case M.8232 – Diamond Offshore Wind Holdings II / Eneco Wind Belgium / Elnu / Norther
         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]

Dear Sir or Madam,

 1. On 14/10/2016, 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) controlled by Eneco Holding NV, Elnu NV (Belgium) controlled by Elicio NV, and Diamond Offshore
    Wind Holdings II BV (‘DOWH’, The Netherlands) controlled by Mitsubishi Corporation, acquire within the meaning of  Article  3(1)(b)  of  the
    Merger Regulation joint control of Norther NV (‘Norther’, Belgium) by way of purchase of shares.[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.

       – DOWH is a vehicle set up by Diamond Generating Europe Limited, a 100% subsidiary of Mitsubishi Corporation  (‘MC’).  MC  is  a  Japanese
         company active at global level in various industries. It currently does not have any activities in Belgium in the wind sector.

       – Norther is an existing joint venture between EWB and Elnu. Norther 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) 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

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[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 393, 25.10.2016, p.14.
[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE