CELEX: 32021M10243
Language: en
Date: 2021-07-16 00:00:00
Title: Commission Decision of 16/07/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10243 - HANSEWERK / EDF / IPP / EARH / HYPION JV) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                               Brussels, 16.7.2021
                                                               C(2021) 5438 final
                                                                               PUBLIC VERSION
                                                               HanseWerk AG,
                                                               Schleswag-HeinGas-Platz 1
                                                               25450 Quickborn
                                                               Germany
                                                               EDF Deutschland GmbH,
                                                               Friedrichstraße 94
                                                               10117 Berlin
                                                               Germany
                                                               IPP Projects GmbH,
                                                               Lübecker Straße 1 – Alstertower
                                                               22087 Hamburg
                                                               Germany
                                                               Entwicklungsagentur Region Heide
                                                               AöR
                                                               Hamburger Hof 3
                                                               25746 Heide
                                                               Germany
Subject:        Case M. 10243 — HanseWerk/EDF/IPP/EARH/Hypion JV
                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 23 June 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings HanseWerk AG (“HAW”, Germany), controlled by E.ON SE
        (Germany), EDF Deutschland GmbH (Germany), a subsidiary of EDF S.A. (“EDF”,
        France), IPP Projects GmbH (“IPP”, Germany), a subsidiary of Possel & Koselowske
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’).
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---    Holding GmbH (Germany), part of the IPP Group (Germany), and
   Entwicklungsagentur Region Heide AöR (“EARH”, Germany), acquire within the
   meaning of Article 3(1)(b) and Article 3(4) of the Merger Regulation joint control
   over the whole of the undertaking Hypion GmbH (“Hypion”, “the JV”, Germany) by
   way of purchase of shares.3
2. The business activities of the undertakings concerned are:
       for HAW: operates energy grids which supply electricity, gas or heat and offers
        energy solutions with a focus on grid operation and decentralised energy
        generation in Northern Germany,
       for EDF: electricity production, wholesale, trading and supply, as well as being
        active in the gas and energy services markets, the construction, operation, and
        maintenance of electrical plants and power networks, and provision of waste
        recycling and energy services,
       for IPP: part of a Group that is active in the areas of planning, consulting, design,
        assessment, construction management and project coordination for all areas of
        environmental protection in construction and process engineering,
       for EARH: an institution under German public law founded by the city of Heide
        and eleven other municipalities near Heide, Northern Germany that develops and
        implements concepts aimed at developing housing, economy and trade (including
        the creation of jobs in the renewable energy sector), retail, public transport,
        schooling, social infrastructure, landscape and recreation,
       for the JV: developing and selling projects in the field of green hydrogen and
        other industrial gases produced from green hydrogen in the North of Germany.
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
   paragraphs 5(a) and 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)
                                                            Olivier GUERSENT
                                                            Director-General
3  Publication in the Official Journal of the European Union No C 266, 6.7.2021, p. 5.
4  OJ C 366, 14.12.2013, p. 5.
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