CELEX: 32014M7295
Language: en
Date: 2014-08-05 00:00:00
Title: Commission Decision of 05/08/2014 declaring a concentration to be compatible with the common market (Case No COMP/M.7295 - PARKWIND / ASPIRAVI OFFSHORE / SUMMIT RENEWABLE ENERGY NORTHWIND / NORTHWIND) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |
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                                        Brussels, 5.8.2014
                                        C(2014) 5743 final

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|To the notifying parties:                                          |                                                                   |
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Dear Madam(s) and/or Sir(s),

Subject:    Case M.7295 – PARKWIND/ ASPIRAVI OFFSHORE/ SUMMIT RENEWABLE ENERGY NORTHWIND/ NORTHWIND
         Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004[1]

   1. On 10.07.2014, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation  by
      which the undertakings Parkwind NV ("Parkwind" of Belgium), Aspiravi Offshore ("Aspiravi" of Belgium) and Summit Renewable Energy Northwind
      ("Summit" of the UK) will acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of the undertaking Northwind
      NV ("Northwind" of Belgium), by way of purchase of shares.

   2. The business activities of the undertakings concerned are:

      -     Parkwind is an investment and development vehicle of the Korys/Colruyt Group and PMV.  The principal activity  of  the  Korys/Colruyt
           Group is retail of daily consumer goods. PMV is an independent investment company controlled by the Flemish regional government.

      -     Aspiravi is a 100% subsidiary of Aspiravi Holding.  Aspiravi’s only current  activity  is  the  holding  of  a  stake  in  Northwind.
           Aspiravi Holding is indirectly controlled by Belgian municipalities.

      -     Summit was set up as a special-purpose-vehicle for the purpose  of  the  proposed  concentration  and  is  a  wholly  owned  indirect
           subsidiary of Sumitomo Corporation. Sumitomo Corporation is active in operation and construction of wind farms in Japan,  China,  the
           USA and South Africa.

      -     Northwind holds a concession and necessary licences to operate an offshore wind farm of 216 MW  in  the  Belgian  Exclusive  Economic
            Zone in the North Sea.[2]

   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(b) 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

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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]   Publication in the Official Journal of the European Union No C 227, 17.07.2014, p.20.
[3]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE