CELEX: 32021M10558
Language: en
Date: 2021-12-06 00:00:00
Title: Commission Decision of 06/12/2021 declaring a concentration to be compatible with the common market (Case No COMP/M.10558 - COGENIO / AVIO / TERMICA COLLEFERRO) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

EUROPEAN COMMISSION
                                                                Brussels, 6.12.2021
                                                                C(2021) 9110 final
                                                                                 PUBLIC VERSION
                                                                Cogenio S.R.L.
                                                                Viale Di Tor Di Quinto, 45/47
                                                                00191 – Rome
                                                                Italy
                                                                Avio S.p.A
                                                                Via Leonoda Bissolati, 76
                                                                00187 – Rome
                                                                Italy
Subject:        Case M.10558 – COGENIO / AVIO / TERMICA COLLEFERRO
                Commission decision pursuant to Article 6(1)(b) of Council Regulation
                                        1
                (EC) No 139/2004 and Article 57 of the Agreement on the European
                                    2
                Economic Area
Dear Sir or Madam,
1.      On 12 November 2021, the European Commission received notification of a proposed
        concentration pursuant to Article 4 of the Merger Regulation by which the
        undertakings Cogenio S.r.l. (“Cogenio”, Italy), belonging to the M&G group, and
        Avio S.p.A. (“Avio”, Italy) acquire within the meaning of Articles 3(1)(b) and 3(4) of
        the Merger Regulation joint control over the whole of the undertaking Termica
        Colleferro S.p.A. (“Termica Colleferro”, Italy) by way of purchase of shares.3
2.      The business activities of the undertakings concerned are:
        −     Cogenio operates in the field of plant engineering and services related to the
              production, distribution and use of electrical energy, heating, steam and cooling
              systems and energy efficiency systems. It develops energy efficiency projects for
              Italian commercial and industrial groups, through cogeneration, trigeneration,
              photovoltaic and energy storage projects,
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 467, 19.11.2021, p. 8.
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---    −    Avio is active in the aerospace industries. It develops and sells launching systems
        and tactic missiles and is active in the research and development of new materials
        and equipment for space applications,
   −    Termica Colleferro is active in the energy sector, namely in the electricity and
        thermic energy production. It holds and operates a cogeneration plant in Italy.
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 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
4  OJ C 366, 14.12.2013, p. 5.
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