CELEX: 32015M7589
Language: en
Date: 2015-07-28 00:00:00
Title: Commission Decision of 28/07/2015 declaring a concentration to be compatible with the common market (Case No COMP/M.7589 - RWE / VSE) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)

|[pic]                             |EUROPEAN COMMISSION                                                                                      |

                                        Brussels, 28.07.2015
                                        C(2015) 5406 final

                                        [pic]

                                        |To the notifying party:                                                |                                                                       |

Dear Sirs,

Subject:    Case M.7589 – RWE/ VSE
         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 2 July 2015, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation  by
    which the undertaking RWE AG ('RWE', Germany) indirectly acquires within the meaning of  Article  3(1)(b)  of  the  Merger  Regulation  sole
    control of the undertaking Východoslovenská energetika Holding a.s. ('VSE', Slovak Republic) by way of a change in VSE's existing  corporate
    governance structure. [3]

 2. The business activities of the undertakings concerned are:

      -     for RWE : the generation and trade of electricity, the supply and distribution of gas as well as the trading of energy in various  EU
           countries.

      -     for VSE : the retail supply and distribution of electricity within the Slovak Republic.

 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(d) 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)
                                        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]   OJ L 1, 3.1.1994, p. 3 ("the EEA Agreement").

[3]   Publication in the Official Journal of the European Union No C 225, 10.7.2015, p. 6.

[4]   OJ C 366, 14.12.2013, p. 5.

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                                                                  PUBLIC VERSION

                                                           SIMPLIFIED MERGER PROCEDURE