Commission Decision of 28/08/2012 declaring a concentration to be compatible with the common market (Case No COMP/M.6669 - CDC INFRASTRUCTURE / FORESIGHT SOLAR / ADENIUM SOLAR / VEI CAPITAL / FOR VEI) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic)
|EUROPEAN COMMISSION | Brussels, 28/08/2012 SG-Greffe(2012) D/ C(2012)6078 PUBLIC VERSION SIMPLIFIED MERGER PROCEDURE To the notifying parties: | | Dear Madam(s) and/or Sir(s), Subject: Case No COMP/M.6669 - CDC INFRASTRUCTURE/ FORESIGHT SOLAR/ ADENIUM SOLAR/ VEI CAPITAL/ FOR VEI Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 [1] 1. On 06/07/2012, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the CDC Infrastructure ("CDC Infrastructure", France) - a wholly owned subsidiary of Caisse des Dépôts et Consignations ("CDC", France), Foresight Solar VCT PLC ("Foresight Solar", UK), Adenium Solar Energy Company Limited ("Adenium Solar", British Virgin Islands) and Venice European Investment Capital S.p.A. ("VEI Capital", Italy) controlled by Sparta Holding S.p.A. ("Sparta", Italy) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of ForVEI S.r.l ("ForVEI", Italy) by way of purchase of shares. 2. The business activities of the undertakings concerned are: - for CDC Infrastructure / CDC : investment in infrastructure assets; - for Foresight Solar : investment in companies that seek to generate solar electricity; - for Adenium Solar : investment in companies active in clean energy and alternative energy-related sectors; - for VEI Capital : investment in companies active in different sectors; - for ForVEI : photovoltaic electricity generation 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(c) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [2] . 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 [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 C 56, 5.3.2005, p. 32.