Osborne Clarke and BonelliErede respectively advised Engie EPS and FCA Italy S.p.A. (a wholly owned subsidiary of Stellantis) in the signing of the full set of agreements, including the investment and shareholders’ agreement, relating to the acquisition by FCA Italy S.p.A. of the joint control of a Newco, to which ENGIE EPS transferred its e-mobility business. These agreements were executed in furtherance of the Memorandum of Understanding announced on 12 November 2020.
Partners Antonio Fugaldi and Giuliano Lanzavecchia, with associate Chiara Carioti, advised on the corporate and commercial aspects and in particular the preparation of the shareholders agreement, the investment agreement and all the contractual documentation. Partner Stefano Lava, advised on employment law aspects, while partner Enrico Fabrizi, and senior associate Valeria Veneziano, advised on the initial Antitrust issues. Issues regarding intellectual property in the patent and know-how licences were managed by partner Federico Ferrara and senior associate Marialaura Boni.
Engie EPS’ internal legal department team was led General Counsel Roberta Romano with Francesca Sorgoni and Giorgia Carol Byrne.
BonelliErede advised FCA Italy throughout all the phases of the transaction.
The Newco will offer a full suite of innovative services and solutions – such as residential, business and public charging infrastructures, as well as energy charging subscriptions and Vehicle-to-Grid technologies – in order to make access to electric mobility easy and economically viable for everyone.
Completion of the transaction is expected to occur in the coming months, subject to satisfying the conditions precedent, including clearance by the competent Antitrust authorities and the Presidency of the Council of Ministers in relation to the golden power aspects.