CELEX: 62007CJ0196
Failure of a Member State to fulfil obligations
Competition policy
Concentrations
Failure to comply with obligations imposed by the Commission
E.ON/Endesa

Failure of a Member State to fulfil obligations – Failure to comply with Article 2 of Commission Decision of 26 September
2006 (Case No COMP/M.4197 – E.ON/Endesa – C(2006) 4279 final) and Article 2 of Commission Decision of 20 December 2006 (Case
No COMP/M.4197 – E.ON/Endesa – C(2006) 7039 final).
Operative part
The Court:
1)         declares that by not withdrawing:
–        the conditions 1 to 6, 8 and 17 imposed by the decision of the National Energy Committee which were declared incompatible
with Community law by Article 1 of the Commission Decision of 26 September 2006 (Case No COMP/M.4197 – E.ON/Endesa – C(2006)
4279 final), and
–        conditions 1, 10, 11 and 15, as amended, imposed by decision of the Ministry of Industry, Tourism and Trade which were declared
incompatible with Community law by Article 1 of the Commission Decision of 20 December 2006 (Case No COMP/M.4197 – E.ON/Endesa
– C(2006) 7039 final),
the Kingdom of Spain has failed to fulfil its obligations under Article 2 of each of those decisions;
2)         Orders the Kingdom of Spain to pay the costs
.