CELEX: 62007CJ0207
Failure of a Member State to fulfil obligations
Articles 43 EC and 56 EC
National law making the acquisition of shareholdings in undertakings which carry on regulated activities in the energy sector and of the assets necessary to carry on those activities subject to prior approval

Failure of a Member State to fulfil obligations – Breach of Articles 43 EC and 56 EC – National law making the acquisition
of certain shareholdings in undertakings which carry on regulated activities in the energy sector subject to prior approval
of a special commission.
Operative part
The Court:
1.
Declares that, by adopting the first indent of the second paragraph of the single article of the fourteenth function of the
National Energy Commission provided for in Supplementary Provision No 11, part 3, point 1, of Law 34/1998 of 7 October 1998
on the hydrocarbon sector (Ley 34/1998, del sector de hidrocarburos), as amended by Royal Decree-Law 4/2006 of 24 February
2006 (Real Decreto-Ley 4/2006), in order to make the acquisition of certain shareholdings in undertakings which carry on certain
regulated activities in the energy sector and the acquisition of the assets necessary to carry on such activities subject
to the prior approval of the National Energy Commission, the Kingdom of Spain has failed to fulfil its obligations under Articles
43 EC and 56 EC;
2.
Orders the Kingdom of Spain to pay the costs.