62007CJ0196_EN
Subject of the case
Operative part
Subject of the case
Re:
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
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 .