WRITTEN QUESTION E-3226/00 by Luis Berenguer Fuster (PSE) to the Commission. Mergers in Spain and use of the golden shareholding by the government.
Date: 2000-10-17
Institutions: European Parliament, Provisional data
Subjects: Spain, electrical industry, merger

6.6.2001

EN

Official Journal of the European Communities

C 163 E/63

(2001/C 163 E/062)

WRITTEN QUESTION E-3226/00

by Luis Berenguer Fuster (PSE) to the Commission

(17 October 2000)

Subject: Mergers in Spain and use of the (cid:145)golden shareholding(cid:146) by the government

Following the announcement of the merger between the two main electricity companies in Spain, Endesa
and Iberdrola, which seems to enjoy government approval, there has been speculation that the purpose of
the merger was to prevent Iberdrola being acquired by a foreign competitor. The government has a (cid:145)golden
shareholding(cid:146) in Endesa but not in Iberdrola.

Does the Commission think it appropriate for the Spanish Government to extend its (cid:145)golden shareholding(cid:146)
to the company produced by the merger between Endesa and Iberdrola? Will the Commission take any
steps to prevent this from happening?

Answer given by Mr Bolkestein on behalf of the Commission

(4 December 2000)

The Commission has not officially been informed that the Spanish Government is to extend the (cid:145)golden
shareholding(cid:146) to the company to be created by the proposed merger between Endesa and Iberdrola.
Therefore, it would be premature for the Commission to comment on this matter.

As far as the special rights or (cid:145)golden shares(cid:146) that the government holds in Endesa are concerned, they
reflect the rights stipulated in the Spanish Law No 5/1995 of 23 March, the privatisation framework law.
As the Honourable Member is aware (see Written Question E-1944/00 (1) by the Honourable Member) the
Commission opened infringement proceedings against Spain concerning the above law and following the
reasoned opinion delivered in July 1999, decided on 5 July 2000 to refer the matter to the Court of
Justice.

(1) OJ C 72 E, 6.3.2001, p. 153.

(2001/C 163 E/063)

WRITTEN QUESTION E-3230/00

by Raffaele Costa (PPE-DE) to the Council

(20 October 2000)

Subject: Possible discrimination against religious groups

Like all other Community countries, Italy has undertaken to respect freedom of worship and religion.
However, new forms of discrimination have started to appear in various quarters threatening to restrict
these freedoms.

In one European country with a highly-developed legal tradition, a new offence of (cid:145)brainwashing(cid:146) was
recently introduced under the penal code, which also gives the government the power to decree officially
which groups should be designated (cid:145)sects(cid:146). Members of these groups have already been convicted of
offences on more than one occasion. In some cases, investigations have been opened and pursued before it
has even been clearly determined what crimes or offences may have been committed.

Has the Council already adopted liberal provisions to provide protection for the right to freedom of
worship and religion, or will it adopt them to meet the needs of this new situation?

Reply

(26 February 2001)

The Council would point out that, in accordance with Article 5, first paragraph, of the TEC, the
1.
Community acts within the limits of the powers conferred upon it and of the objectives assigned to it
by the Treaty. Moreover,
the Community may only take action in accordance with the principle
of subsidiarity (Article 5, second paragraph, of the TEC). Moreover, the Council considers in general
that questions relating to criminal law should, when raised at Union level, be dealt with under Title VI of
the TEU.