CELEX: 62007CJ0196
Language: en
Date: 2008-03-06
Title: Judgment of the Court (Third Chamber) of 6 March 2008. # Commission of the European Communities v Kingdom of Spain. # Failure of a Member State to fulfil obligations - Competition policy - Concentrations - Failure to comply with obligations imposed by the Commission - E.ON/Endesa. # Case C-196/07.

Judgment of the Court (Third Chamber) of 6 March 2008 – 
      Commission v Spain
      (Case C‑196/07)
      (Failure of a Member State to fulfil obligations – Competition policy – Concentrations – Failure to comply with obligations imposed by the Commission – E.ON/Endesa
      1.                     Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see paras 25-26)
      2.                     Actions for failure to fulfil obligations – Subject-matter of the dispute – Determined by the reasoned opinion – Time-limit
            communicated to the Member State – Default subsequently remedied – Interest in continuing the proceedings – Possible liability
            of the Member State (Art. 226 EC) (see paras 27-28)
      3.                     Actions for failure to fulfil obligations – Failure to comply with a Commission decision relating to a concentration – Defences
            – Absolute impossibility of implementation – Criteria for assessment – Difficulties in implementing – Obligation on the Commission
            and the Member State to cooperate in seeking a solution consistent with the Treaty (Arts 10 EC and 226 EC) (see para. 30)
      4.                     Actions for failure to fulfil obligations – Failure to comply with a Commission decision relating to a concentration – Defences
            – Legality of the decision called in question – Inadmissibility – Limits – Non-existent measure (Arts 226 EC, 227 EC, 230
            EC and 232 EC) (see paras 34-38)
      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
      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.