CELEX: 62007CA0196
Language: en
Date: 2008-03-06 00:00:00
Title: Case C-196/07: 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)

26.4.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 107/9
            
         Judgment of the Court (Third Chamber) of 6 March 2008 — Commission of the European Communities v Kingdom of Spain
   (Case C-196/07) (1)
   
   (Failure of a Member State to fulfil obligations - Competition policy - Concentrations - Failure to comply with obligations imposed by the Commission - E.ON/Endesa)
   (2008/C 107/13)
   Language of the case: Spanish
   Parties
   
      Applicant: Commission of the European Communities (represented by: V Di Bucci and E. Gippini Fournier, agents)
   
      Defendant: Kingdom of Spain (represented by: N. Diaz Abad, agent)
   Re:
   Failure of a Member State to fulfil obligations — Failure to comply with Article 2 of the Commission Decision of 26 September 2006 (Case No COMP/M.4197 — E.ON/Endesa — C(2006) 4279 final) and Article 2 of the Commission Decision of 20 December 2006 (Case No COMP/M.4197 — E.ON/Endesa — C(2006) 7039 final)
   Operative part of the judgment
   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
                        
                     
                           —
                        
                        
                           the 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.
            
         
      (1)  OJ C 155, 7.7.2007.