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.

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 .