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Commission refers Endesa case to European Court of Justice

The European Commission has finally decided to refer Spain to the European Court of Justice for failure to comply with the Commission's decisions requiring Spain to withdraw certain conditions concerning E.ON's bid for Endesa. Some of the conditions were imposed by the Spanish Energy Regulator (CNE) in July 2006, others by a Ministerial decision of 3 November 2006. On 26 September 2006, the Commission adopted a decision finding that the CNE's July 2006 decision, which subjected E.ON's bid for Endesa to a number of conditions, breached Article 21 of the EU Merger Regulation. The Commission decision required Spain to withdraw without delay the conditions which had been declared incompatible with EU law.



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