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.