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Valentina R., lawyer
(Failure of a Member State to fulfil obligations - Competition policy - Concentrations - Failure to comply with obligations imposed by the Commission - E.ON/Endesa)
Language of the case: Spanish
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)
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)
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.