Press Release: Mergers: Commission opens infringement procedure against Spain for not lifting conditions imposed by CNE on acquisition of Endesa by Enel and Acciona

The European Commission formally requested Spain to explain why it has not withdrawn the conditions imposed by the Spanish Energy Regulator (CNE), as modified by the decision of the Spanish Minister of Industry and Tourism of 19 October 2007. The Commission declared the conditions to be contrary to EU law in a decision adopted on 5 December 2007 under Article 21 of the EU Merger Regulation (see IP/07/1858). The request takes the form of a 'letter of formal notice', which is the first step of infringement proceedings under Article 226 of the EC Treaty. If there is no satisfactory reply within 15 working days, the Commission may issue a formal request to Spain to comply with its decision. This request would be in the form of a ‘reasoned opinion’, the second stage of infringement proceedings.