Press Release: Free movement of capital: Commission calls on Spain to apply Court of Justice ruling on law amending functions of Spanish electricity and gas regulator

The European Commission decided to remind Spain of its obligation to comply with a Court of Justice ruling of 17 July 2008, which found that regarding certain provisions of the legislation that extends the powers of the Comisión Nacional de Energía (CNE), in so far as they implement a system of prior administrative approval, Spain had failed to fulfil its obligations under EC Treaty rules on the free movement of capital (Article 56) and the right of establishment. The request for information on Spain’s compliance with the Court ruling takes the form of a ‘letter of formal notice’ under EC Treaty infringement procedures related to compliance with Court of Justice rulings (Article 228).