Press Release: Mergers: Commission informs Spain of preliminary assessment that Spanish authorities’ measures on proposed merger Enel/Acciona/Endesa violate EC law

The European Commission has informed the Spanish Government of its preliminary conclusion that Spain has violated Article 21 of the EU Merger Regulation in that certain conditions imposed on Enel and Acciona for their proposed acquisition of control over Endesa may be incompatible with EC law. The Commission refers in particular to the conditions imposed by the National Energy Commission ('CNE') in its decisions of 26 April (as partially modified by the Minister of Industry on 30 August 2007) and of 4 July 2007. Spain has 30 days from the date of the notification of the Commission’s preliminary assessment in which to express its views.