Press Release: Mergers: Commission opens infringement procedure against Spain for not lifting unlawful conditions imposed by CNE on E.ON’s bid for Endesa

The European Commission has formally requested Spain to explain why the conditions imposed by the Spanish Energy Regulator (CNE) that were declared contrary to Community law have not been withdrawn as requested by a Commission decision adopted on 26 September 2006 under the EU Merger Regulation (see IP/06/1265). The request takes the form of a “letter of formal notice”, the first stage of infringement proceedings under Article 226 of the EC Treaty. If there is no satisfactory reply the Commission may decide to issue a formal request to Spain to withdraw the relevant conditions. This request would be in the form of a ‘reasoned opinion’, the second stage of infringement proceedings.