Brussels, 19/01/2007 (Agence Europe) - On Friday evening at the time of going to press, the Commission had still not received an official response from the Spanish authorities to the letter of 20 December, which rejected the conditions imposed by Madrid on the proposed acquisition of Endesa by E.ON as being incompatible with Community law (see EUROPE 9332). According to sources quoted in the Spanish press, the government has no intention whatsoever of removing these conditions, which include a ban on selling Endesa's Balearic and Canary Islands shares and exporting gas to foreign markets. Speaking to the press at lunchtime on Friday, the spokesman for Competition Commissioner Neelie Kroes said that “to the best of my knowledge, as at 12 o'clock, the Commission had not yet received this reply”. He did not comment on press speculations, but pointed out that, if the conditions were not removed before midnight on Friday, 19 January, “we have the option to open an infringement procedure. … The Commission has a duty to uphold Community law”. Even if the case went before the Court of Justice, the acquisition would not be compromised, since the buyer has already accepted the conditions imposed. However, the Commission has to take action against measures, not compatible with Community competition law, through which Member States seek to protect their national companies. (cd)