Brussels, 07/03/2007 (Agence Europe) - On Wednesday, the European Commission sent a reasoned opinion to Spanish authorities, calling on them to comply with the decisions of 26 September and 20 December 2006 demanding the immediate withdrawal of certain conditions imposed by the Spanish energy sector regulator (CNE) with regard to E.ON's bid for Endesa (see EUROPE 9356).
“It is with regret that the European Commission has decided to send Spain a reasoned opinion because of their failure to comply with these decisions,” Jonathan Todd, spokesman for Competition Commissioner Neelie Kroes told press. Regarding the seven days allowed for Spain to reply, he emphasised that this shorter than usual deadline was deemed sufficient because “Spain has already had ample opportunity to question or implement the Commission's decisions”. The Commission, he said, was determined to enforce a Union based on law, and would not tolerate such infringement of its exclusive competence on cross-border mergers.
If no appropriate response were to be received, Mr Todd said the Commission “would consider whether or not to take Spain to the Court of Justice”, without prejudice to a possible response from Madrid within the timescale, or to the positions of the other members of the European college. (cd)