Keywords
Subject of the case
Operative part
Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see paras 25-26)
2. Actions for failure to fulfil obligations – Subject-matter of the dispute – Determined by the reasoned opinion – Time-limit communicated to the Member State – Default subsequently remedied – Interest in continuing the proceedings – Possible liability of the Member State (Art. 226 EC) (see paras 27-28)
3. Actions for failure to fulfil obligations – Failure to comply with a Commission decision relating to a concentration – Defences – Absolute impossibility of implementation – Criteria for assessment – Difficulties in implementing – Obligation on the Commission and the Member State to cooperate in seeking a solution consistent with the Treaty (Arts 10 EC and 226 EC) (see para. 30)
4. Actions for failure to fulfil obligations – Failure to comply with a Commission decision relating to a concentration – Defences – Legality of the decision called in question – Inadmissibility – Limits – Non-existent measure (Arts 226 EC, 227 EC, 230 EC and 232 EC) (see paras 34-38)
Re:
Failure of a Member State to fulfil obligations – Failure to comply with Article 2 of Commission Decision of 26 September 2006 (Case No COMP/M.4197 – E.ON/Endesa – C(2006) 4279 final) and Article 2 of Commission Decision of 20 December 2006 (Case No COMP/M.4197 – E.ON/Endesa – C(2006) 7039 final).
Operative part
The Court:
1) declares that by not withdrawing:
– the conditions 1 to 6, 8 and 17 imposed by the decision of the National Energy Committee which were declared incompatible with Community law by Article 1 of the Commission Decision of 26 September 2006 (Case No COMP/M.4197 – E.ON/Endesa – C(2006) 4279 final), and
– conditions 1, 10, 11 and 15, as amended, imposed by decision of the Ministry of Industry, Tourism and Trade which were declared incompatible with Community law by Article 1 of the Commission Decision of 20 December 2006 (Case No COMP/M.4197 – E.ON/Endesa – C(2006) 7039 final),
the Kingdom of Spain has failed to fulfil its obligations under Article 2 of each of those decisions;
2) Orders the Kingdom of Spain to pay the costs .