The European Commission has informed the Spanish Government of its preliminary conclusion that Spain has violated provisions of the EU Treaty and EU Merger Regulation. Earlier this year, the Commission approved unconditionally the acquisition of joint control of Endesa by Enel and Acciona. However, before the Commission’s decision on the merger, a number of conditions were imposed by the Spanish National Energy Commission (CNE) without prior communication to, or approval by, the Commission. The Commission’s preliminary conclusion is that (i) certain conditions imposed by CNE violate EU rules on free movement of capital, freedom of establishment and free movement of goods, and (ii) CNE interfered with the Commission’s exclusive competence to assess mergers having an EU dimension.