Endesa (NYSE:ELE)
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Endesa (NYSE:ELE) has requested that the European
Commission assume jurisdiction over the Endesa/Gas Natural
concentration operation pursuant to article 5 of EU regulation
governing concentrations between undertakings and the Commission
Notice on Calculation of Turnover published in Official Journal 66 on
March 2, 1988.
Endesa considers that the take-over bid launched by Gas Natural is
a concentration between undertakings of community dimension. In
accordance with accounting principles currently in force and the
interpretation criteria established by the Commission, the financial
information published by the Company for last year shows that Endesa's
turnover gives the concentration a community dimension under current
regulations governing concentrations. The parties involved, Endesa and
Gas Natural, together have a global turnover of over Euro 5 billion
and each generates turnover of over Euro 250 million within the
European Union. Based on this criteria, the operation can be deemed to
be of "community interest" and should fall under Community
jurisdiction. Neither can the concentration be deemed an exception to
the general rule, as no more than two-thirds of Endesa's turnover in
the EU is generated in any member state. Endesa's turnover in Spain
does not exceed 66.6% of its community turnover.
* This document may contain certain forward-looking statements
regarding anticipated financial and operating results and statistics
that are subject to risks and uncertainties as well as to material
risks, changes and other factors which may be difficult to predict,
including, without limitation, those factors described in the
Documento de Registro de Acciones of Endesa filed within the Comision
Nacional del Mercado de Valores and in the Form 20-F of Endesa filed
within the Securities and Exchange Commission, both for the fiscal
year ended December 31, 2004. For all of these forward-looking
statements, we claim the protection of the safe harbour for
forward-looking statements contained in the Private Securities
Litigation Reform Act of 1995.