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.
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