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FORM 6-K
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Report of Foreign Issuer
Pursuant to Rule 13a-16 or 15d-16 of
the Securities Exchange Act of 1934
For the month of October, 2005
Commission File Number: 333-07654
ENDESA, S.A.
(Translation of Registrant's Name into English)
Ribera del Loira, 60
28042 Madrid, Spain
(Address of principal executive office)
Indicate by check mark whether the registrant files or will file
annual reports under cover of Form 20-F or Form 40-F:
Form 20-F X Form 40-F
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Indicate by check mark if the registrant is submitting the Form 6-K
in paper as permitted by Regulation S-T Rule 101(b)(1):
Yes No X
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Indicate by check mark if the registrant is submitting the Form 6-K
in paper as permitted by Regulation S-T Rule 101(b)(7):
Yes No X
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Indicate by check mark whether by furnishing the information contained in this
Form, the Registrant is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934:
Yes No X
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If "Yes" is marked, indicate below the file number assigned to the registrant
in connection with Rule 12g3-2(b): N/A
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RELEVANT FACT
New York, October 13, 2005.- Endesa (NYSE: ELE) has informed the U.S. Securities
and Exchange Commission (SEC) of La Caixa's possible failure to comply with
several obligations imposed by the U.S. federal securities laws as a result of
La Caixa's significant stakes in Endesa and Repsol YPF, including the obligation
to promptly report its plans with respect to those companies, whose shares are
listed in the form of ADRs on the New York Stock Exchange. In addition, La Caixa
may have neglected its obligations to the U.S. investor market by omitting to
file with the SEC its public statements with respect to the tender offer by Gas
Natural for Endesa with La Caixa's support.
Of particular interest is La Caixa's sale of a significant portion of its shares
in Endesa, which may have coincided with the preparatory phase for the tender
offer (two months prior to its public announcement), as this action could have
been perceived by the market as signaling a lack of interest on the part of La
Caixa (and hence Gas Natural) in seeking a business combination between Endesa
and Gas Natural.
Endesa has informed the SEC of the following matters that may constitute a
violation of the U.S. federal securities laws (Securities Exchange Act of 1934):
o La Caixa has never filed a report on Schedule 13D with the SEC, which it
was required to do in respect of its shares in Endesa and Repsol YPF, which
companies are listed in the form of ADRs on the New York Stock Exchange (NYSE)
and in which La Caixa owns or has owned an interest in excess of 5 percent.
o La Caixa has likewise failed to reveal by means of a Schedule 13D its plans
and intentions with respect to the above-mentioned companies, which may include
matters relating to the hostile tender offer by its investee Gas Natural for
Endesa and to the sale of assets of Endesa to Iberdrola the terms of which could
affect Endesa shareholders and remain unknown publicly.
o La Caixa also failed to report to the SEC its plans to take control of
Repsol and replace its chairman and senior management with the goal (as reported
by the press at the time) of supporting transactions set in motion by la Caixa,
among which a possible business combination between Gas Natural and Endesa.
o La Caixa has not informed the market through the SEC of its public
statements and communications with respect to the tender offer by means of
Schedule 14D-9, which is La Caixa is subject to by virtue of its status as a
shareholder of the offeror and its decisive role in the tender offer by Gas
Natural.
o La Caixa has taken significant actions publicly that are inconsistent with
a plan for a business combination between Gas Natural and Endesa, such as
statements by Gas Natural's president and La Caixa's vice president in April
2005 that no business combination with an electricity company was being
considered, as well as La Caixa's disposal of a significant portion of its stake
in Endesa only two months prior to the announcement of the tender offer, actions
that could have influenced third parties' investment decisions in Endesa based
on incorrect assumptions.
For additional information please contact Alvaro Perez de
Lema, North America Investor Relations Office, telephone #
212 750 7200
http://www.endesa.es
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.
ENDESA, S.A.
Dated: October 13th, 2005 By: /s/ Alvaro Perez de Lema
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Name: Alvaro Perez de Lema
Title: Manager of North America Investor
Relations