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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 April, 2006
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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New York, 6 April 2006.- Endesa (NYSE: ELE) filed the following communication
under Item 3(b)(2) of a SC14D9/A form on April 4, 2006:
Item 3. Past Contacts, Transactions, Negotiations and Agreements
Item 3(b)(2) is hereby amended and supplemented by adding the following:
In connection with Endesa's lawsuit against Gas Natural in the United States
District Court for the Southern District of New York, the court scheduled a
hearing on Endesa's motion for a preliminary injunction for March 27, 2006 and
ordered that all discovery be completed by such date. On March 15, 2006, Endesa
voluntarily withdrew its motion for a preliminary injunction, and on March 29,
2006, the court approved a joint stipulation by Endesa and Gas Natural to stay
the action for 45 days. Endesa's claims remain pending before the court.
"In connection with the claim, filed by Endesa with Madrid Commercial Court No.
3 on November 25, 2005, that the asset sale agreement between Gas Natural and
Iberdrola violates EC competition law, on March 21, 2006, the court ordered a
temporary injunction against the carrying out of the Gas Natural Offer and
performance of the asset sale agreement. The court conditioned the injunction on
Endesa depositing a (euro)1 billion bank guarantee to cover possible losses and
damages arising from the injunction. On April 4, 2006, Endesa deposited the bank
guarantee, and the court declared the temporary injunction effective."
For additional information please contact Alvaro Perez de Lema, North
America Investor Relations Office,
Telephone # 212 750 7200
http://www.endesa.es
* 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.
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: April 6th , 2006 By: /s/ Alvaro Perez de Lema
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Name: Alvaro Perez de Lema
Title: Manager of North America Investor
Relations