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Document 62013CJ0576
Commission v Spain
Commission v Spain
Judgment of the Court (Sixth Chamber) of 11 December 2014 –
Commission v Spain
(Case C‑576/13) ( 1 )
‛Failure of a Member State to fulfil obligations — Article 49 TFEU — Freedom of establishment — Dock-work undertakings — Management of workers for the provision of cargo-handling services — Prohibition on using workers on the employment market’
Freedom of establishment — Restrictions — National legislation obliging cargo-handling undertakings operating in ports of general interest to register with the Dockers’ Management Public Limited Liability Company and laying down restrictions concerning the recruitment of their workers — Unlawful — Justification — Protection of workers — No guarantee of safety in port waters (Art. 49 TFEU) (see paras 37, 38, 48-58, operative part)
Operative part
The Court:
|
1. |
Declares that, by obliging undertakings of other Member States wishing to exercise the activity of cargo-handling in Spanish ports of general interest, first, to register with the Dockers’ Management Public Limited Liability Company (‘Sociedad Anónima de Gestion de Estibadores Portuarios’) and, as appropriate, to hold shares in that company and, secondly, to employ as a priority workers provided by that company, including a minimum number on permanent contracts, the Kingdom of Spain has failed to fulfil its obligations under Article 49 TFEU; |
|
2. |
Orders the Kingdom of Spain to pay the costs. |
( 1 ) OJ C 24, 25.1.2014
Judgment of the Court (Sixth Chamber) of 11 December 2014 –
Commission v Spain
(Case C‑576/13) ( 1 )
‛Failure of a Member State to fulfil obligations — Article 49 TFEU — Freedom of establishment — Dock-work undertakings — Management of workers for the provision of cargo-handling services — Prohibition on using workers on the employment market’
Freedom of establishment — Restrictions — National legislation obliging cargo-handling undertakings operating in ports of general interest to register with the Dockers’ Management Public Limited Liability Company and laying down restrictions concerning the recruitment of their workers — Unlawful — Justification — Protection of workers — No guarantee of safety in port waters (Art. 49 TFEU) (see paras 37, 38, 48-58, operative part)
Operative part
The Court:
|
1. |
Declares that, by obliging undertakings of other Member States wishing to exercise the activity of cargo-handling in Spanish ports of general interest, first, to register with the Dockers’ Management Public Limited Liability Company (‘Sociedad Anónima de Gestion de Estibadores Portuarios’) and, as appropriate, to hold shares in that company and, secondly, to employ as a priority workers provided by that company, including a minimum number on permanent contracts, the Kingdom of Spain has failed to fulfil its obligations under Article 49 TFEU; |
|
2. |
Orders the Kingdom of Spain to pay the costs. |
( 1 ) OJ C 24, 25.1.2014