Back to EUR-Lex homepage

EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search
You are here

Document 62007CJ0207

Judgment of the Court (Third Chamber) of 17 July 2008.
Commission of the European Communities v Kingdom of Spain.
Failure of a Member State to fulfil obligations - Articles 43 EC and 56 EC - National law making the acquisition of shareholdings in undertakings which carry on regulated activities in the energy sector and of the assets necessary to carry on those activities subject to prior approval.
Case C-207/07.

European Court Reports 2008 I-00111*

ECLI identifier: ECLI:EU:C:2008:428





Judgment of the Court (Third Chamber) of 17 July 2008 – Commission v Spain

(Case C‑207/07)

Failure of a Member State to fulfil obligations – Articles 43 EC and 56 EC – National law making the acquisition of shareholdings in undertakings which carry on regulated activities in the energy sector and of the assets necessary to carry on those activities subject to prior approval

Freedom of movement for persons – Freedom of establishment – Free movement of capital – Energy law (Arts 43 EC and 56 EC) (see paras 39, 46, 54-55, 58, 62‑63, operative part)

Re:

Failure of a Member State to fulfil obligations – Breach of Articles 43 EC and 56 EC – National law making the acquisition of certain shareholdings in undertakings which carry on regulated activities in the energy sector subject to prior approval of a special commission.

Operative part

The Court:

1.

Declares that, by adopting the first indent of the second paragraph of the single article of the fourteenth function of the National Energy Commission provided for in Supplementary Provision No 11, part 3, point 1, of Law 34/1998 of 7 October 1998 on the hydrocarbon sector (Ley 34/1998, del sector de hidrocarburos), as amended by Royal Decree-Law 4/2006 of 24 February 2006 (Real Decreto-Ley 4/2006), in order to make the acquisition of certain shareholdings in undertakings which carry on certain regulated activities in the energy sector and the acquisition of the assets necessary to carry on such activities subject to the prior approval of the National Energy Commission, the Kingdom of Spain has failed to fulfil its obligations under Articles 43 EC and 56 EC;

2.

Orders the Kingdom of Spain to pay the costs.

Top