This document is an excerpt from the EUR-Lex website
Document 62017CA0563
Case C-563/17: Judgment of the Court of Justice (Second Chamber) of 27 February 2019 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Associação Peço a Palavra and Others v Conselho de Ministros (Reference for a preliminary ruling — Freedom of establishment — Regulation (EC) No 1008/2008 — Air carrier company — Reprivatisation process — Sale of shares representing up to 61 % of the share capital — Conditions — Requirement to keep the headquarters and effective management in a Member State — Public service obligations — Requirement to maintain and develop the existing national hub)
Case C-563/17: Judgment of the Court of Justice (Second Chamber) of 27 February 2019 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Associação Peço a Palavra and Others v Conselho de Ministros (Reference for a preliminary ruling — Freedom of establishment — Regulation (EC) No 1008/2008 — Air carrier company — Reprivatisation process — Sale of shares representing up to 61 % of the share capital — Conditions — Requirement to keep the headquarters and effective management in a Member State — Public service obligations — Requirement to maintain and develop the existing national hub)
Case C-563/17: Judgment of the Court of Justice (Second Chamber) of 27 February 2019 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Associação Peço a Palavra and Others v Conselho de Ministros (Reference for a preliminary ruling — Freedom of establishment — Regulation (EC) No 1008/2008 — Air carrier company — Reprivatisation process — Sale of shares representing up to 61 % of the share capital — Conditions — Requirement to keep the headquarters and effective management in a Member State — Public service obligations — Requirement to maintain and develop the existing national hub)
OJ C 139, 15.4.2019, p. 13–14
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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15.4.2019 |
EN |
Official Journal of the European Union |
C 139/13 |
Judgment of the Court of Justice (Second Chamber) of 27 February 2019 (request for a preliminary ruling from the Supremo Tribunal Administrativo — Portugal) — Associação Peço a Palavra and Others v Conselho de Ministros
(Case C-563/17) (1)
(Reference for a preliminary ruling - Freedom of establishment - Regulation (EC) No 1008/2008 - Air carrier company - Reprivatisation process - Sale of shares representing up to 61 % of the share capital - Conditions - Requirement to keep the headquarters and effective management in a Member State - Public service obligations - Requirement to maintain and develop the existing national hub)
(2019/C 139/11)
Language of the case: Portuguese
Referring court
Supremo Tribunal Administrativo
Parties to the main proceedings
Applicants: Associação Peço a Palavra, João Carlos Constantino Pereira Osório, Maria Clara Marques Pires Sarmento Franco, Sofia da Silva Santos Arauz, Maria João Galhardas Fitas
Defendants: Conselho de Ministros
Interveners: Parpública — Participações Públicas SGPS SA, TAP — Transportes Aéreos Portugueses SGPS SA
Operative part of the judgment
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1. |
Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market must be interpreted as irrelevant for the purposes of assessing the compatibility with EU law of certain requirements relating to the activities carried out by an air carrier company, imposed on the purchaser of a qualified holding in the share capital of that company, in particular of the requirement that that purchaser be required to perform public service obligations and to maintain and develop that company’s national hub. |
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2. |
Article 49 TFEU must be interpreted as not precluding tender specifications governing the conditions to which a reprivatisation process of an air carrier company is subject from including:
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