This document is an excerpt from the EUR-Lex website
Document 62008CA0400
Case C-400/08: Judgment of the Court (Second Chamber) of 24 March 2011 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Freedom of establishment — Article 43 EC — National legislation concerning the establishment of shopping centres in Catalonia — Restrictions — Justifications — Proportionality)
Case C-400/08: Judgment of the Court (Second Chamber) of 24 March 2011 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Freedom of establishment — Article 43 EC — National legislation concerning the establishment of shopping centres in Catalonia — Restrictions — Justifications — Proportionality)
Case C-400/08: Judgment of the Court (Second Chamber) of 24 March 2011 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Freedom of establishment — Article 43 EC — National legislation concerning the establishment of shopping centres in Catalonia — Restrictions — Justifications — Proportionality)
SL C 152, 21.5.2011, p. 2–2
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
21.5.2011 |
EN |
Official Journal of the European Union |
C 152/2 |
Judgment of the Court (Second Chamber) of 24 March 2011 — European Commission v Kingdom of Spain
(Case C-400/08) (1)
(Failure of a Member State to fulfil obligations - Freedom of establishment - Article 43 EC - National legislation concerning the establishment of shopping centres in Catalonia - Restrictions - Justifications - Proportionality)
2011/C 152/02
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: E. Traversa and R. Vidal Puig, acting as Agents, C. Fernández Vicién and A. Pereda Miquel, abogados)
Defendant: Kingdom of Spain (represented by: N. Díaz Abad, acting as Agent)
Intervener in support of the defendant: Kingdom of Denmark (represented by: J. Bering Liisberg and R. Holdgaard, acting as Agents)
Re:
Failure of a Member State to fulfil its obligations — Infringement of Article 43 EC — Restrictions on the establishment of shopping centres — Licences
Operative part of the judgment
The Court:
1. |
Declares that the Kingdom of Spain has failed to fulfil its obligations under Article 43 EC by adopting and/or by maintaining in force the following provisions:
|
2. |
Declares that there is no need to adjudicate on the action in so far as it concerns the compatibility with Article 43 EC of Article 33(5) and (7) of Decree 378/2006, implementing Law 18/2005, of 10 October 2006; |
3. |
Dismisses the action as to the remainder; |
4. |
Orders the European Commission, the Kingdom of Spain and the Kingdom of Denmark to bear their own costs. |