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Document 62009CA0018
Case C-18/09: Judgment of the Court (Seventh Chamber) of 4 February 2010 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Freedom to provide services — Regulation (EEC) No 4055/86 — Article 1 — Maritime transport — Ports of general interest — Harbour dues — Exemptions and subsidies)
Case C-18/09: Judgment of the Court (Seventh Chamber) of 4 February 2010 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Freedom to provide services — Regulation (EEC) No 4055/86 — Article 1 — Maritime transport — Ports of general interest — Harbour dues — Exemptions and subsidies)
Case C-18/09: Judgment of the Court (Seventh Chamber) of 4 February 2010 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Freedom to provide services — Regulation (EEC) No 4055/86 — Article 1 — Maritime transport — Ports of general interest — Harbour dues — Exemptions and subsidies)
SL C 80, 27.3.2010, p. 5–5
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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27.3.2010 |
EN |
Official Journal of the European Union |
C 80/5 |
Judgment of the Court (Seventh Chamber) of 4 February 2010 — European Commission v Kingdom of Spain
(Case C-18/09) (1)
(Failure of a Member State to fulfil obligations - Freedom to provide services - Regulation (EEC) No 4055/86 - Article 1 - Maritime transport - Ports of general interest - Harbour dues - Exemptions and subsidies)
2010/C 80/08
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: K. Simonsson and L. Lozano Palacios, acting as Agents)
Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, acting as Agent)
Re:
Failure of a Member State to fulfil obligations Infringement of Article 1 of Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries (OJ 1986 L 378, p. 1) — Ports of general interest — Subsidies and exemptions from harbour dues
Operative part of the judgment
The Court:
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1. |
Declares that, by maintaining in force Article 24(5) and Article 27(1), (2) and (4) of Law 48/2003 of 26 November 2003 on the economic rules and supply of services for ports of general interest, which establishes a system of rebates and exemptions for harbour dues, the Kingdom of Spain has failed to fulfil its obligations under Article 1 of Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries; |
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2. |
orders the Kingdom of Spain to pay the costs. |