CELEX: 62009CJ0018
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

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
The Court:
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;
2.
Orders the Kingdom of Spain to pay the costs.