CELEX: 62009CJ0518
Failure of a Member State to fulfil obligations
Freedom of establishment and freedom to provide services
Carrying out real estate activities

Failure of a Member State to fulfil obligations – Infringement of Articles 49 TFEU and 56 TFEU – Carrying on business in property
transactions.
Operative part
The Court:
1.
Declares that,
–        by permitting the business of real property brokerage to be carried out only within estate agencies;
–        by requiring real property brokerages and estate agents established in other Member States to cover their professional liability
by taking out insurance compatible with Portuguese legislation;
–        by requiring real property brokerages established in other Member States to hold positive equity in accordance with that legislation,
and
–        by making real property brokerages and estate agents established in other Member States subject to the full disciplinary control
of the Instituto de Construção e do Imobiliário IP,
the Portuguese Republic has failed to fulfil its obligations under Article 56 TFEU, and
–        by requiring real property brokerages to carry out exclusively the business of real property brokerage, with the exception
of the management of real property on behalf of third parties, and
–        by requiring estate agents to carry out exclusively the business of estate agency,
the Portuguese Republic has failed to fulfil its obligations under Articles 49 TFEU and 56 TFEU;
2.
Orders the Portuguese Republic to pay the costs.