Judgment — ECLI:EU:C:2018:75
Date: 2018-02-08
Language of the case: Spanish
Court formation: Tenth Chamber
Subject matter: Transport
Procedure: Action for failure to fulfil obligations - successful
Origin: Spain

Judgment of the Court (Tenth Chamber) of 8 February 2018 — Commission v Spain (Case C‑181/17) (1) (Failure of a Member State to fulfil obligations — Transport policy — Regulation (EC) No 1071/2009 — Road transport operator — Licence for public transport — Conditions for grant — Article 3(1) and (2) — Article 5(b) — Number of vehicles required — National legislation — Stricter conditions for grant — Higher minimum number of vehicles) Transport — Road transport — Regulation No 1071/2009 — Common rules concerning the conditions to be complied with to pursue the occupation of road transport operator — Conditions relating to the requirement of establishment — National legislation restricting the pursuit of the occupation of road transport operator to undertakings with at least three vehicles — Failure to fulfil obligations (European Parliament and Council Regulation No 1071/2009, Arts 3(1) and (2) and 5(b)) (see para. 21, operative part) Operative part The Court: 1. Declares that, by requiring undertakings to have at least three vehicles in order to obtain a public transport licence, the Kingdom of Spain has failed to fulfil its obligations under Article 3(1) and (2) and Article 5(b) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC; 2. Orders the Kingdom of Spain to pay the costs. 1 OJ C 195, 19.6.2017.