62009CJ0518_EN
Subject of the case
Operative part
Subject of the case
Re:
Failure of a Member State to fulfil obligations – Infringement of Articles 49 TFEU and 56 TFEU – Carrying on business in property transactions.
Operative part
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.