Case C-323/03: Judgment of the Court (Second Chamber) of  9 March 2006  — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Regulation (EEC) No 3577/92 — Maritime cabotage — Whether applicable to passenger transport services in the Vigo estuary — Twenty-year concession to a single operator — Compatibility — Possibility of concluding public service contracts or imposing public service obligations — Standstill clause)
Date: 2006-06-03
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, freedom to provide services, maritime transport, public service

3.6.2006

EN

Official Journal of the European Union

C 131/5

Operative part of the judgment

1. A care allowance such as that provided for by the Salzburger Pfle-
gegeldgesetz does not constitute a special non-contributory benefit
within the meaning of Article 4(2b) of Council Regulation (EEC)
No 1408/71 of 14 June 1971 on the application of social
security schemes to employed persons,
to self-employed persons
and to members of their families moving within the Community
but a sickness benefit within the meaning of Article 4(1)(a) of
that regulation.

2. A member of the family of a worker employed in the Province of
Salzburg who lives with his family in Germany may, where he
fulfils the other conditions of grant, claim from the competent
institution of the worker's place of employment payment of a care
allowance such as that paid under the Salzburger Pflegegeldgesetz,
as a sickness benefit in cash as provided for in Article 19 of Regu-
lation No 1408/71, in so far as the member of the family is not
entitled to a similar benefit under the legislation of the State in
whose territory he resides.

(1) OJ C 226, 20.09.2003

— National rules which allow maritime transport services in
the Vigo estuary to be entrusted to a single operator for 20
years and which permit a more restrictive regime which is
subject to public-service obligations.

Operative part of the judgment

The Court:

1. Declares that: by maintaining in force legislation which:

— allows a concession for maritime transport services in the Vigo
estuary to be granted to a single operator for a period of 20
years and which includes as a criterion for the award of that
concession experience in transport acquired in that estuary,

— allows the imposition of public service obligations on seasonal
transport

services with the islands and regular

transport
services between mainland ports,

— was not the subject of any consultation with the Commission

of the European Communities prior to being approved,

the Kingdom of Spain has infringed Articles 1, 4 and 9 of
Council Regulation (EEC) No 3577/92 of 7 December 1992
applying the principle of freedom to provide services to maritime
transport within Member States (maritime cabotage) and has
failed to fulfil its obligations under that regulation;

Judgment of the Court (Second Chamber) of 9 March 2006
— Commission of the European Communities v Kingdom
of Spain

2. Dismisses the remainder of the application;

3. Orders the Kingdom of Spain to pay the costs.

(Case C-323/03) (1)

(Failure of a Member State to fulfil obligations — Regulation
(EEC) No 3577/92 — Maritime cabotage — Whether applic-
able to passenger transport services in the Vigo estuary —
Twenty-year concession to a single operator — Compatibility
— Possibility of concluding public service contracts or
imposing public service obligations — Standstill clause)

(2006/C 131/08)

Language of the Case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: I. Martínez del Peral and K. Simonsson, Agents)

Defendant: Kingdom of Spain (represented by: L. Fraguas Gadea
and J.M. Rodríguez Cárcamo, Agents)

Re:

(1) OJ C 239, 04.10.2003.

Judgment of the Court (Third Chamber) of 23 February
2006 (reference for a preliminary ruling from the Tribu-
nale di Cagliari, Tribunale ordinario di Cagliari) —
Giuseppe Atzeni, Francesco Atzori, Giuseppe Ignazio Boi
v Regione autonoma della Sardegna

(Joined Cases C-346/03 and C-529/03) (1)

(State aid — Decision 97/612/EC — Preferential loans in
favour of agricultural undertakings — Article 92(2)(b) and
(3)(a) and (c) of the EC Treaty (now, after amendment,
Article 87(2)(b) and (3)(a) and (c) EC) — Admissibility —
Legal basis — Legitimate expectations)

(2006/C 131/09)

Language of the case: Italian

Failure of a Member State to fulfil obligations — Infringement
of Arts 1, 4, 7 and 9 of Council Regulation (EEC) No 3577/92
of 7 December 1992 applying the principle of freedom to
provide services to maritime transport within Member States
(maritime cabotage) (OJ 1992 L 364, p. 7) and the EC Treaty

Referring court

Tribunale di Cagliari, Tribunale ordinario di Cagliari