CELEX: 62009CA0018
Language: en
Date: 2010-02-04 00:00:00
Title: Case C-18/09: Judgment of the Court (Seventh Chamber) of 4 February 2010 — European Commission v Kingdom of Spain (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)

27.3.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 80/5
            
         Judgment of the Court (Seventh Chamber) of 4 February 2010 — European Commission v Kingdom of Spain
   (Case C-18/09) (1)
   
   (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)
   2010/C 80/08
   Language of the case: Spanish
   
      Parties
   
   
      Applicant: European Commission (represented by: K. Simonsson and L. Lozano Palacios, acting as Agents)
   
      Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, acting as Agent)
   
      Re:
   
   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 of the judgment
   
   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.
            
         
      (1)  OJ C 69, 21.3.2009.