CELEX: C2003/158/05
Language: en
Date: 2003-07-05 00:00:00
Title: Judgment of the Court of 13 May 2003 in Case C-98/01: Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland (Failure by a Member State to fulfil its obligations — Articles 43 EC and 56 EC — Rights attaching to the United Kingdom's Special Share in BAA plc)

C 158/4                  EN                          Official Journal of the European Union                                               5.7.2003
concerning Corporación Bancaria de España SA (Argentaria)                                      JUDGMENT OF THE COURT
(BOE No 15 of 17 January 1998, p. 1851), Royal Decree
No 552/1998 of 2 April 1998 concerning Tabacalera SA (BOE
No 80 of 3 April 1998, p. 11370), and Royal Decree No 929/                                                of 13 May 2003
1998 of 14 May 1998 concerning Endesa SA (BOE No 129 of
30 May 1998, p. 17939), in so far as they implement a system
of prior administrative approval                                             in Case C-98/01: Commission of the European Communi-
                                                                             ties v United Kingdom of Great Britain and Northern
                                                                                                             Ireland ( 1)
—     which is not justified by any overriding requirements of
      the general interest,
                                                                             (Failure by a Member State to fulfil its obligations —
                                                                             Articles 43 EC and 56 EC — Rights attaching to the United
—     which does not lay down objective and stable criteria                                Kingdom’s Special Share in BAA plc)
      which have been made public, and
                                                                                                          (2003/C 158/05)
—     which does not comply with the principle of pro-
      portionality,
                                                                                                  (Language of the case: English)
are incompatible with Article 43 EC and Article 56 EC, the
Court, composed of: G.C. Rodríguez Iglesias, President, J.-
P. Puissochet, M. Wathelet and R. Schintgen (Presidents of                   (Provisional translation; the definitive translation will be published
Chambers), C. Gulmann, D.A.O. Edward, A. La Pergola, P. Jann                                      in the European Court Reports)
(Rapporteur), V. Skouris, F. Macken, N. Colneric, S. von Bahr
and A. Rosas, Judges; D. Ruiz-Jarabo Colomer, Advocate
General; L. Hewlett, Principal Administrator, for the Registrar,
has given a judgment on 13 May 2003, in which it:
                                                                             In Case C-98/01, Commission of the European Communities
                                                                             (Agents: F. Benyon and M. Patakia) v United Kingdom of Great
                                                                             Britain and Northern Ireland (Agents: R. Magrill, assisted by
1.    Declares that, by maintaining in force the provisions of Article 2     D. Wyatt, QC, and J. Crow, barrister): Application for a
      and Article 3(1) and (2) of Ley 5/1995 de régimen jurídico             declaration that the provisions limiting the possibility of
      de enajenación de participaciones públicas en determinadas             acquiring voting shares in BAA plc as well as the procedure
      empresas (Law 5/1995 on the legal arrangements for disposal            requiring consent to the disposal of the company’s assets, to
      of public shareholdings in certain undertakings) of 23 March           control of its subsidiaries and to winding-up are incompatible
      1995, as well as Royal Decree No 3/1996 of 15 January                  with Articles 43 EC and 56 EC, the Court, composed of:
      1996 concerning Repsol SA, Royal Decree No 8/1997 of                   G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet
      10 January 1997 concerning Telefónica de España SA and                 and R. Schintgen (Presidents of Chambers), C. Gulmann,
      Telefónica Servicios Móviles SA, Royal Decree No 40/1998 of            D.A.O. Edward, A. La Pergola, P. Jann (Rapporteur), V. Skouris,
      16 January 1998 concerning Corporación Bancaria de España              F. Macken, N. Colneric, S. von Bahr and A. Rosas, Judges;
      SA (Argentaria), Royal Decree No 552/1998 of 2 April                   D. Ruiz-Jarabo Colomer, Advocate General; H. von Holstein,
      1998 concerning Tabacalera SA, and Royal Decree No 929/                Deputy Registrar, has given a judgment on 13 May 2003, in
      1998 of 14 May 1998 concerning Endesa SA, in so far as                 which it:
      they implement a system of prior administrative approval, the
      Kingdom of Spain has failed to fulfil its obligations under
      Article 56 EC;                                                         1.    Declares that, by maintaining in force the provisions limiting
                                                                                   the possibility of acquiring voting shares in BAA plc as well as
                                                                                   the procedure requiring consent to the disposal of the company’s
2.    Orders the Kingdom of Spain to pay the costs;                                assets, to control of its subsidiaries and to winding-up, the
                                                                                   United Kingdom of Great Britain and Northern Ireland has
                                                                                   failed to fulfil its obligations under Article 56 EC;
3.    Orders the United Kingdom of Great Britain and Northern
      Ireland to bear its own costs.
                                                                             2.    Orders the United Kingdom of Great Britain and Northern
                                                                                   Ireland to pay the costs.
( 1) OJ C 61 of 24.2.2001.
                                                                             (1 ) OJ C 134 of 5.5.2001.