CELEX: 62009CJ0018
Language: en
Date: 2010-02-04 00:00:00
Title: 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. # Case C-18/09.

Judgment of the Court (Seventh Chamber) of 4 February 2010 – Commission v Spain
      (Case C‑18/09)
      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
      Member States – Obligations – Failure to fulfil obligations – Maintaining in force domestic legislation incompatible with Community law – Discriminatory system of rebates of and exemptions from harbour dues – Not permissible (Art. 226 EC; Council Regulation No 4055/86, Art. 1) (see para. 18)
      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
      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.