CELEX: C2006/131/65
Language: en
Date: 2006-06-03 00:00:00
Title: Case C-172/06: Action brought on  31 March 2006  — Commission of the European Communities v Kingdom of Spain

3.6.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 131/35
            
         Action brought on 31 March 2006 — Commission of the European Communities v Kingdom of Spain
   (Case C-172/06)
   (2006/C 131/65)
   Language of the case: Spanish
   Parties
   
      Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán, acting as Agent)
   
      Defendant: Kingdom of Spain
   Form of order sought
   
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               Declare that, by making the grant of public aid to economic operators who wish to market in Spain solar captors manufactured and lawfully marketed in another Member State or manufactured in a country which is a signatory to the Agreement on the European Economic Area subject to the condition that those captors must have a certificate of conformity which satisfies the requirements laid down in the national rules and, for that purpose, to undergo in a specially designated national laboratory for tests already carried out in that State, the Kingdom of Spain has failed to fulfil its obligations under Articles 28 and 30 of the EC Treaty and Articles 11 and 13 of the Agreement on the European Economic Area;
            
         
               —
            
            
               order Kingdom of Spain to pay the costs.
            
         Pleas in law and main arguments
   The Spanish provisions on the conditions of access to public aid for solar captors from another Member State or a country which is a signatory to the Agreement on the European Economic Area are contrary to the fundamental principle of free movement of goods and cannot be justified for any of the reasons of general interest laid down in Article 30 of the EC Treaty or by any of the overriding requirements recognised by the case-law of the Court of Justice.