CELEX: 62009CA0518
Language: en
Date: 2011-07-21 00:00:00
Title: Case C-518/09: Judgment of the Court (Fifth Chamber) of 21 July 2011 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Freedom of establishment and freedom to provide services — Carrying out real estate activities)

10.9.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/7
            
         Judgment of the Court (Fifth Chamber) of 21 July 2011 — European Commission v Portuguese Republic
   (Case C-518/09) (1)
   
   (Failure of a Member State to fulfil obligations - Freedom of establishment and freedom to provide services - Carrying out real estate activities)
   2011/C 269/10
   Language of the case: Portuguese
   
      Parties
   
   
      Applicant: European Commission (represented by: I Rogalski and P. Guerra e Andrade, acting as Agents)
   
      Defendant: Portuguese Republic (represented by: L. Inez Fernandes, Agent, and N. Ruiz, advogado)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Infringement of Articles 49 TFEU and 56 TFEU — Carrying out real estate activities
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Declares that,
               
                           —
                        
                        
                           by permitting activities of real estate brokers to be carried out only within real estate agencies;
                        
                     
                           —
                        
                        
                           by requiring real estate brokerages and real estate agents established in other Member States to cover their professional liability by taking out insurance which complies with Portuguese legislation;
                        
                     
                           —
                        
                        
                           by requiring real estate brokerages established in other Member States to hold positive equity within the meaning of that legislation, and
                        
                     
                           —
                        
                        
                           by making real estate brokerages and real estate agents established in other Member States subject to the full disciplinary control of the Instituto de Construção e do Imobiliário IP,
                        
                     the Portuguese Republic has failed to fulfil its obligations under Article 56 TFEU, and
               
                           —
                        
                        
                           by requiring real estate brokerages to carry out exclusively real estate brokerage activities, with the exception of the management of real property on behalf of third parties, and
                        
                     
                           —
                        
                        
                           by requiring real estate agents to carry out exclusively real estate agency activities,
                        
                     the Portuguese Republic has failed to fulfil its obligations under Articles 49 TFEU and 56 TFEU;
            
         
               2.
            
            
               Orders the Portuguese Republic to pay the costs.
            
         
      (1)  OJ C 37, 13.2.2010.