CELEX: 62006CA0274
Language: en
Date: 2008-02-14 00:00:00
Title: Case C-274/06: Judgment of the Court (Third Chamber) of 14 February 2008 — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil its obligations — Article 56 EC — National provision limiting the voting rights of shareholders in undertakings in the energy sector — Limitation applicable to public bodies)

29.3.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 79/4
            
         Judgment of the Court (Third Chamber) of 14 February 2008 — Commission of the European Communities v Kingdom of Spain
   (Case C-274/06) (1)
   
   (Failure of a Member State to fulfil its obligations - Article 56 EC - National provision limiting the voting rights of shareholders in undertakings in the energy sector - Limitation applicable to public bodies)
   (2008/C 79/06)
   Language of the case: Spanish
   Parties
   
      Applicant: Commission of the European Communities (represented by: H. Stovlbæk and R. Vidal Puig, Agents, acting as Agents)
   
      Defendant: Kingdom of Spain (represented by: N. Díaz Abad, acting as the Agent)
   Re:
   Failure of a Member State to fulfil its obligations — Infringement of Article 56 EC — National provision which provides, in certain cases, for the limitation of voting rights in undertakings in the energy sector
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that, by maintaining in force measures such as those laid down in the Supplementary Provision No 27 to Law 55/1999 of 29 December 1999 on fiscal, administrative and social measures, in the version of that provision in Article 94 of Law 62/2003 of 30 December 2003, which limits the voting rights of shares held by public bodies in Spanish undertakings operating in the energy sector, the Kingdom of Spain has failed to fulfil its obligations under Article 56 EC.
            
         
               2.
            
            
               Orders the Kingdom of Spain to pay the costs.
            
         
      (1)  OJ C 212 of 2.9.2006.