CELEX: C2006/131/08
Language: en
Date: 2006-06-03 00:00:00
Title: Case C-323/03: Judgment of the Court (Second Chamber) of  9 March 2006  — Commission of the European Communities v Kingdom of Spain (Failure of a Member State to fulfil obligations — Regulation (EEC) No 3577/92 — Maritime cabotage — Whether applicable to passenger transport services in the Vigo estuary — Twenty-year concession to a single operator — Compatibility — Possibility of concluding public service contracts or imposing public service obligations — Standstill clause)

3.6.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 131/5
            
         Judgment of the Court (Second Chamber) of 9 March 2006 — Commission of the European Communities v Kingdom of Spain
   (Case C-323/03) (1)
   
   (Failure of a Member State to fulfil obligations - Regulation (EEC) No 3577/92 - Maritime cabotage - Whether applicable to passenger transport services in the Vigo estuary - Twenty-year concession to a single operator - Compatibility - Possibility of concluding public service contracts or imposing public service obligations - Standstill clause)
   (2006/C 131/08)
   Language of the Case: Spanish
   Parties
   
      Applicant: Commission of the European Communities (represented by: I. Martínez del Peral and K. Simonsson, Agents)
   
      Defendant: Kingdom of Spain (represented by: L. Fraguas Gadea and J.M. Rodríguez Cárcamo, Agents)
   Re:
   Failure of a Member State to fulfil obligations — Infringement of Arts 1, 4, 7 and 9 of Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) (OJ 1992 L 364, p. 7) and the EC Treaty — National rules which allow maritime transport services in the Vigo estuary to be entrusted to a single operator for 20 years and which permit a more restrictive regime which is subject to public-service obligations.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Declares that: by maintaining in force legislation which:
               
                           —
                        
                        
                           allows a concession for maritime transport services in the Vigo estuary to be granted to a single operator for a period of 20 years and which includes as a criterion for the award of that concession experience in transport acquired in that estuary,
                        
                     
                           —
                        
                        
                           allows the imposition of public service obligations on seasonal transport services with the islands and regular transport services between mainland ports,
                        
                     
                           —
                        
                        
                           was not the subject of any consultation with the Commission of the European Communities prior to being approved,
                        
                     the Kingdom of Spain has infringed Articles 1, 4 and 9 of Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide services to maritime transport within Member States (maritime cabotage) and has failed to fulfil its obligations under that regulation;
            
         
               2.
            
            
               Dismisses the remainder of the application;
            
         
               3.
            
            
               Orders the Kingdom of Spain to pay the costs.
            
         
      (1)  OJ C 239, 04.10.2003.