CELEX: C2006/294/10
Language: en
Date: 2006-12-02 00:00:00
Title: Joined Cases C-282/04 and C-283/04: Judgment of the Court (First Chamber) of 28 September 2006 — Commission of the European Communities v Kingdom of the Netherlands (Failure by a Member State to fulfil obligations — Articles 56(1) EC and 43 EC — Special shares ( golden shares ) of the Netherlands State in the companies KPN and TPG — Distinction between controlling holding , direct investment and portfolio investment in the context of fundamental freedoms — State measure for the purposes of fundamental freedoms — Guarantee of universal postal service)

2.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/6
            
         Judgment of the Court (First Chamber) of 28 September 2006 — Commission of the European Communities v Kingdom of the Netherlands
   (Joined Cases C-282/04 and C-283/04) (1)
   
   (Failure by a Member State to fulfil obligations - Articles 56(1) EC and 43 EC - Special shares (‘golden shares’) of the Netherlands State in the companies KPN and TPG - Distinction between ‘controlling holding’, ‘direct investment’ and ‘portfolio investment’ in the context of fundamental freedoms - ‘State measure’ for the purposes of fundamental freedoms - Guarantee of universal postal service)
   (2006/C 294/10)
   Language of the case: Dutch
   Parties
   
      Applicant: Commission of the European Communities (represented by: H. Støvlbæk, A Nijenhuis and S. Noë, acting as Agents)
   
      Defendant: Kingdom of the Netherlands (represented by: H.G. Sevenster, J.G.M. van Bakel and M. De Grave, acting as Agents)
   Re:
   Failure by a Member State to fulfil obligations — Articles 43 and 56 EC — Rights attached to the Netherlands State's special share in the company Koninklijke KPN NV
   Operative part of the judgment
   
               1.
            
            
               By maintaining in the statutes of KPN NV and TPG NV certain provisions, providing that the capital of those companies is to include a special share held by the Netherlands State, which confers on the latter special rights to approve certain management decisions of the organs of those companies, which are not limited to cases where the intervention of that State is necessary for overriding reasons in the general interest recognised by the Court and, in the case of TPG NV in particular for ensuring the maintenance of universal postal service, the Kingdom of the Netherlands has failed to fulfil its obligations under Article 56(1) EC.
            
         
               2.
            
            
               The Kingdom of the Netherlands is ordered to pay the costs.
            
         
      (1)  OJ C 217 of 28.08.2004