CELEX: 62013CN0277
Language: en
Date: 2013-05-21 00:00:00
Title: Case C-277/13: Action brought on 21 May 2013 — European Commission v Portuguese Republic

10.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 233/2
            
         Action brought on 21 May 2013 — European Commission v Portuguese Republic
   (Case C-277/13)
   2013/C 233/02
   Language of the case: Portuguese
   
      Parties
   
   
      Applicant: European Commission (represented by: P. Guerra e Andrade and F.W. Bulst, acting as Agents)
   
      Defendant: Portuguese Republic
   
      Form of order sought
   
   The Commission claims that the Court of Justice should:
   
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               declare that, by failing to take the necessary measures for the organisation of a selection procedure for suppliers authorised to provide groundhandling, ramp handling and freight and mail handling services at Lisbon, Porto and Faro airports, in accordance with Article 11 of Directive 96/67/EC, (1) the Portuguese State has failed to comply with Article 11 of Council Directive 96/67/EC of 15 October 1996 on access to the groundhandling market at Community airports;
            
         
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               order the Portuguese Republic to pay the costs.
            
         
      Pleas in law and main arguments
   
   Having failed to open up its groundhandling market to suppliers, the Portuguese State has acted contrary to European Union law.
   Having limited the number of groundhandling service suppliers authorised to provide groundhandling, ramp handling and freight and mail handling services, the Portuguese State was required to organise a selection procedure in accordance with Article 11 of Directive 96/67/EC. The procedure should also have been organised following consultation with the Airport Users’ Committee. Moreover, pursuant to Article 11(1)(d) of Directive 96/67/EC, suppliers are to be selected for a maximum period of seven years.
   
      (1)  OJ 1996 L 272, p. 36.