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Case C-181/17: Judgment of the Court (Tenth Chamber) of 8 February 2018 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Transport policy — Regulation (EC) No 1071/2009 — Road transport operator — Licence for public transport — Conditions for grant — Article 3(1) and (2) — Article 5(b) — Number of vehicles required — National legislation — Stricter conditions for grant — Higher minimum number of vehicles)
ECLI:EU:UNKNOWN:62017CA0181
62017CA0181
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Official Journal of the European Union
C 123/6
(Case C-181/17)(Failure of a Member State to fulfil obligations - Transport policy - Regulation (EC) No 1071/2009 - Road transport operator - Licence for public transport - Conditions for grant - Article 3(1) and (2) - Article 5(b) - Number of vehicles required - National legislation - Stricter conditions for grant - Higher minimum number of vehicles)
(2018/C 123/08)
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: J. Hottiaux and J. Rius, acting as Agents)
Defendant: Kingdom of Spain (represented by: V. Ester Casas, acting as Agent)
Operative part of the judgment
The Court:
1.Declares that, by requiring undertakings to have at least three vehicles in order to obtain a public transport licence, the Kingdom of Spain has failed to fulfil its obligations under Article 3(1) and (2) and Article 5(b) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC;
2.Orders the Kingdom of Spain to pay the costs.
* Language of the case: Spanish.
(1) OJ C 195, 19.6.2017.