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Case T-388/25: Action brought on 16 June 2025 – Spain v Commission

ECLI:EU:UNKNOWN:62025TN0388

62025TN0388

June 16, 2025
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Official Journal of the European Union

EN

C series

C/2025/4470

18.8.2025

(Case T-388/25)

(C/2025/4470)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: A. Pérez-Zurita Gutiérrez, A. Torró Molés, acting as Agents)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

Annul Commission Decision C(2025) 2465 of 16 April 2025, pursuant to Article 8(8) of Regulation (EC) No 1073/2009 (<span class="oj-super oj-note-tag">1</span>) of the European Parliament and of the Council, concerning a disagreement between Germany and Spain regarding the authorisation of a regular passenger transport service by coach.

Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.

1.First plea in law, alleging infringement of Article 91 TFEU and Article 16(2) of Regulation No 1073/2009:

2.Second plea in law, alleging infringement of Regulation 1370/2007, (<span class="oj-super oj-note-tag">2</span>) which governs public passenger transport services by rail and by road. The contested decision renders the system envisaged in that regulation ineffective and infringes, inter alia, Articles 1, 2a, 3, 4 and 5 of that regulation.

3.Third plea in law, alleging infringement of Article 8(4) and (8) of Regulation No 1073/2009. The contested decision does not comply with the procedure laid down in those articles, in that it does not provide a reasoned answer to the Kingdom of Spain’s observations.

4.Fourth plea in law, alleging infringement of Protocol No 26 on services of general interest. The contested decision infringes the competence conferred on national authorities by that protocol by unduly interfering in the organisation of a national public service.

Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services, and amending Regulation (EC) No 561/2006 (OJ 2009 L 300, p. 88).

Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/96 and 1107/70 (OJ 2007 L 315, p. 1).

ELI: http://data.europa.eu/eli/C/2025/4470/oj

ISSN 1977-091X (electronic edition)

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