10.9.2011

Official Journal of the European Union

C 269/7

(Case C-518/09) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Freedom of establishment and freedom to provide services - Carrying out real estate activities)

2011/C 269/10

Language of the case: Portuguese

Parties

Applicant: European Commission (represented by: I Rogalski and P. Guerra e Andrade, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes, Agent, and N. Ruiz, advogado)

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 49 TFEU and 56 TFEU — Carrying out real estate activities

Operative part of the judgment

The Court:

1.Declares that,

—by permitting activities of real estate brokers to be carried out only within real estate agencies;

—by requiring real estate brokerages and real estate agents established in other Member States to cover their professional liability by taking out insurance which complies with Portuguese legislation;

—by requiring real estate brokerages established in other Member States to hold positive equity within the meaning of that legislation, and

—by making real estate brokerages and real estate agents established in other Member States subject to the full disciplinary control of the Instituto de Construção e do Imobiliário IP,

the Portuguese Republic has failed to fulfil its obligations under Article 56 TFEU, and

—by requiring real estate brokerages to carry out exclusively real estate brokerage activities, with the exception of the management of real property on behalf of third parties, and

—by requiring real estate agents to carry out exclusively real estate agency activities,

the Portuguese Republic has failed to fulfil its obligations under Articles 49 TFEU and 56 TFEU;

2.Orders the Portuguese Republic to pay the costs.

*

(<span class="super">1</span>) OJ C 37, 13.2.2010.