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Case C-277/13: Action brought on 21 May 2013 — European Commission v Portuguese Republic

ECLI:EU:UNKNOWN:62013CN0277

62013CN0277

May 21, 2013
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Valentina R., lawyer

10.8.2013

EN

Official Journal of the European Union

C 233/2

(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:

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, 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;

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.

Language of the case: Portuguese

(1) OJ 1996 L 272, p. 36.

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