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Case C-576/13: Judgment of the Court (Sixth Chamber) of 11 December 2014 — European Commission v Kingdom of Spain (Failure of a Member State to fulfil obligations — Article 49 TFEU — Freedom of establishment — Dock-work undertakings — Management of workers for the provision of cargo-handling services — Prohibition on using workers on the employment market)
ECLI:EU:UNKNOWN:62013CA0576
62013CA0576
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Official Journal of the European Union
C 46/14
(Case C-576/13)(Failure of a Member State to fulfil obligations - Article 49 TFEU - Freedom of establishment - Dock-work undertakings - Management of workers for the provision of cargo-handling services - Prohibition on using workers on the employment market)
(2015/C 046/18)
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: L. Nicolae and S. Pardo Quintillán, Agents)
Defendant: Kingdom of Spain (represented by: A. Rubio González, Agent)
Operative part of the judgment
The Court:
1.Declares that, by obliging undertakings of other Member States wishing to exercise the activity of cargo-handling in Spanish ports of general interest, first, to register with the Dockers’ Management Public Limited Liability Company (‘Sociedad Anónima de Gestion de Estibadores Portuarios’) and, as appropriate, to hold shares in that company and, secondly, to employ as a priority workers provided by that company, including a minimum number on permanent contracts, the Kingdom of Spain has failed to fulfil its obligations under Article 49 TFEU;
2.Orders the Kingdom of Spain to pay the costs.
* Language of the case: Spanish.
OJ C 24, 25.1.2014.