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Case C-205/14: Judgment of the Court (Fifth Chamber) of 2 June 2016 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Air transport — Regulation (EEC) No 95/93 — Allocation of slots at European Union airports — Article 4(2) — Independence of the coordinator — Concept of ‘interested party’ — Airport managing body — Functional separation — System of financing)
ECLI:EU:UNKNOWN:62014CA0205
62014CA0205
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8.8.2016
Official Journal of the European Union
C 287/2
(Case C-205/14) (<span class="super">1</span>)
((Failure of a Member State to fulfil obligations - Air transport - Regulation (EEC) No 95/93 - Allocation of slots at European Union airports - Article 4(2) - Independence of the coordinator - Concept of ‘interested party’ - Airport managing body - Functional separation - System of financing))
(2016/C 287/02)
Language of the case: Portuguese
Parties
Applicant: European Commission (represented by: P. Guerra e Andrade and F. Wilman, acting as Agents)
Defendant: Portuguese Republic (represented by: L. Inez Fernandes and V. Moura Ramos, acting as Agents)
Operative part of the judgment
The Court:
1.Declares that, by failing to ensure that the coordinator for the allocation of slots is independent by separating the coordinator functionally from any single interested party and by failing to ensure that the system of financing the coordinator’s activities is such as to guarantee the coordinator’s independent status, the Portuguese Republic has failed to fulfil its obligations under Article 4(2) of Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports, as amended by Regulation (EC) No 545/2009 of the European Parliament and of the Council of 18 June 2009;
2.Orders the Portuguese Republic to pay the costs.
(<span class="super">1</span>) OJ C 212, 7.7.2014.