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Case C-543/08: Judgment of the Court (First Chamber) of 11 November 2010 — European Commission v Portuguese Republic (Failure of a Member State to fulfil obligations — Articles 56 EC and 43 EC — Free movement of capital — Golden shares in EDP — Energias de Portugal held by the Portuguese State — Restrictions on the acquisition of holdings and participation in the management of a privatised company)
ECLI:EU:UNKNOWN:62008CA0543
62008CA0543
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15.1.2011
Official Journal of the European Union
C 13/3
(Case C-543/08) (<span class="super">1</span>)
(Failure of a Member State to fulfil obligations - Articles 56 EC and 43 EC - Free movement of capital - Golden shares in EDP - Energias de Portugal held by the Portuguese State - Restrictions on the acquisition of holdings and participation in the management of a privatised company)
2011/C 13/05
Language of the case: Portuguese
Parties
Applicant: European Commission (represented by: G. Braun, P. Guerra e Andrade and M. Teles Romão, acting as Agents)
Defendant: Portuguese Republic (represented by: L. Inez Fernandes, Agent, C. Botelho Moniz and P. Gouveia e Melo, advogados)
Re:
Failure of a Member State to fulfil obligations — Infringement of Articles 43 EC and 56 EC — Golden shares held by the Portuguese State in the company EDP — Energias de Portugal
Operative part of the judgment
The Court:
1.Declares that by maintaining for the Portuguese State and other public bodies special rights in EDP — Energias de Portugal such as those provided for in this instance by Law No 11/90 of 5 April 1990 concerning the framework law on privatisations (Lei No 11/90, Lei Quadro das Privatizações), by Decree-Law No 141/2000 of 15 July 2000 approving the fourth phase of the re-privatisation of the share capital of EDP — Electricidade de Portugal SA, and by the articles of association of that company, allocated in connection with golden shares held by the Portuguese State in the share capital of that company, the Portuguese Republic has failed to fulfil its obligations under Article 56 EC.
2.Orders the Portuguese Republic to pay the costs.
(<span class="super">1</span>) OJ C 19, 24.01.2009.