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Case C-205/14: Action brought on 24 April 2014 — European Commission v Portuguese Republic

ECLI:EU:UNKNOWN:62014CN0205

62014CN0205

April 24, 2014
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7.7.2014

EN

Official Journal of the European Union

C 212/18

(Case C-205/14)

2014/C 212/20

Language of the case: Portuguese

Parties

Applicant: European Commission (represented by: P. Guerra Andrade and F. Wilman, acting as Agents)

Defendant: Portuguese Republic

Form of order sought

Declare that, by failing to ensure the operational and financial independence of the body responsible for coordinating the allocation of slots, the Portuguese Republic has failed to fulfil its obligations under Article 4(2)(b) of Regulation (EEC) No 95/93; (1)

order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

In Portugal, the body responsible for coordinating the allocation of slots is the ANA, a private commercial company which manages airports, and therefore does not satisfy the requirements relating to independence laid down in Regulation No 95/93.

Since the Divisão de Coordenação Nacional de Slots forms an integral part of the ANA and is entirely dependant on the ANA, there is neither a situation of operational independence nor one of financial independence, contrary to what is required under EU law.

(1) Council Regulation (EEC) No 95/93 of 18 January 1993 on common rules for the allocation of slots at Community airports (OJ 1993 L 14, p. 1).

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