15.1.2011

Official Journal of the European Union

C 13/2

(Case C-458/08) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Infringement of Article 49 EC - Construction sector - Authorisation required in order to carry on activity in that sector - Justification)

2011/C 13/03

Language of the case: Portuguese

Parties

Applicant: European Commission (represented by: E. Traversa and P. Guerra e Andrade, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Inez Fernandes and F. Nunes dos Santos, acting as Agents)

Intervener in support of the applicant: Republic of Poland (represented by M. Dowgielewicz, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 49 EC — Construction sector — Licence required in order to carry on activity in that sector

Operative part of the judgment

The Court:

1.Declares that, by requiring providers of building services established in another Member State to satisfy all the requirements imposed by the national scheme at issue, and in particular by Decree-Law No 12/2004 of 9 January 2004, in order to obtain authorisation to exercise, in Portugal, an activity in the construction sector, thereby precluding the possibility of account being duly taken of equivalent obligations to which such providers are subject in the Member State in which they are established, or of the verifications already carried out in that regard by the authorities of that Member State, the Portuguese Republic has failed to fulfil its obligations under Article 49 EC;

2.Orders the Portuguese Republic to pay the costs;

3.Orders the Republic of Poland to bear its own costs.

(<span class="super">1</span>) OJ C 327, 20.12.2008.