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Judgment of the Court (Seventh Chamber) of 4 February 2010. # European Commission v Kingdom of Spain. # Failure of a Member State to fulfil obligations - Freedom to provide services - Regulation (EEC) No 4055/86 - Article 1 - Maritime transport - Ports of general interest - Harbour dues - Exemptions and subsidies. # Case C-18/09.
ECLI:EU:C:2010:58
62009CJ0018
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(Case C‑18/09)
Failure of a Member State to fulfil obligations – Freedom to provide services – Regulation (EEC) No 4055/86 – Article 1 – Maritime transport – Ports of general interest – Harbour dues – Exemptions and subsidies
Member States – Obligations – Failure to fulfil obligations – Maintaining in force domestic legislation incompatible with Community law – Discriminatory system of rebates of and exemptions from harbour dues – Not permissible (Art. 226 EC; Council Regulation No 4055/86, Art. 1) (see para. 18)
Re:
Failure of a Member State to fulfil obligations – Infringement of Article 1 of Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries (OJ 1986 L 378, p. 1) – Ports of general interest – Subsidies and exemptions from harbour dues.
Operative part
The Court:
1.Declares that, by maintaining in force Article 24(5) and Article 27(1), (2) and (4) of Law 48/2003 of 26 November 2003 on the economic rules and supply of services for ports of general interest, which establishes a system of rebates and exemptions for harbour dues, the Kingdom of Spain has failed to fulfil its obligations under Article 1 of Council Regulation (EEC) No 4055/86 of 22 December 1986 applying the principle of freedom to provide services to maritime transport between Member States and between Member States and third countries;
2.Orders the Kingdom of Spain to pay the costs.