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Case C-18/09: 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)
ECLI:EU:UNKNOWN:62009CA0018
62009CA0018
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27.3.2010
Official Journal of the European Union
C 80/5
(Case C-18/09) (<span class="super">1</span>)
(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)
2010/C 80/08
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: K. Simonsson and L. Lozano Palacios, acting as Agents)
Defendant: Kingdom of Spain (represented by: B. Plaza Cruz, acting as Agent)
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 of the judgment
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.
(<span class="super">1</span>) OJ C 69, 21.3.2009.