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Case C-181/17: Action brought on 7 April 2017 — European Commission v Kingdom of Spain
ECLI:EU:UNKNOWN:62017CN0181
62017CN0181
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19.6.2017
EN
Official Journal of the European Union
C 195/15
(Case C-181/17)
(2017/C 195/20)
Language of the case: Spanish
Parties
Applicant: European Commission (represented by: J. Hottiaux and J. Rius, acting as Agents)
Defendant: Kingdom of Spain
Form of order sought
The Commission claims that the Court should:
—declare, in accordance with Article 258 of the Treaty on the Functioning of the European Union, that, by laying down a minimum number of vehicles for obtaining a public transport authorisation, the Kingdom of Spain has failed to fulfil its obligations under Articles 3 and 5(b) of Regulation (EC) No 1071/2009 concerning access to the occupation of road transport operator;
—order the Kingdom of Spain to pay the costs.
Pleas in law and main arguments
The action brought by the European Commission against the Kingdom of Spain concerns the application of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC. (1)
The Commission takes the view that, by imposing the requirement, for the purpose of obtaining a public transport authorisation, that undertakings should have at least three vehicles, the Kingdom of Spain has failed to fulfil its obligations under Article 3(1) and (2) and Article 5(b) of that regulation.
(1) OJ 2009 L 300, p. 51.