Official Journal of the European Union

C 297/15

(Case C-438/08)

(Failure of a Member State to fulfil obligations - Freedom of establishment - Directive 96/96/EC - National legislation - Restrictive conditions for access to the activity of vehicle inspection - Article 45 EC - Activities connected with the exercise of official authority - Road safety - Proportionality)

2009/C 297/17

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: E. Traversa and M. Teles Romão, acting as Agents)

Defendant: Republic of Portugal (represented by: L. Fernandes and A. Pereira de Miranda, acting as Agents)

Re:

Failure of a Member State to fulfil obligations — Infringement of Article 43 EC — Legislation imposing restrictions on the freedom of establishment of entities wishing to carry on vehicle inspection activity in Portugal

Operative part of the judgment

The Court:

1.Declares that, by imposing restrictions on the freedom of establishment of bodies of other Member States intending to carry on in Portugal the activity of vehicle inspection, namely, the making of the grant of authorisations subject to the public interest, the requirement of a minimum share capital of EUR 100 000, the limiting of the undertakings’ company objects and the imposition of incompatibility rules on members, managers and directors, the Portuguese Republic has failed to fulfil its obligations under Article 43 EC;

2.Orders the Portuguese Republic to pay the costs.

* * *

(1) OJ C 313, 6.12.2008.