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.

Subject of the case

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

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.