ECLI:EU:C:2011:501•Judgment of the Court (Fifth Chamber) of 21 July 2011.#European Commission v Portuguese Republic.#Failure of a Member State to fulfil obligations - Freedom of establishment and freedom to provide services - Carrying out real estate activities.#Case C-518/09.
Judgment of the Court (Fifth Chamber) of 21 July 2011.#European Commission v Portuguese Republic.#Failure of a Member State to fulfil obligations - Freedom of establishment and freedom to provide services - Carrying out real estate activities.#Case C-518/09.
ECLI:EU:C:2011:501Eu Chamb 05 CJul 21, 2011
Full text
Subject of the case
Operative part
Subject of the case
Re:
Failure of a Member State to fulfil obligations – Infringement of Articles 49 TFEU and 56 TFEU – Carrying on business in property transactions.
Operative part
Operative part
The Court:
1. Declares that,
– by permitting the business of real property brokerage to be carried out only within estate agencies;
– by requiring real property brokerages and estate agents established in other Member States to cover their professional liability by taking out insurance compatible with Portuguese legislation;
– by requiring real property brokerages established in other Member States to hold positive equity in accordance with that legislation, and
– by making real property brokerages and estate agents established in other Member States subject to the full disciplinary control of the Instituto de Construção e do Imobiliário IP,
the Portuguese Republic has failed to fulfil its obligations under Article 56 TFEU, and
– by requiring real property brokerages to carry out exclusively the business of real property brokerage, with the exception of the management of real property on behalf of third parties, and
– by requiring estate agents to carry out exclusively the business of estate agency,
the Portuguese Republic has failed to fulfil its obligations under Articles 49 TFEU and 56 TFEU;
2. Orders the Portuguese Republic to pay the costs.
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