10.9.2011
EN
Official Journal of the European Union
C 269/7
Judgment of the Court (Fifth Chamber) of 21 July 2011 — European Commission v Portuguese Republic
(Case C-518/09) (1)
(Failure of a Member State to fulfil obligations - Freedom of establishment and freedom to provide services - Carrying out real estate activities)
2011/C 269/10
Language of the case: Portuguese
Parties
Applicant: European Commission (represented by: I Rogalski and P. Guerra e Andrade, acting as Agents)
Defendant: Portuguese Republic (represented by: L. Inez Fernandes, Agent, and N. Ruiz, advogado)
Re:
Failure of a Member State to fulfil obligations — Infringement of Articles 49 TFEU and 56 TFEU — Carrying out real estate activities
Operative part of the judgment
The Court:
1.
Declares that,
—
by permitting activities of real estate brokers to be carried out only within real estate agencies;
—
by requiring real estate brokerages and real estate agents established in other Member States to cover their professional liability by taking out insurance which complies with Portuguese legislation;
—
by requiring real estate brokerages established in other Member States to hold positive equity within the meaning of that legislation, and
—
by making real estate brokerages and real 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 estate brokerages to carry out exclusively real estate brokerage activities, with the exception of the management of real property on behalf of third parties, and
—
by requiring real estate agents to carry out exclusively real estate agency activities,
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.
(1) OJ C 37, 13.2.2010.
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