Operative part
Subject of the case
Re:
Failure of a Member State to fulfil its obligations – Infringement of Article 56 EC – National provision which provides, in certain cases, for the limitation of voting rights in undertakings in the energy sector.
Operative part
Operative part
The Court:
1Declares that, by maintaining in force measures such as those laid down in Supplementary Provision No 27 to Law 55/1999 of 29 December 1999 on fiscal, administrative and social measures, in the version of that provision laid down in Article 94 of Law 62/2003 of 30 December 2003, which limits the voting rights of shares held by public bodies in Spanish undertakings operating in the energy sector, the Kingdom of Spain has failed to fulfil its obligations under Article 56 EC;
2Orders the Kingdom of Spain to pay the costs.
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