On Thursday 13 July, the Court of Justice of the EU found against Spain over its delay in liberalising the goods handling port services sector (case C-388/16), despite a previous Court judgment condemning its restrictive legislation that hinders the freedom of establishment of businesses active in the sector from other member states wishing to operate in its ports.
It was not until 12 May 2017, or 29 months after an earlier Court judgment declaring it illegal under single market rules (case C-576/13 of 11 December 2014), that Spain issued new rules to correct its previous legislation. This required companies from other EU countries wishing to carry out goods handling activities in Spanish ports to: - register with a public limited docker management company, investing in its capital if necessary, and; - prioritise workers supplied by this company in all recruitment measures, with a minimum number to be hired permanently.
Due to the delay in coming into line with this judgment, the Commission took further action at the Court in April 2016 against the Spanish state, calling for financial sanctions (a daily penalty and a fixed sum) (see EUROPE 11542). The Court partly complied, ordering Spain to pay the fixed amount of €3 million to the EU budget. (Original version in French by Francesco Gariazzo)