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Image header Agence Europe
Europe Daily Bulletin No. 9236
Contents Publication in full By article 22 / 38
GENERAL NEWS / (eu) eu/free movment of capital

Closure of case against Spain over privatisation law

Brussels, 19/07/2006 (Agence Europe) - The European Commission has decided to close infringement procedures against Spain in view of its 5/1955 law on privatisation and the Royal Decrees on Repsol SA, Telefónica de España SA, Telefónica Servicios Móviles SA, Argentaria, Tabacalera SA, and Endesa SA, following measures taken by Spain on 26 May to comply with a European Court of Justice ruling of 13 of May 2003, according to which Spain had failed to fulfil its obligations under EC Treaty rules on the free movement of capital (Article 56). In the case of Tabacalera (tobacco) and Argentaria (commercial banking group operating in the traditional banking sector), the Court did not accept that legislation could be justified by general interest reasons linked to strategic requirements. As regards Repsol (petroleum), Endesa (electricity) and Telefónica (telecommunications), the Court acknowledged that obstacles to the free movement of capital could be justified by public-security considerations (e.g. security of supplies). However, it considered that there had been a failure to observe the principle of proportionality.

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