Freedom of establishment in ports

22.4.2015

Question for written answer E-006429-15
to the Commission
Rule 130
Philippe De Backer (ALDE)

On 11 December 2014 the Court of Justice of the European Union adopted a ruling (Case C-576/13) stating that the organisation of port labour and cargo handling in Spanish ports creates disproportionate restrictions and is in breach of Article 49 of the Treaty on the Functioning of the European Union. This ruling confirms that freedom of establishment applies in ports.

1. Does the Commission intend to launch infringement procedures with regard to other Member States and port services operating similar restrictions, in order to ensure a consistent application of EC law?

2. Will the proposal for a regulation establishing a framework on market access to port services and financial transparency of ports (COM(2013)0295) impact on the application of this case law, and if so, how?