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''Commission v Portugal'' (2010
C-171/08
is an
EU law European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its val ...
case, relevant for
UK enterprise law United Kingdom enterprise law concerns the ownership and regulation of organisations producing goods and services in the UK, European and international economy. Private enterprises are usually incorporated under the Companies Act 2006, regulated ...
, concerning
European company law European company law is a part of European Union law, which concerns the formation, operation and insolvency of companies (or corporations) in the European Union. The EU creates minimum standards for companies throughout the EU, and has its own cor ...
. Following a trend in cases such as ''Commission v United Kingdom'', and '' Commission v Netherlands'','' Commission v Netherlands'' (2006
C‑282/04
and se
AG Maduro's Opinion
/ref> it struck down public oversight, through
golden share In business and finance, a golden share is a nominal share which is able to outvote all other shares in certain specified circumstances, often held by a government organization, in a government company undergoing the process of privatization and tr ...
s of Portuguese telecommunications companies.


Facts

In January 2008, the European Commission referred Portugal to the European Court of Justice because it considered that the special rights conferred on the State by its golden shares in
Portugal Telecom Altice Portugal (formerly known as Portugal Telecom or PT) is the largest telecommunications service provider in Portugal. Since June 2, 2015, the company has been a wholly owned subsidiary of Altice Europe, a multinational cable and telecommuni ...
(PT) discouraged investment from other Member States in violation of the EC Treaty.


Judgment

The Grand Chamber of the
Court of Justice of the European Union The Court of Justice of the European Union (CJEU) (french: Cour de justice de l'Union européenne or "''CJUE''"; Latin: Curia) is the judicial branch of the European Union (EU). Seated in the Kirchberg quarter of Luxembourg City, Luxembo ...
held that the Portuguese law violated free movement of capital.


See also

*
United Kingdom enterprise law United Kingdom enterprise law concerns the ownership and regulation of organisations producing goods and services in the UK, European and international economy. Private enterprises are usually incorporated under the Companies Act 2006, regulate ...


Notes

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References

* United Kingdom enterprise case law Court of Justice of the European Union case law