![]() ![]() In 1989 the Netherlands State undertaking for post, telegraph and telephone became a public limited company, Koninklijke PTT Limits which Community law imposes on Member States when they act as market participants.Ģ. These cases require the Court to provide further clarification concerning the Obligations under Articles 43 EC and 56 EC. The Commission contends that, by retaining its golden shares in these undertakings, the Netherlands has failed to fulfil its The present cases concern ‘golden shares’ held by the Netherlands State in KPN NV (‘KPN’) and TPG NV (‘TPG’) respectively. (Free movement of capital – ‘Golden shares’ held by the Netherlands State in KPN NV and TPG NV)ġ. Opinion of Mr Advocate General Poiares Maduro delivered on 6 April 2006.Ĭommission of the European Communities v Kingdom of the Netherlands.įailure of a Member State to fulfil obligations - Articles 56(1) EC and 43 EC - Special shares ("golden shares') of the Netherlands State in the companies KPN and TPG - Distinction between "controlling holding', "direct investment' and "portfolio investment' in the context of fundamental freedoms - "State measure' for the purposes of fundamental freedoms - Guarantee of universal postal service. # Failure of a Member State to fulfil obligations - Articles 56(1) EC and 43 EC - Special shares ("golden shares') of the Netherlands State in the companies KPN and TPG - Distinction between "controlling holding', "direct investment' and "portfolio investment' in the context of fundamental freedoms - "State measure' for the purposes of fundamental freedoms - Guarantee of universal postal service. # Commission of the European Communities v Kingdom of the Netherlands. Opinion of Mr Advocate General Poiares Maduro delivered on 6 April 2006.
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