Reasoned opinion to Spain for failing to comply with the Services Directive when granting coastal concessions

Subject: Reasoned opinion to Spain for failing to comply with the Services Directive when granting coastal concessions

On 16 December 2024 the Commission decided to send a reasoned opinion to Spain (INFR(2022)4121) for failing to comply with the Services Directive1 for the award and extension of concessions by the Spanish authorities, in particular concessions in the coastal public domain. According to a ruling of the Court of Justice of the European Union of 20 April 2023, Member States have the obligation to award these concessions through an ‘impartial and transparent selection procedure’, and it invokes Article 288 of the Treaty on the Functioning of the European Union.

As already mentioned in question E-001499/23, the concession granted to the paper company Ence in the Pontevedra estuary was extended for 75 years until 2073 on the basis of the Spanish Coast Act, without an open selection procedure and therefore in breach of the Services Directive.

In view of this:

1. For what specific reasons has the Commission sent this reasoned opinion to the Spanish state?

2. Can the Commission grant access to this reasoned opinion?

Submitted: 19.12.2024

1 Directive 2006/123/EC of 12 December 2006 on services in the internal market, OJ L 376, 27.12.2006, p. 36,

ELI: http://data.europa.eu/eli/dir/2006/123/oj.

Answer given by Executive Vice-President Séjourné on behalf of the European Commission (20 March 2025)

The Commission decided to send a reasoned opinion to Spain (INFR(2022)4121 (1)) given that the legislation of this Member State does not provide for the obligation to use an impartial and transparent selection procedure to award concessions to build permanent premises on the coastal public domain and carry out economic activities therein and it does allow for the extension of certain concessions for up to 75 years.

In the Commission’s view, this legislation breaches the Services Directive (2) and the principle of the freedom of establishment enshrined in Article 49 of the Treaty on the Functioning of the European Union. The Commission expects this infringement procedure to help opening up the single market in the area of coastal concessions.

It should also be noted that Spain has not been singled out. The Commission has opened similar infringement procedures against Italy (INFR(2020)4118 (3)), Portugal (INFR(2022)2020 (4)) and Greece (INFR(2024)2243 (5)).

The Commission is bound by a confidentiality obligation while handling infringement procedures, with a view to attain an appropriate solution, and thus cannot disclose the reasoned opinion or information about the ongoing dialogue with the Spanish authorities.

1 1Directive 2006/123/EC of 12 December 2006 on services in the internal market, OJ L 376, 27.12.2006, p. 36, ELI: http://data.europa.eu/eli/dir/2006/123/oj.

1 ∙ ⸱ https://ec.europa.eu/atwork/applying-eu-law/infringements-proceedings/infringement_decisions/?

langCode=EN&version=v1&typeOfSearch=byDecision&refId=INFR(2022)4121&page=1&size=10&order=desc&sortColumns=decisionDate 2 ∙ ⸱ Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market, OJ L 376, 27.12.2006, p. 36- 68. 3 ∙ ⸱

https://ec.europa.eu/atwork/applying-eu-law/infringements-proceedings/infringement_decisions/? langCode=EN&version=v1&typeOfSearch=byDecision&refId=INFR(2020)4118&page=1&size=10&order=desc&sortColumns=decisionDate 4 ∙ ⸱ https://ec.europa.eu/atwork/applying-eu-law/infringements-proceedings/infringement_decisions/? langCode=EN&version=v1&typeOfSearch=byDecision&refId=INFR(2022)2020&page=1&size=10&order=desc&sortColumns=decisionDate 5 ∙ ⸱ https://ec.europa.eu/atwork/applying-eu-law/infringements-proceedings/infringement_decisions/? langCode=EN&version=v1&typeOfSearch=byDecision&refId=INFR(2024)2243&page=1&size=10&order=desc&sortColumns=decisionDate