37In the first place, as regards the need invoked by the Portuguese authorities to ensure the availability of the telecommunications network in the event of crisis, war or terrorism, the Commission considers that, contrary to the requirements of the case-law and, in particular, Case C-463/00 Commission v Spain [2003] ECR I-4581, paragraphs 71 and 72, those authorities have not shown the existence of a ‘genuine and sufficiently serious threat to a fundamental interest of society’ capable of justifying the shares at issue on grounds of public security and public policy.
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