Judgment_paragraph 65 · European Commission v Portuguese Republic (C-212/09)

65In the present case, while it is true that the national provisions at issue apply without distinction to both residents and non-residents, it must none the less be held that they affect the position of a person acquiring a shareholding as such and are thus liable to deter investors from other Member States from making such investments and, consequently, affect access to the market (see Case C-463/00 Commission v Spain [2003] ECR I-4581, paragraph 61 and the case-law cited; Case C-171/08 Commission v Portugal, paragraph 67; and Case C-543/08 Commission v Portugal, paragraph 68).

European Commission v Portuguese Republic (C-212/09)

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