Judgment_paragraph 41 · Staat der Nederlanden v Essent NV (C‑105/12), Essent Nederland BV (C‑105/12), Eneco Holding NV (C‑106/12) and Delta NV (C‑107/12) (C-105/12, C-106/12, C-107/12)

41Concerning those two forms of investment, the Court has stated that national measures must be regarded as ‘impediments’ for the purposes of Article 63(1) TFEU if they are liable to prevent or limit the acquisition of shares in the undertakings concerned or to deter investors of other Member States from investing in their capital (see Case C-367/98 Commission v Portugal [2002] ECR I-4731, paragraphs 45 and 46; Case C-483/99 Commission v France [2002] ECR I-4781, paragraph 40; Case C-463/00 Commission v Spain [2003] ECR I-4581, paragraphs 61 and 62; Case C-98/01 Commission v United Kingdom [2003] ECR I-4641, paragraphs 47 and 49; Case C-174/04 Commission v Italy [2005] ECR I-4933, paragraphs 30 and 31; and Commission v Netherlands, paragraph 20).