EuGH · C-518/09

Subject of the case Operative part Subject of the case Re: Failure of a Member State to fulfil obligations – Infringement of Articles 49 TFEU and 56 TFEU – Carrying on business in property transactions. Operative part Operative part The Court: 1. Declares that, – by permitting the business of real property brokerage to be carried out only within estate agencies; – by requiring real property brokerages and estate agents established in other Member States to cover their professional liability by taking out insurance compatible with Portuguese legislation; – by requiring real property brokerages established in other Member States to hold positive equity in accordance with that legislation, and – by making real property brokerages and estate agents established in other Member States subject to the full disciplinary control of the Instituto de Construção e do Imobiliário IP, the Portuguese Republic has failed to fulfil its obligations under Article 56 TFEU, and – by requiring real property brokerages to carry out exclusively the business of real property brokerage, with the exception of the management of real property on behalf of third parties, and – by requiring estate agents to carry out exclusively the business of estate agency, the Portuguese Republic has failed to fulfil its obligations under Articles 49 TFEU and 56 TFEU; 2. Orders the Portuguese Republic to pay the costs.