Commission asks Lithuania to abolish the priority right for leasing public port land
In Lithuania, a 1996 law, as amended, governs the land lease in maritime ports The European Commission has sent a reasoned opinion to Lithuania for maintaining a priority right for cargo-handling operators renewing their port land lease contract upon its expiry. Cargo-handling operators from other Member States wishing to establish themselves in Lithuania might be discouraged from doing so because of the barrier this provision raises on the market for cargo-handling services. This is the second stage in the infringement procedure. If Lithuania fails to react satisfactorily, the Commission may refer the matter to the EU Court of Justice.The EU rulesThe European Union requires the elimination of restrictions on freedom of establishment. The Treaty precludes any national measure which, even though not discriminatory on grounds of nationality, is liable to hinder or render less attractive the exercise of the freedom of establishment that is guaranteed by the Treaty.The access to port land is a precondition for providing cargo-handling services1. As a consequence, in principle, it also is a precondition for choosing the place of establishment in an EU port by cargo-handling operators. Therefore, a competitive, transparent, non-discriminatory and reviewable procedure for land leasing is the best way of securing a ...
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