The European Commission will send a last warning to Luxembourg, before the denunciation before the Court of the EU, so that it changes the provisions of his contract of concession with the operator of satellites SES Astra, since it breaks the European laws on capital movement and freedom of establishment.
The concession contract between the Great Duchy of Luxembourg and SES Astra manages the operation of the orbital positions granted to this country and imposes restrictions with respect to the possession of action of SES Astra and of its company mother, Global SES, the Commission in an official notice remembered today.
More in particular, the concession contract stipulates that at least 79.9% of the actions of SES Astra must be in the hands of Global SES and that the Luxemburgish Government can block the direct or indirect possession by one or several shareholders who operate together of more of 20.1% of the actions.
The communitarian Executive considers, by virtue of some sentences of the European Court, that can only be allowed to restrictions to the free movement of capital and the right of establishment for reasons of policy or public security or by general interest.
Although the Commission does not dispute the objectives that the Luxemburgish Government looks for, he assured not to understand the relevance and the effectiveness of the control the possession of action for the public interest.
For that reason, he thinks that other less restrictive mechanisms would be more appropriate to secure those objectives of public interest.
If the Luxemburgish authorities do not give a satisfactory answer within two months after to have received the opinion, the Commission can put under the case the Court of the EU.