Róisín Shortall (Dublin North West, Social Democrats)
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275. To ask the Minister for Health if he will clarify comments made in respect of the Government retaining a golden share in the new national maternity hospital in view of the 2010 European Court of Justice ruling against Portugal (details supplied) that found that this practice was illegal; and if he will make a statement on the matter. [21104/17]

Simon Harris (Wicklow, Fine Gael)
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I have been advised that the ruling the Deputy is referring to concerned a breach of Article 63 TFEU (Treaty on the Functioning of the European Union), essentially a breach of the free movement of capital. I have also been advised that Article 63 TFEU will not apply to the new company - National Maternity Hospital at Elm Park DAC (limited by shares). Accordingly the ruling has no relevance.