# C_2008064EN.01000602.xml

| 8.3.2008 | EN | Official Journal of the European Union | C 64/6 |
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8.3.2008

EN

Official Journal of the European Union

C 64/6

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Judgment of the Court (First Chamber) of 10 January 2008 — Commission of the European Communities v Portuguese Republic

(Case C-70/06) (1)

1

(Failure of a Member State to fulfil obligations - Judgment of the Court establishing the failure of a Member State to fulfil its obligations - Non-compliance - Financial penalty)

(2008/C 64/07)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: X. Lewis, A. Caeiros and P. Andrade, Agents)

Applicant:

Defendant: Portuguese Republic (represented by: L. Fernandes, P. Fragoso Martins and J. A. de Oliveira, Agents)

Defendant:

Re:

Failure of a Member State to fulfil obligations — Article 228 EC — Failure to comply with the judgment of the Court of Justice of 14 October 2004 in Case C-275/03 — Imperfect transposition into domestic law of Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ 1989 L 395, p. 33) — Request that a penalty should be fixed

Operative part of the judgment

The Court:

| 1) | Declares that, by failing to repeal Decree-Law No 48 051 of 21 November 1967, making the award of damages to persons injured by a breach of Community law relating to public contracts, or the national laws implementing it, conditional on proof of fault or fraud, the Portuguese Republic has failed to adopt the measures necessary to comply with the judgment of 14 October 2004 in Case C-275/03 Commission v Portugal and has thereby failed to fulfil its obligations under Article 228(1) EC; |
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1)

Declares that, by failing to repeal Decree-Law No 48 051 of 21 November 1967, making the award of damages to persons injured by a breach of Community law relating to public contracts, or the national laws implementing it, conditional on proof of fault or fraud, the Portuguese Republic has failed to adopt the measures necessary to comply with the judgment of 14 October 2004 in Case C-275/03 Commission v Portugal and has thereby failed to fulfil its obligations under Article 228(1) EC;

Commission

Portugal

| 2) | Orders the Portuguese Republic to pay to the Commission of the European Communities, into the account ‘European Community own resources’, a penalty payment of EUR 19 392 for every day of delay in implementing the measures necessary to comply with the judgment in Case C-275/03 Commission v Portugal, from the day on which the Court of Justice delivers judgment in the present case until the day on which the judgment in Case C-275/03 Commission v Portugal is complied with; |
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2)

Orders the Portuguese Republic to pay to the Commission of the European Communities, into the account ‘European Community own resources’, a penalty payment of EUR 19 392 for every day of delay in implementing the measures necessary to comply with the judgment in Case C-275/03 Commission v Portugal, from the day on which the Court of Justice delivers judgment in the present case until the day on which the judgment in Case C-275/03 Commission v Portugal is complied with;

Commission

Portugal

Commission

Portugal

| 3) | Orders the Portuguese Republic to pay the costs. |
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3)

Orders the Portuguese Republic to pay the costs.

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(1)  OJ C 86, 8.4.2006.

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