Judgment — ECLI:EU:C:2007:307
Date: 2007-05-24
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Portugal

Judgment of the Court (Sixth Chamber) of 24 May 2007 - Commission of the European Communities v Portuguese Republic (Case C-375/06) 1 (Failure of Member State to fulfil obligations - Directive 2003/105/EC - Protection of workers - Control of major-accident hazards involving dangerous substances - Failure to transpose within the prescribed period) Language of the case: Portuguese Parties Applicant: Commission of the European Communities (represented by: A. Caeiros and B. Schima, acting as Agents) Defendant: Portuguese Republic (represented by: L. Fernandes and F. Fraústo de Azevedo, Agents) Re: Failure of Member State to fulfil obligations - Failure to take within the prescribed period the measures necessary to comply with Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (OJ 2003 L 345, p. 97) Operative part of the judgment The Court: 1. Declares that, by not adopting, within the prescribed period, the laws regulations and administrative provisions necessary to comply with Article 2 of Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances, the Portuguese Republic has failed to fulfil its obligations under that directive. 2. Orders the Portuguese Republic to pay the costs. ____________ 1 - OJ C 261 of 28.10.2006