Judgment — ECLI:EU:C:2007:79
Date: 2007-02-01
Language of the case: Portuguese
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Animal feedingstuffs
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Portugal

Judgment of the Court (Seventh Chamber) of 1 February 2007 - Commission of the European Communities v Portuguese Republic (Case C-324/06) 1 (Failure by a Member State to fulfil its obligations - Directive 2004/116/EC - Inclusion of the yeast Candida guilliermondii in Annex I to Directive 82/471/ECC -Failure to adopt necessary measures) Language of the case: Portuguese Parties Applicant: Commission of the European Communities (represented by: A. Szmytkowska and P. Guerra e Andrade, acting as Agents) Defendant: Portuguese Republic (represented by: L. Fernandes and F. Fraústo de Azevedo, acting as Agents) Re: Failure by a Member State to fulfil its obligations - Failure to adopt, within the period prescribed, all the measures necessary to comply with Commission Directive 2004/116/EC of 23 December 2004 amending the Annex to Council Directive 82/471/EEC as regards the inclusion of Candida guilliermondii (OJ 2004 L 379, p. 81) Operative part of the judgment The Court: 1. Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission Directive 2004/116/EC of 23 December 2004 amending the Annex to Council Directive 82/471/EEC as regards the inclusion of Candida guilliermondii, the Portuguese Republic has failed to fulfil its obligations under Article 2(1) of that directive; 2. Orders the Portuguese Republic to pay the costs. ____________ 1 - OJ C 224 of 16.09.2006.