Judgment — ECLI:EU:C:2009:175
Date: 2009-03-19
Language of the case: Portuguese
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Right of establishment;Freedom to provide services;Free movement of workers
Concepts: General
Procedure: Action for failure to fulfil obligations - successful
Origin: Portugal

Judgment of the Court (Eighth Chamber) of 19 March 2009 – Commission v Portugal (Case C‑245/08) Failure of a Member State to fulfil obligations – Freedom of movement of persons – Freedom to provide services – Right of establishment – Adjustments consequent on the accession of the Republic of Bulgaria and Romania 1. Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 10) 2. Freedom of movement for persons – Amendment of secondary legislation by reason of the accession of Bulgaria and Romania – Directive 2006/100 (Art. 226 EC; Council Directive 2006/100) (see paras 9-12, operative part) Re: Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141). Operative part The Court: 1. Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania, 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.