Case C-44/02: Action brought on 15 February 2002 by Commission of the European Communities against Portuguese Republic
Date: 2002-04-20
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, air quality, motor vehicle, pollution control measures, technical regulations, tractor

C 97/4

EN

Official Journal of the European Communities

20.4.2002

(3) Are the same provisions of Regulation 896/2001 incom-
patible with Council Regulation EEC No 404/93 (2) of
13 February 1993 (with subsequent amendments and
additions), in particular with Article 20 thereof?

(4)

If the answer given to the preceding questions is in the
negative, the Court is asked to state whether, by preclu-
ding persons related to traditional operators from being
granted a tariff quota even as ‘non-traditional operators’,
Article 6 of the aforementioned Commission regulation,
in particular subparagraph (c) thereof, conflicts with the
to pursue a professional activity,
fundamental right
viewed in relation to the freedom to conduct a business.

Pleas in law and main arguments

Under the first paragraph of Article 10 and the third paragraph
of Article 249 of the EC Treaty, Member States must adopt the
measures necessary to transpose directives addressed to them
into their domestic law before the expiry of
the period
prescribed for doing so. That period expired on 29 September
2000 without Portugal having brought into force the necessary
provisions.

(1) OJ 2000 L 173, p. 1.

(1) OJ L 126, 8.5.2001, p. 6.
(2) OJ L 47, 25.2.1993, p. 1.

Action brought on 15 February 2002 by Commission of
the European Communities against Portuguese Republic

Action brought on 15 February 2002 by Commission of
the European Communities against Portuguese Republic

(Case C-44/02)

(2002/C 97/08)

(Case C-45/02)

(2002/C 97/09)

An action against
the Portuguese Republic was brought
before the Court of Justice of the European Communities on
15 February 2002 by the Commission of
the European
Communities, represented by Anto´ nio Caeiros, acting as
Agent.

The applicant claims that the Court should:

— Declare that, by failing to adopt and bring into force
within the prescribed period the laws, regulations and
administrative provisions necessary to comply with
Directive 2000/25/EC of the European Parliament and of
the Council of 22 May 2000 on action to be taken against
the emission of gaseous and particulate pollutants by
engines intended to power agricultural or forestry tractors
and amending Council Directive 74/150/EEC(1),
the
Portuguese Republic has failed to fulfil its obligations
under Article 9 of
aforementioned Directive
2000/25/EC; and

the

the Portuguese Republic was brought
An action against
before the Court of Justice of the European Communities on
15 February 2002 by the Commission of
the European
Communities, represented by Anto´ nio Caeiros, acting as
Agent.

The applicant claims that the Court should:

— Declare that, by failing to adopt and bring into force
within the prescribed period the laws, regulations and
administrative provisions necessary to comply with Com-
mission Directive 2000/2/EC of 14 January 2000 adapt-
ing to technical progress Council Directive 75/322/EEC
relating to the suppression of radio interference produced
by spark-ignition engines fitted to wheeled agricultural
or forestry tractors and Council Directive 74/150/EEC
relating to the type-approval of wheeled agricultural or
forestry tractors (1), the Portuguese Republic has failed
to fulfil
its obligations under Article 4 of Directive
2000/2/EC;

— In the alternative, declare that, by failing to inform the
Commission of such provisions, the Portuguese Republic
has failed to fulfil its obligations under Article 9 of the
aforementioned Directive 2000/25/EC;

— In the alternative, declare that, by failing to inform
the Commission immediately of such provisions, the
Portuguese Republic has failed to fulfil its obligations
under Article 4 of Directive 2000/2/EC;

— Order the Portuguese Republic to pay the costs.

— Order the Portuguese Republic to pay the costs.