Judgment of the Court 4 June 2002 in Case C-367/98: Commission of the European Communities v Portuguese Republic (Failure by a Member State to fulfil its obligations — Articles 52 of the EC Treaty (now, after amendment, Article 43 EC) and 73b of the EC Treaty (now Article 56 EC) — System of administrative authorisation relating to privatised undertakings)
Date: 2002-07-13
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, privatisation, regulation of investments, shareholding

13.7.2002

EN

Official Journal of the European Communities

C 169/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

4 June 2002

in Case C-367/98: Commission of the European Communi-
ties v Portuguese Republic (1)

(Failure by a Member State to fulfil its obligations —
Articles 52 of the EC Treaty (now, after amendment,
Article 43 EC) and 73b of the EC Treaty (now Article 56
EC) — System of administrative authorisation relating to
privatised undertakings)

(2002/C 169/01)

(Language of the case: Portuguese)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-367/98, Commission of the European Communities
(Agents: initially A. Caeiro, and, subsequently, F. Benyon and
F. de Sousa Fialho) v Portuguese Republic (Agents: initially
L. Fernandes and L. Bigotte Chora˜o, and, subsequently, L. Fer-
nandes and J. Vasconcelos): Applications for a declaration that,
by adopting and maintaining in force Law No 11/90 of 5 April
1990, being the framework law on privatisations (Dia´rio da
Repu´ blica I, Series A, No 80, of 5 April 1990, p. 1664),
in particular Article 13(3) thereof, the decree-laws on the
privatisation of undertakings subsequently adopted in appli-
cation of that Law and also Decree-Laws Nos 380/93 of
15 November 1993 (Dia´rio da Repu´ blica I, Series A, No 267,
of 15 November 1993, p. 6362) and 65/94 of 28 February

the EC Treaty,

1994 (Dia´rio da Repu´ blica I, Series A, No 49, of 28 February
1994, p. 993), the Portuguese Republic has failed to comply
with its obligations under
in particular
Articles 52 (now, after amendment, Article 43 EC), 56 (now,
after amendment, Article 46 EC), 58 (now Article 48 EC), 73b
(now Article 56 EC) et seq. and 221 (now, after amendment,
Article 294 EC) thereof, and Articles 221 and 231 of the Act
concerning the conditions of accession of the Kingdom of
Spain and the Portuguese Republic and the adjustments to the
the Court, composed
Treaties (OJ 1985 L 302, p. 23),
of: G.C. Rodrı´guez Iglesias, President, P. Jann (Rapporteur),
N. Colneric and S. von Bahr (Presidents of Chambers), C. Gul-
mann, D.A.O. Edward, A. La Pergola,
J.-P. Puissochet,
R. Schintgen, V. Skouris and J.N. Cunha Rodrigues, Judges;
D. Ruiz-Jarabo Colomer, Advocate General; H.A. Rühl, Princi-
pal Administrator, for the Registrar, has given a judgment on
4 June 2002, in which it:

1. Declares that, by adopting and maintaining in force Law
No 11/90 of 5 April 1990, being the framework law on
privatisations, in particular Article 13(3) thereof, the decree-
laws on the privatisation of undertakings subsequently adopted
in application of that Law and also Decree-Laws Nos 380/93
of 15 November 1993 and 65/94 of 28 February 1994, the
Portuguese Republic has failed to comply with its obligations
under Article 73b of the EC Treaty (now Article 56 EC);

2. Dismisses the remainder of the action;

3. Orders the Portuguese Republic to pay the costs.

(1) OJ C 397 of 19.12.1998.