Case C-50/04: Action brought on 9 February 2004 by the Commission of the European Communities against the Portuguese Republic
Date: 2004-03-20
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, approximation of laws, motor vehicle, third-party insurance

20.3.2004

EN

Official Journal of the European Union

C 71/17

The Commission of the European Communities claims that
the Court should:

The applicant claims that the Court should:

1.

declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with

— Directive 1999/45/EC of the European Parliament
and of the Council of 31 May 1999 concerning
the approximation of the laws, regulations and
administrative provisions of
the Member States
relating to the classification, packaging and labelling
of dangerous preparations (1) and

the European Parliament and of

— Commission Directive 2001/60/EC of 7 August
2001 adapting to technical progress Directive 1999/
45/EC of
the
Council concerning the approximation of the laws,
regulations and administrative provisions of the
Member States relating to the classification, packag-
ing and labelling of dangerous preparations (2),

or, in any event, by failing to notify the Commission of
those provisions, the French republic has failed to fulfil
its obligations under those directives;

— declare, principally, that, by having failed to adopt the
laws, regulations and administrative provisions needed in
order to comply with Directive 2000/76/EC (1)of the
European Parliament and of the Council of 4 December
the Portuguese
2000 on the incineration of waste,
Republic has
its obligations under
Article 21(1) of Directive 2000/76/EEC;

failed to fulfil

— declare, in the alternative, that by failing to have immedi-
ately informed the Commission of any such provisions,
the Portuguese Republic has failed to fulfil its obligations
under Article 21(1) of Directive 2000/76/EEC;

— order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of the Directive expired
on 28 December 2002.

2.

order the French Republic to pay the costs.

(1) OJ L 332 of 28.12.2000, p. 91.

Pleas in law and main arguments

The period prescribed for implementation of
directives expired on 30 July 2002.

those two

(1) OJ 1999 L 200, p. 1.
(2) OJ 2002 L 226, p. 5.

Action brought on 6 February 2004 by the Commission
of the European Communities against the Portuguese
Republic

(Case C-48/04)

(2004/C 71/29)

the Portuguese Republic was brought
An action against
before the Court of Justice of the European Communities
on 6 February 2004 by the Commission of the European
Communities, represented by A. Caeiros and M. Konstantinidis,
acting as Agents, with an address for service in Luxembourg.

Action brought on 9 February 2004 by the Commission
of the European Communities against the Portuguese
Republic

(Case C-50/04)

(2004/C 71/30)

An action against
the Portuguese Republic was brought
before the Court of Justice of the European Communities
on 9 February 2004 by the Commission of the European
Communities, represented by Enrico Traversa and Gonçalo
Braga da Cruz, acting as Agents, with an address for service in
Luxembourg.

The applicant claims that the Court should:

— declare that, by maintaining in force Article 508(1) of the
Portuguese Civil Code, the Portuguese Republic has failed
to fulfil its obligations under Article 1(2) of Directive 84/
5/EEC (1) of 30 December 1983 on the approximation of
the laws of the Member States relating to insurance
against civil
liability in respect of the use of motor
vehicles;

C 71/18

EN

Official Journal of the European Union

20.3.2004

— order the Portuguese Republic to pay the costs of this

action.

Action brought on 10 February 2004 by the Commission
of the European Communities against the French Republic

Pleas in law and main arguments

The Portuguese rule in Article 508 of the Civil Code, which
provides, essentially in so far as it deals with strict liability, for
maximum amounts of compensation which are lower than
the minimum guarantee amounts laid down in the Second
Compulsory Motor Insurance Directive, is incompatible with
that Directive.

(1) OJ L 8 of 11.1.1984, p. 17.

Action brought on 10 February 2004 by the Commission
of the European Communities against the Republic of
Austria

(Case C-54/04)

(2004/C 71/31)

(Case C-55/04)

(2004/C 71/32)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 10 February
2004 by the Commission of the European Communities,
represented by A. Borde, acting as Agent, with an address for
service in Luxembourg.

The Commission of the European Communities claims that
the Court should:

1.

declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Council Directive 2002/11/EC of 14 February 2002 on
the marketing of material for the vegetative propagation
of the vine and repealing Directive 74/649/EEC (1), and
in any event by failing to notify them to the Commission,
the French Republic has failed to fulfil its obligations
under that directive;

2.

order the French Republic to pay the costs

An action against
the Republic of Austria was brought
before the Court of Justice of the European Communities on
10 February 2004 by the Commission of
the European
Communities, represented by Ulrich Wölker and Gregorio
Valero Jordana, acting as Agents, with an address for service in
Luxembourg.

Pleas in law and main arguments

The period prescribed for the transposition of that directive
expired on 23 February 2003.

The applicant claims that the Court should:

(1) OJ 2002 L 53, p. 20.

1.

declare that, by failing to adopt the laws, regulations
and administrative measures necessary to comply with
Directive 2001/80/EC of the European Parliament and of
the Council of 23 October 2001 on the limitation of
emissions of certain pollutants into the air from large
combustion plants (1), or,
in any event, by failing to
inform the Commission thereof, the Republic of Austria
has failed to fulfil its obligations under that directive;

2.

order the Republic of Austria to pay the costs.

Pleas in law and main arguments

The period for transposition of the directive expired on
27 November 2002.

(1) OJ 2001 L 309, p. 1.

Action brought on 11 February 2004 by the Commission
of the European Communities against the French Republic

(Case C-59/04)

(2004/C 71/33)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 11 February
2004 by the Commission of the European Communities,
represented by K. Banks, acting as Agent, with an address for
service in Luxembourg.