Case C-48/04: Action brought on 6 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, waste incineration

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;