Case C-70/06: Action brought on  7 February 2006  — Commission of the European Communities v Portuguese Republic
Date: 2006-04-08
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, award of contract, enforcement of ruling, fine, judgment of the Court (EU), national implementing measure, public contract, supplies contract, works contract

8.4.2006

EN

Official Journal of the European Union

C 86/15

Having regard to the differences in various language versions in
the wording of Council Directive 92/83/EEC (1) of 19 October
1992 on the harmonisation of the structures of excise duties
on alcohol and alcoholic beverages, is Article 27(1)(f) of that
directive to be understood as imposing an obligation on
Member States to exempt
from excise duty ethyl alcohol
imported into the customs territory of the European Commu-
nities and contained in chocolate products intended for direct
use, where the alcohol content does not exceed 8.5 litres for
every 100 kilograms of the chocolate products?

sanctions for infringements of the Regulation which are effec-
tive, proportionate and dissuasive.

(1) Regulation (EC) No 261/2004 of the European Parliament and of
the Council of 11 February 2004 establishing common rules on
compensation and assistance to passengers in the event of denied
boarding and of cancellation or long delay of flights, and repealing
Regulation (EEC) No 295/91 (OJ 2004 L 46, p. 1).

(1) OJ L 316, p. 21.

Action brought on 7 February 2006 — Commission of the
European Communities v Portuguese Republic

(Case C-70/06)

(2006/C 86/28)

(Language of the case: Portuguese)

Action brought on 6 February 2006 by the Commission of
the Kingdom of
the European Communities against

Belgium

(Case C-65/06)

(2006/C 86/27)

(Language of the case: Dutch)

Parties

Justice of

An action against the Kingdom of Belgium was brought before
the Court of
the European Communities on 6
February 2006 by the Commission of the European Commu-
nities, represented by Ramón Vidal Puig and Wouter Wils,
acting as Agents, with an address for service in Luxembourg.

Applicant(s): Commission of the European Communities (repre-
sented by: Xavier Lewis and António Caeiros)

Defendant(s): Portuguese Republic

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

The applicant claims that the Court should:

1. declare that, by not laying down sanctions for infringements
of Regulation (EC) No 261/2004 (1) of the European Parlia-
ment and of the Council of 11 February 2004, the Kingdom
of Belgium has failed to fulfil its obligations under Article
16(3) of that regulation;

2. order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

Article 16(3) of Regulation No 261/2004 provides: ‘The sanc-
tions laid down by Member States for infringements of this
Regulation shall be effective, proportionate and dissuasive’.
Article 19 provides that Regulation No 261/2004 was to enter
into force on 17 February 2005. According to the information
before the Commission, Belgium has not as yet laid down any

— declare that, by having failed to take the measures necessary
to comply with the judgment of the Court of Justice of the
European Communities of 14 October 2004 in Case C-
275/03 Commission v Portuguese Republic [2004] ECR I-
0000, concerning the transposition into domestic law of
Council Directive 89/665/EEC (1) of 21 December 1989 on
the coordination of the laws, regulations and administrative
provisions relating to the application of review procedures
to the award of public supply and public works contracts,
the Portuguese Republic has failed to fulfil its obligations
under Article 228(1) of the EC Treaty;

— order the Portuguese Republic to pay to the Commission,
into the account
‘European Community own resources’,
mentioned in Article 9 of Council Regulation (EC, Euratom)
No 1150/2000, (2) a penalty payment of EUR 21 450 for
every day of delay in complying with the judgment in Case
C-275/03 from the day on which the Court of Justice deli-
vers judgment in the present case until the day on which
the judgment in Case C-275/03 is complied with;

C 86/16

EN

Official Journal of the European Union

8.4.2006

— order the Portuguese Republic to pay the costs.

2. order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

the draft

According to the Commission,
law on the non-
contractual civil liability of the State and other public bodies
put before the Assembly of the Republic by the Portuguese
Government does not provide the measures necessary to
comply with the judgment of the Court of Justice of the Euro-
pean Communities of 14 October 2004 in Case C-275/03
Commission v Portuguese Republic; no other measures whatsoever
to comply with that judgment having been communicated to
it, the Commission takes the view that the Portuguese Republic
has failed to fulfil its obligations under Article 228(1) EC.

The period allowed for transposition into domestic law of
Directive 2003/9 expired on 6 February 2005.

(1) OJ L 31, p. 18.

(1) OJ L 395, p. 33.
(2) Of 22 May 2000 implementing Decision 94/728/EC, Euratom on
the system of the Communities' own resources (OJ L 130, p. 1).

Action brought on 10 February 2006 by the Commission
of the European Communities against the French Republic

Action brought on 8 February 2006 by the Commission of
the Portuguese
the European Communities

against

Republic

(Case C-75/06)

(2006/C 86/29)

(Language of the case: Portuguese)

An action against the Commission of the European Commu-
nities was brought before the Court of Justice of the European
Communities on 8 February 2006, by the Portuguese Republic,
represented by Carmel O'Reilly and Piedade Costa de Oliveira,
acting as Agents, with an address for service in Luxembourg

The applicant claims that the Court should:

1. declare that, by having failed to adopt the laws, regulations
and administrative provisions necessary to comply with
Council Directive 2003/9/EC (1) of 27 January 2003 laying
down minimum standards for the reception of asylum
seekers or, in any event, by having failed to communicate
them to the Commission, the Portuguese Republic has failed
to fulfil its obligations under Directive 2003/9/EC;

(Case C-79/06)

(2006/C 86/30)

(Language of the case: French)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 10 February
2006 by the Commission of the European Communities, repre-
sented by M. Heller, acting as Agent, with an address for
service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by failing to take the measures necessary to
comply with the judgment of the Court of Justice of the
European Communities of 27 November 2003 in Case C-
429/01, (1)
transpose Directive
90/219/EEC (2) correctly and in full, the French Republic has
failed to fulfil
its obligations under Article 228(1) of the
Treaty establishing the European Community;

regarding

failure

to

2. order the French Republic to pay to the Commission of the
European Communities,
for the ‘European Community's
own resources’ account, a fine of EUR 168 000 per day of
delay in complying with the judgment in Case C-429/01,
from the date of judgment herein until the judgment in
Case C-429/01 is complied with;

3. order the French Republic to pay the costs.