Case C-75/06: Action brought on  8 February 2006  by the Commission of the European Communities against the Portuguese Republic
Date: 2006-04-08
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, admission of aliens, national implementing measure, political asylum

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.