Case C-90/06: Action brought on  14 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, national implementing measure, noise, noise pollution, noise protection, pollution control measures

8.4.2006

EN

Official Journal of the European Union

C 86/19

Action brought on 14 February 2006 by the Commission
the Portuguese
of

the European Communities against

Republic

(Case C-90/06)

(2006/C 86/35)

(Language of the case: Portuguese)

Justice of

An action against the Portuguese Republic was brought before
the Court of
the European Communities on 14
February 2006 by the Commission of the European Commu-
nities, represented by António Caeiros and Amparo Alcover,
acting as Agents, with an address for service in Luxembourg.

February 2006 by the Commission of the European Commu-
nities, represented by María Amparo Alcover San Pedro and
Dr. Bernhard Schima, acting as Agents, with an address for
service in Luxembourg.

The applicant claims that the Court should:

1. declare that, by failing to introduce the laws, regulations
and administrative provisions necessary to implement
Commission Directive 2003/73/EC of 24 July 2003
amending Annex III to Directive 1999/94/EC (1) and, in any
event, by failing to communicate them to the Commission,
its obligations
the Republic of Austria has failed to fulfil
under Article 2(1) of that directive;

2. order the Republic of Austria to pay the costs.

The applicant claims that the Court should:

Pleas in law and main arguments

— declare, principally, that, in having failed to adopt the laws,
regulations and administrative provisions needed in order
to comply with Directive 2002/49/EC (1) of the European
Parliament and of the Council of 25 June 2002 relating to
the assessment and management of environmental noise,
the Portuguese Republic has failed to fulfil its obligations
under Article 14(1) of that directive;

— declare, in the alternative, that, in having omitted to inform
the Commission immediately of any such provisions, the
Portuguese Republic has failed to fulfil its obligations under
Article 14(1) of Directive 2002/49/EC;

— order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for
2002/49 expired on 18 July 2004.

transposition of

the Directive

(1) OJ L 189 of 18.7.2002, p. 12.

The period prescribed for transposing the Directive expired on
25 July 2004.

(1) OJ L 186, 25.07.2003, p. 34.

Action brought on 14 February 2006 by the Commission
of the European Communities against the Republic of
Austria

(Case C-94/06)

(2006/C 86/37)

(Language of the case: German)

Action brought on 14 February 2006 by the Commission
of the European Communities against the Republic of
Austria

(Case C-93/06)

(2006/C 86/36)

(Language of the case: German)

An action against the Republic of Austria was brought before
the European Communities on 14
the Court of

Justice of

Justice of

An action against the Republic of Austria was brought before
the Court of
the European Communities on 14
February 2006 by the Commission of the European Commu-
nities, represented by M. Amparo Alcover San Pedro and B.
Schima, acting as Agents, with an address for service in Luxem-
bourg.

The Commission claims that the Court should:

1. declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2002/49/EC (1) of the European Parliament and of the
Council of 25 June 2002 on the assessment and manage-
ment of environmental noise or, in any event, by failing to
communicate those provisions to the Commission,
the
Republic of Austria has failed to fulfil its obligations under
Article 14(1) of that directive;