Case C-370/06: Action brought on 8 September 2006 — Commission of the European Communities v Portuguese Republic
Date: 2006-10-28
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, branch, credit institution, liquidation, national implementing measure

28.10.2006

EN

Official Journal of the European Union

C 261/15

It
infringed essential procedural requirements by failing to
grant the applicant a period in which to put the application in
order, in breach of Article 44(6) of the Rules of Procedure of
the Court of First Instance, misapplying Article 111 thereof to
the present case and failing to hear the applicant before
declaring the action inadmissible, in breach of the principle of
the right to be heard which applies in all proceedings.

It infringed the principle of non-discrimination by denying the
legal representative (letrado) of the Generalidad Valenciana a
right which has been undisputed in previous cases in respect of
representatives who have appeared before the Community
courts in that same capacity.

Action brought on 8 September 2006 — Commission of
the European Communities v Republic of Austria

(Case C-369/06)

(2006/C 261/27)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: T. Scharf and K. Gross, Agents)

Defendant: Republic of Austria

Action brought on 7 September 2006 — Commission of
the European Communities v United Kingdom of Great
Britain and Northern Ireland

Form of order sought

(Case C-367/06)

(2006/C 261/26)

Language of the case: English

Parties

— declare that, by failing to transpose Commission Directive
2000/52/EC of 26 July 2000 amending Directive
80/723/EEC on the transparency of
relations
between Member States and public undertakings (1),
the
Republic of Austria has failed to fulfil its obligations under
both Article 2 of the Directive and the third paragraph of
Article 249 EC;

financial

— order the Republic of Austria to pay the costs.

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell, agent)

Pleas in law and main arguments

Defendant: United Kingdom of Great Britain and Northern
Ireland

The period prescribed for transposition of the Directive expired
on 31 July 2001.

(1) OJ 2000 L 193, p. 75.

The applicant claims that the Court should:

— declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2003/41/EC of the European Parliament and of the
Council of 3rd June 2003 (1) on the activities and supervi-
sion of institutions for occupational retirement provision,
or in any event by failing to notify those provisions to the
its
Commission, the United Kingdom has failed to fulfil
obligations under the Directive; and

— order United Kingdom of Great Britain and Northern

Ireland to pay the costs.

Action brought on 8 September 2006 — Commission of
the European Communities v Portuguese Republic

(Case C-370/06)

(2006/C 261/28)

Pleas in law and main arguments

Language of the case: Portuguese

The period within which the directive had to be transposed
expired on 23 September 2005.

Parties

(1) OJ L 235, 23.09.2003, p. 10 - 21

Applicant: Commission of the European Communities (repre-
sented by: D. Maidani and P. Andrade, Agents)

Defendant: Portuguese Republic

C 261/16

EN

Official Journal of the European Union

28.10.2006

Form of order sought

Pleas in law and main arguments

— a declaration that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2001/24/EC (1) of the European Parliament and of
the Council of 4 April 2001 on the reorganisation and
winding up of credit institutions or, in any case, by failing
to communicate them to the Commission, the Portuguese
Republic has failed to fulfil its obligations under that direc-
tive;

— an order that the Portuguese Republic should pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of that directive into
domestic law expired on 1 July 2005.

(1) OJ 2003 L 345, p. 97

The period allowed for transposition of
domestic law expired on 5 May 2004.

the directive into

Action brought on 14 September 2006 — Commission of
the European Communities v Portuguese Republic

(1) OJ 2001 L 125, p. 15

(Case C-376/06)

(2006/C 261/30)

Language of the case: Portuguese

Action brought on 14 September 2006 — Commission of
the European Communities v Portuguese Republic

(Case C-375/06)

(2006/C 261/29)

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Caeiros and J.-B. Laignelot, Agents)

Defendant: Portuguese Republic

Language of the case: Portuguese

Form of order sought

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Caeiros and B. Schima, Agents)

Defendant: Portuguese Republic

Form of order sought

— primarily, a declaration that, by failing to adopt the laws,
regulations and administrative provisions necessary to
comply with Directive 2003/105/EC (1) of the European
Parliament and of
the Council of 16 December 2003
amending Council Directive 96/82/EC on the control of
major-accident hazards involving dangerous substances, the
Portuguese Republic has failed to fulfil its obligation under
Article 2 of Directive 2003/105/EC;

— or, alternatively, a declaration that by failing forthwith to
inform the Commission of such provisions, the Portuguese
Republic has failed to fulfil its obligation under Article 2 of
that directive;

— an order that the Portuguese Republic should pay the costs.

— primarily, a declaration that, by failing to adopt the laws,
regulations and administrative provisions necessary to
comply with Directive 2001/42/EC (1) of
the European
Parliament and of the Council of 27 June 2001 on the
assessment of the effects of certain plans and programmes
on the environment, the Portuguese Republic has failed to
fulfil its obligations under Directive 2001/42/EC;

— or, in the alternative, a declaration that, by failing forthwith
to inform the Commission of such measures, the Portu-
guese Republic has failed to fulfil
its obligations under
Article 13 of Directive 2001/42/EC;

— an order that the Portuguese Republic should pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of the directive into
domestic law expired on 21 July 2004.

(1) OJ 2001 L 197, p. 30