Case C-375/06: Action brought on 14 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, dangerous substance, environmental risk prevention, industrial hazard, national implementing measure, public health, safety standard

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