Case C-284/07: Action brought on 12 June 2007 — Commission of the European Communities v Portuguese Republic
Date: 2007-08-04
Institutions: Court of Justice
Subjects: European Commission, Portugal, Publications Office of the European Union, action for failure to fulfil an obligation, award of contract, dissemination of information, national implementing measure, public contract

C 183/24

EN

Official Journal of the European Union

4.8.2007

Action brought on 5 June 2007 — Commission of the
European Communities v Portuguese Republic

Action brought on 7 June 2007 — Commission of the
European Communities v Republic of Lithuania

(Case C-266/07)

(2007/C 183/41)

Language of the case: Portuguese

(Case C-274/07)

(2007/C 183/42)

Language of the case: Lithuanian

Parties

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

Defendant: Portuguese Republic

Form of order sought

— declare that, by permitting the incineration of hospital waste
in incineration plants which do not have a valid permit, the
Portuguese Republic has failed to fulfil its obligations under
Article 4 of Directive 2000/76/EC (1) of 4 December 2000
on the incineration of waste or, in the alternative, Article 9
of Directive 2006/12/EC (2) of 5 April 2006 on waste;

— order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

According to the interpretation of Article 3 of Directive
2000/76/EC read in conjunction with Article 20(2) of
that
directive, the incinerator in question is a new incinerator for the
purposes of the application of Directive 2000/76/EC, with the
result that the directive is applicable to the incinerator in the
Parque da Saúde in Lisbon. The incinerator could start to func-
tion only after a permit was obtained by meeting the conditions
laid down in Article 4 of that directive. The Portuguese authori-
ties have not respected that requirement.

In any case, even if it is to be considered, quod non, that the
incinerator in question should be classed as an ‘existing incine-
rator’ for the purposes of Directive 2000/76/EC and that, conse-
quently, that directive was not applicable to it, its functioning
was subject to obtaining a permit in advance in accordance with
Article 9(1) of Directive 2006/12/EC.

(1) OJ 2000 L 332, p. 91.
(2) OJ 2006 L 114, p. 9.

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Braun and A. Steiblytė, acting as Agents)

Defendant: Republic of Lithuania

Form of order sought

— declare that, by not managing to ensure in practice that
authorities handling emergencies are, to the extent techni-
cally feasible, given caller location information for all callers
single European emergency call number 112
to the
the
networks
public
when
Republic of Lithuania has failed to fulfil its obligations under
Article 26(3) of Directive 2002/22/EC (1) on universal
service and users' rights relating to electronic communica-
tions networks and services (Universal Service Directive);

telephone

used,

are

— order the Republic of Lithuania to pay the costs.

Pleas in law and main arguments

The period for
expired on 24 July 2003.

transposing the directive into national

law

(1) OJ L 108, 24.4.2002, p. 51.

Action brought on 12 June 2007 — Commission of the
European Communities v Portuguese Republic

(Case C-284/07)

(2007/C 183/43)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Caeiros and D. Kukovec, acting as Agents)

Defendant: Portuguese Republic

4.8.2007

EN

Official Journal of the European Union

C 183/25

Form of order sought

— principally, declare that, by failing to adopt the laws, regula-
tions and administrative provisions necessary to transpose
Commission Directive 2005/51/EC (1) of 7 September 2005
amending Annex XX to Directive 2004/17/EC and Annex
VIII to Directive 2004/18/EC of the European Parliament
the Portuguese
and the Council on public procurement,
Republic has failed to fulfil
its obligations under the first
paragraph of Article 3 of Directive 2005/51/EC;

— or, declare that, by failing in any event to communicate
those provisions
the Portuguese
to the Commission,
Republic has failed to fulfil its obligations under that same
provision;

— order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 31 January 2006.

(1) OJ 2005 L 257, p. 127.

Action brought on 14 June 2007 — Commission of the
European Communities v Portuguese Republic

(Case C-289/07)

(2007/C 183/44)

Language of the case: Portuguese

Directive 2004/17/EC (1) of the European Parliament and of
the Council of 31 March 2004 coordinating the procure-
ment procedures of entities operating in the water, energy,
the Portuguese
services
transport
Republic has failed to fulfil
its obligations under the first
subparagraph of Article 71(1) of Directive 2004/17/EC;

and postal

sectors,

— or, declare that, by failing in any event to communicate
those provisions
the Portuguese
to the Commission,
Republic has failed to fulfil its obligations under that same
provision;

— order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 31 January 2006.

(1) OJ 2004 L 134, p. 1.

Appeal brought on 14 June 2007 by Commission of the
European Communities against the judgment of the Court
of First Instance (First Chamber) delivered on 29 March
2007 in Case T-366/00: Scott S. A, supported by the
v Commission
European
French Republic
Communities

the

of

(Case C-290/07 P)

(2007/C 183/45)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Caeiros and D. Kukovec, acting as Agents)

Defendant: Portuguese Republic

Parties

Form of order sought

Appellant: Commission of the European Communities (repre-
sented by: J. Flett, Agent)

— principally, declare that, by failing to adopt the laws, regula-
tions and administrative provisions necessary to transpose

Other parties to the proceedings: Scott SA, French Republic