Case T-378/08: Action brought on 10 September 2008 — Portugal v Commission
Date: 2008-09-10
Institutions: Court of First Instance
Subjects: EU act, Portugal, action for failure to fulfil an obligation, infringement of EU law, professional qualifications

8.11.2008

EN

Official Journal of the European Union

C 285/51

Action brought on 10 September 2008 — Portugal v
Commission

Action brought on 9 September 2008 — Kingdom of the
Netherlands v Commission of the European Communities

(Case T-378/08)

(2008/C 285/91)

Language of the case: Portuguese

(Case T-380/08)

(2008/C 285/92)

Language of the case: Dutch

Parties

Applicant: Portuguese Republic (represented by L.Inez Fernandes
and J. de Oliveira, Agents)

Defendant: Commission of the European Communities

Form of order sought

the notice of payment
— Principally, a declaration that
MARKT/C2/PMS/bmgD(2008)
the
Director-General of Directorate-General Internal Market and
Services of 15 July 2008 under the heading ‘demand for
payment of the periodic penalty payable by the Portuguese
Republic in compliance with the judgment given in Case
C-70/06 Commission v Portuguese Republic’ is invalid;

13692

issued

by

— alternatively, a declaration that that notice is invalid, in so

far as its effects extend beyond 29 January 2008;

— an order that the Commission of the European Commu-
nities should pay the costs or, if the Court of First Instance
should reduce the amount of the periodic penalty, an order
that each party should bear its own costs.

Pleas in law and main arguments

Parties

Applicant: Kingdom of
Wissels and M. de Mol, acting as Agents)

the Netherlands (represented by: C.

Defendant: Commission of the European Communities

Form of order sought

— Annul the Commission's Decision of 30 June 2008 under

reference SG.E3/MV/psi D(2008)5364;

— order the Commission to pay the costs.

Pleas in law and main arguments

By the decision of 13 December 2006 in Case COMP/38.456
— Bitumen (Netherlands) (1) the Commission imposed fines on
a large number of undertakings, suppliers and purchasers of
road pavement bitumen for infringements of Article 81 EC. The
Commission did not publish all particulars in that decision.
Various legal persons, public and private, including the appli-
cant, have suffered serious losses as a result of the undertakings'
actions. As knowledge of that information would be extremely
in order to recover those losses, the applicant applied
useful
under Article 6(1) of Regulation No 1049/2001 (2) for access to
the
decision of
13 September 2006. By decision of 30 June 2008, the Commis-
sion rejected that application.

version of

uncensored

complete,

the

The Portuguese Republic claims that it has fully complied with
the judgments of
Justice by adopting Law
the Court of
No 67/2007 expressly repealing Decree-Law No 48051.

In support of
its application the applicant submits that the
contested decision is contrary to the right of access referred to
in Article 255 EC, read in conjunction with Articles 1 and 4 of
Regulation No 1049/2001.

The Portuguese Republic further claims that
the Director-
General of DG Internal Market and Services had no power to
adopt the contested measure, which failed to have regard to the
Portuguese Republic's rights of the defence, fails to state the
reasons on which it is based and was adopted in breach of
essential procedural requirements.

Secondly, the applicant submits that the Commission should
have provided partial access, as referred to in Article 4(6) of
Regulation No 1049/2001.

Thirdly, the contested decision is contrary to the principle of
proportionality.

Fourthly, the contested decision infringes Article 253 EC, as its
statement of reasons is defective.