CELEX: C2001/028/40
Language: en
Date: 2001-01-27 00:00:00
Title: Case C-431/00: Action brought on 22 November 2000 by the Commission of the European Communities against the Portuguese Republic

27.1.2001               EN                  Official Journal of the European Communities                                     C 28/21
Action brought on 22 November 2000 by the Com-                         Reference for a preliminary ruling by the Tribunale
mission of the European Communities against the Portu-                 Amminstrativo Regionale per la Lombardia by order of
                           guese Republic                              that court of 6 October 2000 in the case of Europetrol
                                                                       SpA v Azienda Lombarda Edilizia Residenziale Milano
                                                                                         (A.L.E.R.) and Orion SCRL
                           (Case C-431/00)
                            (2001/C 28/40)
                                                                                               (Case C-432/00)
An action against the Portuguese Republic was brought
before the Court of Justice of the European Communities on
22 November 2000 by the Commission of the European
Communities, represented by António Caeiros, of its Legal                                      (2001/C 28/41)
Service, acting as Agent, with an address for service in
Luxembourg at the office of Carlos Gómez de la Cruz, of its
Legal Service, Wagner Centre, Kirchberg.
                                                                       Reference has been made to the Court of Justice of the
                                                                       European Communities by an order of the Tribunale Amminis-
                                                                       trativo Regionale per la Lombardia (Regional Administrative
The applicant claims that the Court should:                            Court for the Lombardy Region) of 6 October 2000, which
                                                                       was received at the Court Registry on 22 November 2000, for
                                                                       a preliminary ruling in the case of Europetrol SpA v Azienda
                                                                       Lombarda Edilizia Residenziale Milano (A.L.E.R.) and Orion
—     declare that, by failing to bring into force within the          SCRL, on the following question:
      prescribed period the laws, regulations or administrative
      provisions necessary to comply with Council Directive
      96/82/EC (1) of 9 December 1996 on the control of
      major-accident hazards involving dangerous substances,
      the Portuguese Republic has failed to fulfil its obligations     May Article 31 — and in particular Article 31(1)(c) — of
      under the first paragraph of Article 10 and the third            Council Directive 92/50 (1) of 18 June 1992 relating to the
      paragraph of 249 of the EC Treaty, as well as the                coordination of procedures for the award of public service
      provisions of Article 24(1) of Directive 96/82/EC;               contracts be interpreted as meaning that the competent
                                                                       national courts are required to protect citizens of the Union
                                                                       adversely affected by measures adopted in breach of Com-
                                                                       munity law by resorting, in particular, to disapplication as
—     in the alternative, declare that, by failing to inform           provided for in Article 5 of Law No 2248 of 20 March 1865
      the Commission immediately of such measures, the                 with respect to clauses of an invitation to tender which are
      Portuguese Republic failed to fulfil its obligations under       contrary to Community law but were not challenged within
      the above provisions;                                            the short time-limit laid down by national procedural law for
                                                                       the application of Community law by the court of its own
                                                                       motion, whenever it is found, first, that the application of
                                                                       Community law has been seriously impeded or rendered
—     Order the Portuguese Republic to pay the costs.                  difficult in any way, and second, that there is a public
                                                                       interest, of Community or national origin, which justifies such
                                                                       application, and does Article 6(2) of the Treaty which, by
                                                                       providing for respect of the fundamental rights safeguarded by
                                                                       the European Convention on Human Rights and Fundamental
Pleas in law and main arguments
                                                                       Freedoms, has adopted the principle of effective judicial
                                                                       protection provided for in Articles 6 and 13 of that Conven-
                                                                       tion, lead to the same conclusion?
The pleas in law and main arguments are similar to those
relied on in Case C-407/00 (2); the time-limit for transposing
the directive expired on 3 February 1999.
                                                                       (1) OJ L 209 of 24.7.1992, p. 1.
(1) OJ 1997 L 10, p. 13.
(2) See p. 13 of this Official Journal.