CELEX: 62007CA0457
Language: en
Date: 2009-09-10 00:00:00
Title: Case C-457/07: Judgment of the Court (Fourth Chamber) of 10 September 2009 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Articles 28 EC and 30 EC — Construction products — National approval procedure — Failure to take account of approval certificates drawn up in other Member States — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Non-implementation — Article 228 EC — Subject-matter of the dispute — Determination during the pre-litigation procedure — Subsequent extension — Not permissible)

7.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 267/12
            
         Judgment of the Court (Fourth Chamber) of 10 September 2009 — Commission of the European Communities v Portuguese Republic
   (Case C-457/07) (1)
   
   (Failure of a Member State to fulfil obligations - Articles 28 EC and 30 EC - Construction products - National approval procedure - Failure to take account of approval certificates drawn up in other Member States - Judgment of the Court establishing the failure of a Member State to fulfil its obligations - Non-implementation - Article 228 EC - Subject-matter of the dispute - Determination during the pre-litigation procedure - Subsequent extension - Not permissible)
   2009/C 267/20
   Language of the case: Portuguese
   
      Parties
   
   
      Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán and P. Andrade, acting as Agents)
   
      Defendant: Portuguese Republic (represented by: L. Inês Fernandes, acting as Agent, N. Ruiz and C. Farinhas, advogados)
   
      Re:
   
   Failure of a Member State to fulfil obligations — Article 228 EC — Failure to comply with the judgment of the Court of Justice of 10 November 2005 in Case C-432/02 — Application for a penalty payment to be imposed
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the Commission of the European Communities to pay the costs.
            
         
      (1)  OJ C 297, 8.12.2007.