CELEX: C2002/097/08
Language: en
Date: 2002-04-20 00:00:00
Title: Case C-44/02: Action brought on 15 February 2002 by Commission of the European Communities against Portuguese Republic

C 97/4                EN                     Official Journal of the European Communities                                     20.4.2002
(3) Are the same provisions of Regulation 896/2001 incom-               Pleas in law and main arguments
     patible with Council Regulation EEC No 404/93 (2) of
     13 February 1993 (with subsequent amendments and
     additions), in particular with Article 20 thereof?
                                                                        Under the first paragraph of Article 10 and the third paragraph
                                                                        of Article 249 of the EC Treaty, Member States must adopt the
(4) If the answer given to the preceding questions is in the            measures necessary to transpose directives addressed to them
     negative, the Court is asked to state whether, by preclu-          into their domestic law before the expiry of the period
     ding persons related to traditional operators from being           prescribed for doing so. That period expired on 29 September
     granted a tariff quota even as ‘non-traditional operators’,        2000 without Portugal having brought into force the necessary
     Article 6 of the aforementioned Commission regulation,             provisions.
     in particular subparagraph (c) thereof, conflicts with the
     fundamental right to pursue a professional activity,
     viewed in relation to the freedom to conduct a business.
                                                                        (1) OJ 2000 L 173, p. 1.
(1) OJ L 126, 8.5.2001, p. 6.
(2) OJ L 47, 25.2.1993, p. 1.
                                                                        Action brought on 15 February 2002 by Commission of
                                                                         the European Communities against Portuguese Republic
Action brought on 15 February 2002 by Commission of
 the European Communities against Portuguese Republic                                             (Case C-45/02)
                         (Case C-44/02)                                                           (2002/C 97/09)
                         (2002/C 97/08)
                                                                        An action against the Portuguese Republic was brought
                                                                        before the Court of Justice of the European Communities on
An action against the Portuguese Republic was brought                   15 February 2002 by the Commission of the European
before the Court of Justice of the European Communities on              Communities, represented by António Caeiros, acting as
15 February 2002 by the Commission of the European                      Agent.
Communities, represented by António Caeiros, acting as
Agent.
                                                                        The applicant claims that the Court should:
The applicant claims that the Court should:
                                                                        —     Declare that, by failing to adopt and bring into force
—    Declare that, by failing to adopt and bring into force                   within the prescribed period the laws, regulations and
     within the prescribed period the laws, regulations and                   administrative provisions necessary to comply with Com-
     administrative provisions necessary to comply with                       mission Directive 2000/2/EC of 14 January 2000 adapt-
     Directive 2000/25/EC of the European Parliament and of                   ing to technical progress Council Directive 75/322/EEC
     the Council of 22 May 2000 on action to be taken against                 relating to the suppression of radio interference produced
     the emission of gaseous and particulate pollutants by                    by spark-ignition engines fitted to wheeled agricultural
     engines intended to power agricultural or forestry tractors              or forestry tractors and Council Directive 74/150/EEC
     and amending Council Directive 74/150/EEC(1), the                        relating to the type-approval of wheeled agricultural or
     Portuguese Republic has failed to fulfil its obligations                 forestry tractors (1), the Portuguese Republic has failed
     under Article 9 of the aforementioned Directive                          to fulfil its obligations under Article 4 of Directive
     2000/25/EC; and                                                          2000/2/EC;
—    In the alternative, declare that, by failing to inform the         —     In the alternative, declare that, by failing to inform
     Commission of such provisions, the Portuguese Republic                   the Commission immediately of such provisions, the
     has failed to fulfil its obligations under Article 9 of the              Portuguese Republic has failed to fulfil its obligations
     aforementioned Directive 2000/25/EC;                                     under Article 4 of Directive 2000/2/EC;
—    Order the Portuguese Republic to pay the costs.                    —     Order the Portuguese Republic to pay the costs.