CELEX: 62005CJ0118
Language: en
Date: 2006-01-12
Title: Judgment of the Court (Sixth Chamber) of 12 January 2006. # Commission of the European Communities v Portuguese Republic. # Failure of a Member State to fulfil obligations - Directive 2000/60/EC - Community policy in the field of water - Failure to transpose within the prescribed period. # Case C-118/05.

Judgment of the Court (Sixth Chamber) of 12 January 2006 – Commission v Portugal
      (Case C-118/05)
      Failure of a Member State to fulfil obligations – Directive 2000/60/EC – Community policy in the field of water – Failure to transpose within the prescribed period
      1.                     Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration
            – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 7)
      2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification
            – Not permissible (Art. 226 EC) (see para. 9)
      Re:
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt the provisions necessary to comply with Directive 2000/60/EC
                  of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field
                  of water policy (OJ 2000 L 327, p. 1)
               
            Operative part:
      The Court:
      
         
                  1.
               
               
                  
               
               
                  Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary
                     to comply with Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework
                     for Community action in the field of water policy, the Portuguese Republic has failed to fulfil its obligations under that
                     Directive;
                  
               
            
         
                  2.
               
               
                  
               
               
                  Orders the Portuguese Republic to pay the costs.