CELEX: C1997/181/14
Language: en
Date: 1997-06-14 00:00:00
Title: Action brought on 17 April 1997 by the Commission of the European Communities against the Portuguese Republic (Case C-150/97)

No C 181 /8              EN                    Official Journal of the European Communities                                      14 . 6 . 97
Action brought on 17 April 1997 by the Commission                         ( g) the Portuguese legislation does not ensure that the
of the European Communities against the Portuguese                              data obtained by the environmental authorities and by
                                Republic                                        the Member States are taken into account, as required
                          ( Case C-150/97)                                      by Article 8 of the Directive;
                            ( 97/C 181 / 14 )
                                                                          ( h ) the Portuguese legislation does not provide for the
                                                                                neighbouring Member State to be informed, if
An action against the Portuguese Republic was brought                           necessary, of the decision provided for in Article 9 of
before the Court of Justice of the European Communities                         the Directive;
on 17 April 1997 by the Commission of the European
Communities, represented by Francisco de Sousa Fialho,
of its Legal Service, acting as Agent, with an address for                ( i ) the Portuguese legislation does not require the national
service in Luxembourg at the office of Carlos Gomez de la                       measures to be applied to projects in respect of which
Cruz, Wagner Centre , Kirchberg.                                                an application for authorization has been pending
                                                                                since June 1 990 .
The applicant claims that the Court should:
                                                                          (') OJ No L 175 , 5 . 7. 1985 , p. 40 .
— declare that, by failing to adopt the laws, regulations
      or administrative provisions necessary to comply fully
      with Council Directive 85/337/EEC of 27 June 1985
      on the assessment of the effects of certain public and
      private projects on the environment ( 1 ), the Portuguese
      Republic has failed to fulfil its obligations under the
      third paragraph of Article 189 of the EC Treaty and                 Reference for a preliminary ruling by the Tribunal
      Article 12 of Directive 85/337/EEC,                                 Supremo ( Sala Social ) by order of that court of 17 March
                                                                          1997 in the case of Aristoteles Juan Grajera Rodriguez v.
— order the Portuguese Republic to pay the costs.                         Instituto Nacional de la Seguridad Social and Tesoreria
                                                                                              General de la Seguridad Social
Pleas in law and main arguments adduced in support:                                                 ( Case C-153/97)
                                                                                                      ( 97/C 181 / 15 )
The Commision asserts that, despite the prescribed period
having expired, the Portuguese Republic has still not
adopted all the provisions to ensure full compliance of its               Reference has been made to the Court of Justice of the
internal legal system with Directive 85/337/EEC, so that it               European Communities by an order of the Social Chamber
has failed to fulfil its obligations under the third                      of the Tribunal Supremo ( Supreme Court ) of 17 March
paragraph of Aricle 189 of the EC Treaty and of Article 12                1997, which was received at the Court Registry on
( 1 ) of the Directive .                                                  23 April 1997, for a preliminary ruling in the case of
                                                                          Aristoteles Juan Grajera Rodriguez v. Instituto Nacional
In particular, the Portuguese Republic did not fulfil its                 de la Seguridad Social ( National Social Security Institute )
obligations under the abovementioned Directive inasmuch                   and Tesoreria General de la Seguridad Social ( General
as :                                                                      Social Security Fund ), on the following questions:
( a ) the Portuguese legislation concerns only part of the                A. Must the calculation method laid down in Annex VI
      categories referred to in Annex II of the Directive;                      ( D ) ( 4 ) to Regulation ( EEC ) No 1408/71 ( J ), in the
                                                                                version inserted by Regulation ( EEC ) No 1248/92 ( 2 ),
( b ) the Portuguese legislation does not take into account                     under which the Spanish theoretical pension is
      the whole of the criteria laid down in Article 2 of the                   determined in accordance with the bases of the
      Directive ;                                                               worker's contributions during the calculation period
                                                                                immediately preceding payment of his last
( c) the Portuguese legislation provides for the possibility                    contribution to the Spanish social security, with
      of exempting a complete category from assessment on                       revalorization of the resultant theoretical pension on
      the effects on the environment;                                           the same terms as those which, under Spanish national
                                                                                legislation, would have been applied to revalorization
( d ) the Portuguese legislation concerns only partially the                    of a pension becoming payable at the time of payment
      provisions of Articles 3 and 5 and those of Annex III                     of the last contribution in Spain be regarded as
      of the Directive;                                                         contrary to Articles 48 and 51 of the Treaty
                                                                                establishing the European Community, and
( e ) the Portuguese legislation concerns only partially the
      provisions of Article 6 ( 2 ) and ( 3 ) of the Directive;           B. In order to guarantee equal treatment for migrant
                                                                                workers in matters of social security, must the basic
( f) the Portuguese legislation did not implement Article 7                     amount of the Spanish pension be calculated by
      of the Directive regarding consultation of                                reference to what would have been the bases for the
      neighbouring Member States;                                               migrant worker's contributions if he had stayed in