CELEX: C1997/199/25
Language: en
Date: 1997-06-28 00:00:00
Title: Action brought on 2 May 1997 by the Commission of the European Communities against the Portuguese Republic (Case C-171/97)

28 . 6 . 97            EN                    Official Journal of the European Communities                               No C 199/ 13
— in the alternative, declare that, by not informing                    Pleas in law and main arguments adduced in support:
     the Commission forthwith of such measures, the
     Portuguese Republic has failed to fulfil its obligations           The mandatory nature of the provisions of the third
     under the abovementioned provisions,                               paragraph of Article 189 and the first paragraph of
                                                                        Article 5 of the EC Treaty requires Member States to
                                                                        adopt the measures necessary to transpose directives
— order the Portuguese Republic to pay the costs.                       addressed to them into their domestic law before the
                                                                        expiry of the period prescribed for doing so and forthwith
Pleas in law and main arguments adduced in support:                     to inform the Commission thereof. That period, which is
                                                                        laid down in Article 2 of the Directive, expired on
                                                                        1 January 1992 without the Portuguese Republic having
The mandatory nature of the provisions of the third                     brought into force the necessary provisions.
paragraph of Article 189 and the first paragraph of
Article 5 of the EC Treaty requires Member States to                    (') OJ No L 373 , 31 . 12 . 1990 , p . 15 .
adopt the measures necessary to transpose directives                    (2 ) OJ No L 317, 6 . 11 . 1981 , p . 1 .
addressed to them into their domestic law before the
expiry of the period prescribed for doing so and forthwith
to inform the Commission thereof. That period, which is
laid down in Article 15 of the Directive, expired on 23 July
1993 without the Portuguese Republic having brought
into force the necessary provisions .                                   Action brought on 2 May 1997 by the Commission of the
                                                                        European Communities against SIVU du Plan d'Eau de la
0 ) OJ No L 228 , 17. 8 . 1991 , p . 70 .                                          Vallée du Lot and Sàrl Hydro-Réalisations
                                                                                                  ( Case C-l 72/97)
                                                                                                    ( 97/C 199/26 )
                                                                        An action against the SIVU du Plan d'Eau de la Vallee du
                                                                        Lot and Sari Hydro-Realisations was brought before the
Action brought on 2 May 1997 by the Commission of the                   Court of Justice of the European Communities on 2 May
  European Communities against the Portuguese Republic                  1997 by the Commission of the European Communities,
                         ( Case C-171 /97 )                             represented by Richard B. Wainwright, Principal Legal
                                                                        Adviser, and Jean-Francis Pasquier, an national civil
                           ( 97/C 199/25 )                              servant on secondment to the Legal Service , acting as
                                                                        Agents, assisted by Nicole Coutrelis and Stephanie Ponsot,
                                                                        lawyers, with an address for service in Luxembourg at the
An action against the Portuguese Republic was brought                   office of Carlos Gomez de la Cruz, Wagner Centre,
before the Court of Justice of the European Communities                 Kirchberg.
on 2 May 1997 by the Commission of the European
Communities, represented by Francisco de Sousa Fialho,                  The Commission of the European Communities claims
of its Legal Service, acting as Agent, with an address for              that the Court should :
service in Luxembourg at the office of Carlos Gomez de la
Cruz, of its Legal Service, Wagner Centre, Kirchberg.                   — order the SIVU and Sari Hydro-Realisations to pay to
                                                                              it the sum of ECU 83 928 ( eighty three thousand nine
The applicant claims that the Court should:                                   hundred and twenty eight ecus ) together with the
                                                                              interest due thereon from 17 January 1991 , calculated
                                                                              at the rate applied by the EMCF in relation to its
— declare that, by failing to adopt the laws, regulations                     transactions in ecus, as published on the first working
      or administrative provisions necessary to comply with                   day of each month, and, in addition, statutory default
      Council Directive 90/676/EEC ( 1 ) of 13 December                       interest from 28 February 1993 ,
      1990 amending Directive 81 /851 /EEC on the
      approximation of the laws of the Member States                    — order the SIVU and Sari Hydro-Realisations to pay the
      relating to veterinary medicinal products ( 2 ), the                    costs .
      Portuguese Republic has failed to fulfil its obligations
      under the third paragraph of Article 189 of the EC                Pleas in law and main arguments adduced in support:
      Treaty and Article 2 of Directive 90/676/EEC,
                                                                         On 6 December            1990, in the context of Council
— in the alternative, declare that, by not informing the                 Regulation ( EEC ) No 3640/85 of 20 December 1985 on
      Commission      forthwith       of   such   measures,    the      the promotion, by financial support, of demonstration
      Portuguese Republic has failed to fulfil its obligations           projects and industrial pilot projects in the energy field ( 1 ),
      under the abovementioned provisions,                               the Commission concluded with the SIVU du Pays d'Ac­
                                                                         ceuil de la Vallee du Lot and Sari Hydro-Realisations,
                                                                         acting jointly and severally, a contract providing for the
— order the Portuguese Republic to pay the costs .                       grant of financial support by the Community for the