CELEX: 62008CN0191
Language: en
Date: 2008-05-07 00:00:00
Title: Case C-191/08: Action brought on 7 May 2008 — Commission of the European Communities v Portuguese Republic

5.7.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 171/27
            
         Action brought on 7 May 2008 — Commission of the European Communities v Portuguese Republic
   (Case C-191/08)
   (2008/C 171/41)
   Language of the case: Portuguese
   Parties
   
      Applicant: Commission of the European Communities (represented by: M. Condou-Durande and A. Caeiros, agents, acting as Agents)
   
      Defendant: Portuguese Republic
   Form of order sought
   
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               Declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/83/EC (1) of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, the Portuguese Republic has failed to fulfil its obligations under Article 38(1) of Directive 2004/83/EC;
            
         
               —
            
            
               in the alternative, declare that, by failing, in any event, to inform the Commission of the adoption of such measures, the Portuguese Republic has failed to fulfil its obligations under Article 38(1) of Directive 2004/83/EC;
            
         
               —
            
            
               order Portuguese Republic to pay the costs.
            
         Pleas in law and main arguments
   The period prescribed for transposing Directive 2004/83/EC into national law expired on 10 October 2006.
   
      (1)  OJ 2004 L 304, p. 12.