CELEX: C2002/169/01
Language: en
Date: 2002-07-13 00:00:00
Title: Judgment of the Court 4 June 2002 in Case C-367/98: Commission of the European Communities v Portuguese Republic (Failure by a Member State to fulfil its obligations — Articles 52 of the EC Treaty (now, after amendment, Article 43 EC) and 73b of the EC Treaty (now Article 56 EC) — System of administrative authorisation relating to privatised undertakings)

13.7.2002               EN                           Official Journal of the European Communities                                         C 169/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       1994 (Diário da República I, Series A, No 49, of 28 February
                                                                             1994, p. 993), the Portuguese Republic has failed to comply
                                                                             with its obligations under the EC Treaty, in particular
                            4 June 2002                                      Articles 52 (now, after amendment, Article 43 EC), 56 (now,
                                                                             after amendment, Article 46 EC), 58 (now Article 48 EC), 73b
                                                                             (now Article 56 EC) et seq. and 221 (now, after amendment,
in Case C-367/98: Commission of the European Communi-                        Article 294 EC) thereof, and Articles 221 and 231 of the Act
                 ties v Portuguese Republic (1)                              concerning the conditions of accession of the Kingdom of
                                                                             Spain and the Portuguese Republic and the adjustments to the
                                                                             Treaties (OJ 1985 L 302, p. 23), the Court, composed
                                                                             of: G.C. Rodrı́guez Iglesias, President, P. Jann (Rapporteur),
(Failure by a Member State to fulfil its obligations —                       N. Colneric and S. von Bahr (Presidents of Chambers), C. Gul-
Articles 52 of the EC Treaty (now, after amendment,                          mann, D.A.O. Edward, A. La Pergola, J.-P. Puissochet,
Article 43 EC) and 73b of the EC Treaty (now Article 56                      R. Schintgen, V. Skouris and J.N. Cunha Rodrigues, Judges;
EC) — System of administrative authorisation relating to                     D. Ruiz-Jarabo Colomer, Advocate General; H.A. Rühl, Princi-
                     privatised undertakings)                                pal Administrator, for the Registrar, has given a judgment on
                                                                             4 June 2002, in which it:
                          (2002/C 169/01)
                                                                             1.    Declares that, by adopting and maintaining in force Law
                 (Language of the case: Portuguese)                                No 11/90 of 5 April 1990, being the framework law on
                                                                                   privatisations, in particular Article 13(3) thereof, the decree-
                                                                                   laws on the privatisation of undertakings subsequently adopted
                                                                                   in application of that Law and also Decree-Laws Nos 380/93
(Provisional translation; the definitive translation will be published             of 15 November 1993 and 65/94 of 28 February 1994, the
                   in the European Court Reports)                                  Portuguese Republic has failed to comply with its obligations
                                                                                   under Article 73b of the EC Treaty (now Article 56 EC);
                                                                             2.    Dismisses the remainder of the action;
In Case C-367/98, Commission of the European Communities
(Agents: initially A. Caeiro, and, subsequently, F. Benyon and
F. de Sousa Fialho) v Portuguese Republic (Agents: initially                 3.    Orders the Portuguese Republic to pay the costs.
L. Fernandes and L. Bigotte Chorão, and, subsequently, L. Fer-
nandes and J. Vasconcelos): Applications for a declaration that,
by adopting and maintaining in force Law No 11/90 of 5 April
1990, being the framework law on privatisations (Diário da
República I, Series A, No 80, of 5 April 1990, p. 1664),                    (1) OJ C 397 of 19.12.1998.
in particular Article 13(3) thereof, the decree-laws on the
privatisation of undertakings subsequently adopted in appli-
cation of that Law and also Decree-Laws Nos 380/93 of
15 November 1993 (Diário da República I, Series A, No 267,
of 15 November 1993, p. 6362) and 65/94 of 28 February