CELEX: 62008CJ0253
Language: en
Date: 2009-05-19 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 19 May 2009. # Commission of the European Communities v Portuguese Republic. # Failure of a Member State to fulfil obligations - Directive 2006/22/EC - Approximation of laws - Social legislation relating to road transport activities -Failure to transpose within the prescribed period. # Case C-253/08.

Judgment of the Court (Sixth Chamber) of 19 May 2009 – Commission v Portugal
      (Case C‑253/08)
      Failure of a Member State to fulfil obligations – Directive 2006/22/EC – Approximation of laws – Social legislation relating to road transport activities –Failure to transpose within the prescribed period
      Actions for failure to fulfil obligations – Examination of the 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. 9)
      Re: 
      
         
               Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to
                  comply with Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for
                  the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to
                  road transport activities and repealing Council Directive 88/599/EEC (OJ 2006 L 102, p. 35).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Declares that by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2006/22/EC
                     of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations
                     (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council
                     Directive 88/599/EEC, the Portuguese Republic has failed to fulfil its obligations under Directive 2006/22;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Portuguese Republic to pay the costs.