CELEX: C1999/160/13
Language: en
Date: 1999-06-05 00:00:00
Title: Case C-93/99: Action brought on 17 March 1999 by the Commission of the European Communities against the Portuguese Republic

C 160/6                   EN                   Official Journal of the European Communities                                         5.6.1999
Contentions and principal arguments adduced in support                    Action brought on 17 March 1999 by the Commission
                                                                          of the European Communities against the Portuguese
                                                                                                           Republic
The contentions and principal arguments adduced in support
are similar to those in Case C-78/99 (5); the period for
implementing the directive expired on 1 July 1997.                                                     (Case C-93/99)
                                                                                                      (1999/C 160/13)
( 1) OJ L 162, 1.7.1996, p. 1.
( 2) OJ L 32, 5.2.1985, p. 14.
( 3) OJ L 373, 31.12.1990, p. 1.                                          An action against the Portuguese Republic was brought before
( 4) OJ L 268, 24.9.1991, p. 56.                                          the Court of Justice on 17 March 1999 by the Commission of
( 5) See p. 3 of this Official Journal.                                   the European Communities, represented by Ana Maria Alves
                                                                          Vieira, of its Legal Service, acting as Agent, with an address for
                                                                          service in Luxembourg at the office of Carlos Gómez de la
                                                                          Cruz, also of its Legal Service, Wagner Centre, Kirchberg.
                                                                          The applicant claims that the Court of Justice should:
                                                                          — declare that, by failing to adopt within the prescribed
Action brought on 17 March 1999 by the Commission                               period all the measures needed to comply fully with
of the European Communities against the Portuguese                              Council Directive 96/22/EC (1) of 29 April 1996 repealing
                                 Republic                                       Directives 81/602/EEC (2) and 88/299/EEC (3), the Portu-
                                                                                guese Republic has failed to fulfil its obligations under the
                                                                                Treaty,
                             (Case C-92/99)
                                                                          — order the Portuguese Republic to pay the costs.
                            (1999/C 160/12)
                                                                          Contentions and principal arguments adduced in support
An action against the Portuguese Republic was brought before
the Court of Justice on 17 March 1999 by the Commission of
                                                                          The contentions and principal arguments adduced in support
the European Communities, represented by Ana Maria Alves
                                                                          are similar to those in Case C-78/99 (4); the period for
Vieira, of its Legal Service, acting as Agent, with an address for
                                                                          implementing the Directive expired on 1 July 1997.
service in Luxembourg at the office of Carlos Gómez de la
Cruz, also of its Legal Service, Wagner Centre, Kirchberg.
                                                                          ( 1) OJ L 125, 23.5.1996, p. 10.
The applicant claims that the Court of Justice should:                    ( 2) OJ L 222 , 7.8.1981, p. 32.
                                                                          ( 3) OJ L 128, 21.5.1988, p. 36.
                                                                          ( 4) See p. 3 of this Official Journal.
— declare that, by failing to adopt within the prescribed
      period all the measures needed to comply fully with
      Council Directive 96/23/EC (1) of 29 April 1996 repealing
      Directives 85/358/EEC (2) and 86/469/EEC (3) and
      Decisions 89/187/EEC(4) and 91/664/EEC (5), the Portu-
      guese Republic has failed to fulfil its obligations under the
      Treaty,
                                                                          Reference for a preliminary ruling from the Bundesverga-
— order the Portuguese Republic to pay the costs.                         beamt by order of that tribunal of 5 March 1999 in the
                                                                          review procedure of ARGE Gewässerschutz v. Bundesmi-
                                                                                      nisterium für Land- und Forstwirtschaft
Contentions and principal arguments adduced in support
                                                                                                       (Case C-94/99)
The contentions and principal arguments adduced in support
are similar to those in Case C-78/99 (6); the period for                                              (1999/C 160/14)
implementing the directive expired on 1 July 1997.
                                                                          Reference has been made to the Court of Justice of the
( 1) OJ L 125, 23.5.1996, p. 10.                                          European Communities by an order of the Bundesvergabeamt
( 2) OJ L 191, 23.7.1985, p. 46.                                          (Federal Procurement Office), Austria, of 5 March 1999, which
( 3) OJ L 275, 26.9.1986, p. 36.                                          was received at the Court Registry on 17 March 1999, for a
( 4) OJ L 66, 10.3.1989, p. 37.                                           preliminary ruling in the review procedure of ARGE Gewässer-
( 5) OJ L 368, 31.12.1991, p. 17.                                         schutz v. Bundesministerium für Land- und Forstwirtschaft on
( 6) See p. 3 of this Official Journal.                                   the following questions:
                                                                          I.    Does the decision of a contracting authority to admit to an
                                                                                award procedure bodies which receive subsidies of any