CELEX: C2006/212/27
Language: en
Date: 2006-09-02 00:00:00
Title: Case C-265/06: Action brought on 16 June 2006 — Commission of the European Communities v Portuguese Republic

2.9.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 212/15
            
         Action brought on 16 June 2006 — Commission of the European Communities v Portuguese Republic
   (Case C-265/06)
   (2006/C 212/27)
   Language of the case: Portuguese
   Parties
   
      Applicant: Commission of the European Communities (represented by: A.Caeiros, Agent)
   
      Defendant: Portuguese Republic
   Form of order sought
   
               —
            
            
               Declare that by prohibiting pursuant to Article 2(1) of Decree-Law no 40/2003 of 11 March 2003 the affixing of coloured film on windows of motor vehicles the Portuguese Republic has failed to fulfil its obligations under Articles 28 and 30 EC and Articles 11 and 13 of the EEA Agreement, as that prohibition hinders the marketing in Portugal of coloured film lawfully manufactured and/or marketed in another Member State or in a State signatory to the EEA Agreement;
            
         
               —
            
            
               Order the Portuguese Republic to pay the costs.
            
         Pleas in law and main arguments
   The prohibition laid down in Article 2(1) of Decree-Law no 40/2003 of 11 March 2003 constitutes a measure having equivalent effect to a quantitative restriction on imports, contrary to Article 28 EC and Article 11 of the EEA Agreement, as it hinders in practice the marketing in Portugal of coloured film lawfully manufactured and /or marketed in another Member State or in a State signatory to the EEA Agreement. It is also not justified under Article 30 EC and Article 13 of the EEA Agreement.