CELEX: C1998/234/21
Language: en
Date: 1998-07-25 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 28 May 1998 in Case C-213/97: Commission of the European Communities v Portuguese Republic (Failure by a Member State to fulfil its obligations - Directives 86/280/EEC and 88/347/EEC - Failure to transpose within the period prescribed)

25.7.98               EN                  Official Journal of the European Communities                                    C 234/11
               JUDGMENT OF THE COURT                                                JUDGMENT OF THE COURT
                       of 28 May 1998                                                        (Sixth Chamber)
in Case C-22/96: European Parliament, supported by the                                       of 28 May 1998
Commission of the European Communities, v Council of                 in    Case    C-213/97: Commission of the European
                    the European Union (1)                                       Communities v Portuguese Republic (1)
(Council Decision 95/468/EC Ð IDA Ð Telematic                        (Failure by a Member State to fulfil its obligations Ð
                   networks Ð Legal basis)                           Directives 86/280/EEC and 88/347/EEC Ð Failure to
                                                                                 transpose within the period prescribed)
                        (98/C 234/20)
                                                                                              (98/C 234/21)
                (Language of the case: French)
                                                                                   (Language of the case: Portuguese)
  (Provisional translation; the definitive translation will be         (Provisional translation; the definitive translation will be
          published in the European Court Reports)                             published in the European Court Reports)
                                                                     In Case C-213/97: Commission of the European
In Case C-22/96: European Parliament (Agents: Johann                 Communities (represented by Francisco de Sousa Fialho) v
Schoo and JoseÂ Luis Rufas Quintana), supported by the               Portuguese Republic (Luís Fernandes et JoaÄo Lopes
Commission of the European Communities (Agents:                      Fernandes), application for a declaration, first, that by
Claudia Schmidt and Pieter van Nuffel), v Council of the             failing to adopt all the laws, regulations and
European Union (Agents: Antonio Sacchettini and                      administrative provisions necessary fully and properly to
Amadeu Lopes Sabino) Ð application for annulment of                  implement Council Directive 86/280/EEC of 12 June 1986
Council Decision 95/468/EC of 6 November 1995 on a                   on limit values and quality objectives for discharges of
Community contribution for telematic interchange of data             certain dangerous substances included in List I of the
between administrations in the Community (IDA) (OJ                   Annex to Directive 76/464/EEC (OJ L 181 of 4.7.1986,
L 269 of 11.11.1995, p. 23) Ð the Court, composed of:                p. 16), as amended by Council Directive 88/347/EEC of
G. C. Rodríguez Iglesias, President, C. Gulmann (President           16 June 1988 (OJ L 158 of 25.6.1988, p. 35) and, in the
of Chamber), G. F. Mancini, J. L. Murray, D. A. O.                   alternative, that by failing immediately to inform the
Edward, J.-P. Puissochet, G. Hirsch, P. Jann and L. Sevón            Commission of those measures, the Portuguese Republic
(Rapporteur), Judges; A. La Pergola, Advocate General;               has failed to fulfil its obligations under the third
R. Grass, Registrar, has given a judgment on 28 May                  paragraph of Article 189 of the EC Treaty and under
1998, in which it:                                                   Article 7(1) of Directive 86/280 and the first paragraph of
                                                                     Article 2 of Directive 88/347 respectively, the Court (Sixth
                                                                     Chamber), composed of: H. Ragnemalm, President of
1. Annuls Council Decision 95/468/EC of 6 November                   Chamber, G. F. Mancini, P. J. G. Kapteyn, J. L. Murray
     1995 on a Community contribution for telematic                  and K. M. Ioannou (Rapporteur), Judges; F. G. Jacobs,
     interchange of data between administrations in the              Advocate General; R. Grass, Registrar, has given a
     Community (IDA);                                                judgment on 28 May 1998, in which it:
                                                                     1. Declares that, by failing to adopt all the laws,
2. Maintains the effects of the implementing measures                     regulations and administrative provisions necessary
     already taken by the Commission of the European                      fully and properly to implement Council Directive 86/
     Communities on the basis of that decision;                           280/EEC of 12 June 1986 on limit values and quality
                                                                          objectives for discharges of certain dangerous
                                                                          substances included in List I of the Annex to Directive
                                                                          76/464/EEC, as amended by Council Directive 88/
3. Orders the Council of the European Union to pay the                    347/EEC of 16 June 1988, the Portuguese Republic
     costs;                                                               has failed to fulfil its obligations under Article 7(1) of
                                                                          Directive 86/280 and the first paragraph of Article 2
                                                                          of Directive 88/347 respectively;
4. Orders the Commission of the European Communities
     to bear its own costs.
                                                                     2. Orders the Portuguese Republic to pay the costs.
(1) OJ C 95 of 30.3.1996.
                                                                     (1) OJ C 228 of 26.7.1997.