CELEX: C2006/010/03
Language: en
Date: 2006-01-14 00:00:00
Title: Judgment of the Court (First Chamber) of  10 November 2005  in Case C-432/03: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Articles 28 EC and 30 EC — Directive 89/106/EEC — Decision 3052/95/EC — National approval procedure — Failure to take account of approval certificates drawn up in other Member States — Construction products)

14.1.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 10/2
            
         
      JUDGMENT OF THE COURT
   
   (First Chamber)
   of 10 November 2005
   in Case C-432/03: Commission of the European Communities v Portuguese Republic (1)
   
   (Failure of a Member State to fulfil obligations - Articles 28 EC and 30 EC - Directive 89/106/EEC - Decision 3052/95/EC - National approval procedure - Failure to take account of approval certificates drawn up in other Member States - Construction products)
   (2006/C 10/03)
   Language of the case: Portuguese
   In Case C-432/03, Commission of the European Communities (Agent: A. Caeiros) v Portuguese Republic (Agents: L. Fernandes and N. Ruiz, advogado) — Action under Article 226 EC for failure to fulfil obligations, brought on 10 October 2003 — the Court (First Chamber), composed of P. Jann, President of the Chamber, K. Schiemann, N. Colneric, K. Lenaerts (Rapporteur) and E. Juhász, Judges; L.A. Geelhoed, Advocate General; M. Ferreira, Principal Administrator, for the Registrar, gave a judgment on 10 November 2005, in which it:
   
               1.
            
            
               Declares that, by failing to take account of approval certificates issued by other Member States in a procedure, under Article 17 of the General Law on Urban Construction, adopted by Decree-Law No 38/382 of 7 August 1951, for approval of polyethylene pipes imported from those other Member States, and by not informing the Commission of such a measure, the Portuguese Republic has failed to fulfil its obligations under Articles 28 EC and 30 EC and under Articles 1 and 4(2) of Decision No 3052/95/EC of the European Parliament and of the Council of 13 December 1995 establishing a procedure for the exchange of information on national measures derogating from the principle of the free movement of goods within the Community;
            
         
               2.
            
            
               Orders the Portuguese Republic to pay the costs.
            
         
      (1)  OJ C 304, 13.12.2003.