CELEX: 62017CN0382
Language: en
Date: 2017-06-26 00:00:00
Title: Case C-382/17: Action brought on 26 June 2017 — European Commission v Portuguese Republic

21.8.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 277/27
            
         Action brought on 26 June 2017 — European Commission v Portuguese Republic
   (Case C-382/17)
   (2017/C 277/40)
   Language of the case: Portuguese
   
      Parties
   
   
      Applicant: European Commission (represented by: P. Costa de Oliveira and L. Nicolae, Agents)
   
      Defendant: Portuguese Republic
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               declare that by failing to develop, implement and maintain a quality management system for the operational parts of the flag-State-related activities of its administration, certified in accordance with the applicable international quality standards, by 17 June 2012, the Portuguese Republic has failed to fulfil its obligations under Article 8(1) of Directive 2009/21/EC (1) of the European Parliament and of the Council of 23 April 2009 on compliance with flag State requirements;
            
         
               —
            
            
               order the Portuguese Republic to pay the costs.
            
         
      Pleas in law and main arguments
   
   Article 8(1) of the Directive clearly lays down that by 17 June 2012 the Member States must develop, implement and maintain the quality management system referred to.
   It is now June 2017 and the Portuguese Republic has still not complied with Article 8(1).
   By acting in that manner, the Portuguese administration is undermining the objectives pursued by the Directive, jeopardising maritime safety and the protection of the environment. In addition, the conduct of the Portuguese administration carries the risk of creating an unfair competitive advantage for the Portuguese fleet in relation to other Member States’ fleets.
   
      (1)  OJ 2009 L 131, p. 132.