CELEX: C2000/273/06
Language: en
Date: 2000-09-23 00:00:00
Title: Judgment of the Court (First Chamber) of 8 June 2000 in Case C-91/99: Commission of the European Communities v Portuguese Republic (Failure by a Member State to fulfil its obligations — Directive 96/43/EC — Failure to transpose within the prescribed period)

C 273/4                   EN                    Official Journal of the European Communities                                           23.9.2000
1.    Declares that, by failing to adopt within the prescribed period      1.    Declares that, by failing to adopt, within the prescribed periods,
      all the laws, regulations and administrative provisions necessary          all the laws, regulations and administrative provisions necessary
      to comply with Council Directive 93/104/EC of 23 November                  to comply with the provisions referred to in the first subpara-
      1993 concerning certain aspects of the organisation of working             graph of Article 4(1) of Council Directive 96/43/EC of 26 June
      time, the French Republic has failed to fulfil its obligations             1996 amending and consolidating Directive 85/73/EEC in
      under that directive;                                                      order to ensure financing of veterinary inspections and controls
                                                                                 on live animals and certain animal products and amending
2.    Orders the French Republic to pay the costs.                               Directives 90/675/EEC and 91/496/EEC, the Portuguese
                                                                                 Republic has failed to fulfil its obligations under that subpara-
                                                                                 graph;
(1) OJ C 100 of 10.4.1999.
                                                                           2.    Dismisses the remainder of the action;
                                                                           3.    Orders the Portuguese Republic to pay the costs.
                                                                           (1) OJ C 160 of 5.6.1999.
                  JUDGMENT OF THE COURT
                            (First Chamber)
                                                                                             JUDGMENT OF THE COURT
                             of 8 June 2000                                                           (Fourth Chamber)
in Case C-91/99: Commission of the European Communi-                                                    of 8 June 2000
                  ties v Portuguese Republic (1)
                                                                           in Case C-264/99: Commission of the European Communi-
                                                                                                  ties v Italian Republic (1)
(Failure by a Member State to fulfil its obligations —
Directive 96/43/EC — Failure to transpose within the
                           prescribed period)                              (Failure by a Member State to fulfil its obligations —
                                                                           Articles 12 EC, 43 EC and 49 EC — Haulage by operators
                                                                           established in other Member States — National rules requir-
                            (2000/C 273/06)                                         ing enrolment on the register of undertakings)
                                                                                                       (2000/C 273/07)
                   (Language of the case: Portuguese)
                                                                                                 (Language of the case: Italian)
(Provisional translation; the definitive translation will be published
                     in the European Court Reports)                        (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
In Case C-91/99: Commission of the European Communities
(Agent: A. M. Alves Vieira) v Portuguese Republic (Agents:                 In Case C-264/99: Commission of the European Communities
L. Fernandes and M. J. Carvalho) — application for a declar-               (Agents: A. Aresu and M. Patakia) v Italian Republic (Agent:
ation that, by failing to adopt, within the prescribed period, all         Professor Umberto Leanza, assisted by I. M. Braguglia) —
the measures necessary fully to comply with Council Directive              application for a declaration that, by maintaining rules requir-
96/43/EC of 26 June 1996 amending and consolidating Direc-                 ing that Community nationals who carry on business as
tive 85/73/EEC in order to ensure financing of veterinary                  hauliers in Italy as service providers be entered on the
inspections and controls on live animals and certain animal                professional register kept by Chambers of Commerce following
products and amending Directives 90/675/EEC and                            authorisation by the Ministry for the Interior, the Italian
91/496/EEC (OJ 1996 L 162, p. 1), the Portuguese Republic                  Republic has failed to fulfil its obligations under Articles 12
has failed to fulfil its obligations under the EC Treaty — the             EC, 43 EC and 49 EC — the Court (Fourth Chamber),
Court (First Chamber), composed of: L. Sevón, President of                composed of: D. A. O. Edward (Rapporteur), President of the
the Chamber, P. Jann (Rapporteur) and M. Wathelet, Judges;                 Chamber, A. La Pergola and H. Ragnemalm, Judges; S. Alber,
J. Mischo, Advocate General; R. Grass, Registrar, has given a              Advocate General; R. Grass, Registrar, has given a judgment
judgment on 8 June 2000, in which it:                                      on 8 June 2000, in which it: