CELEX: C2000/163/31
Language: en
Date: 2000-06-10 00:00:00
Title: Case C-126/00: Action brought on 31 March 2000 by the Commission of the European Communities against the Portuguese Republic

10.6.2000             EN                   Official Journal of the European Communities                                     C 163/17
— order the Hellenic Republic to pay the costs.                       Pleas in law and main arguments
                                                                      The pleas in law and main arguments are analogous to those
Pleas in law and main arguments                                       in Case C-105/00 (2); the time-limit for transposition expired
                                                                      on 18 December 1998.
The Member States are required by the binding character of
the third paragraph of Article 249 EC and of Article 10 EC (ex        (1) OJ 1997 L 226, p. 1.
                                                                      (2) See p. 10 of this Official Journal.
third paragraph of Article 189 and Article 5 of the EC Treaty)
to adopt the measures needed to transpose directives into
national law before the expiry of the period laid down for that
purpose and to communicate those measures immediately to
the Commission. That period expired on 23 September 1998
without the Hellenic Republic having communicated to the
Commission the provisions transposing the directive at issue          Action brought on 31 March 2000 by the Commission
into national law.                                                    of the European Communities against the Portuguese
                                                                                                      Republic
(1) OJ L 277, 10.10.1997, p. 24.
                                                                                                 (Case C-126/00)
                                                                                                 (2000/C 163/31)
                                                                      An action against the Portuguese Republic was brought before
                                                                      the Court of Justice of the European Communities on 31 March
                                                                      2000 by the Commission of the European Communities,
                                                                      represented by António Caeiros, of its Legal Service, acting as
Action brought on 31 March 2000 by the Commission                     Agent, with an address for service in Luxembourg at the office
of the European Communities against the Portuguese                    of Carlos Gómez de la Cruz, of its Legal Service, Wagner
                             Republic                                 Centre, Kirchberg.
                                                                      The applicant claims that the Court should:
                         (Case C-125/00)
                                                                      — Declare that, by failing to adopt and bring into force the
                         (2000/C 163/30)                                   laws, regulations and administrative provisions necessary
                                                                           to comply with Commission Directive 98/77/EC (1) of
                                                                           2 October 1998 adapting to technical progress Council
An action against the Portuguese Republic was brought before               Directive 70/220/EEC (2) on the approximation of the laws
the Court of Justice of the European Communities on 31 March               of the Member States relating to measures to be taken
2000 by the Commission of the European Communities,                        against air pollution by emissions from motor vehicles,
represented by António Caeiros, of its Legal Service, acting as           within the period prescribed by Article 4(1) thereof, the
Agent, with an address for service in Luxembourg at the office             Portuguese Republic has failed to fulfil its obligations
of Carlos Gómez de la Cruz, of its Legal Service, Wagner                  under the first paragraph of Article 10 and the fourth
Centre, Kirchberg.                                                         paragraph of Article 249 of the EC Treaty, as well as
                                                                           Article 4(1) of Directive 98/77/EC;
The applicant claims that the Court should:                           — Declare, in the alternative, that by failing to inform the
                                                                           Commission immediately of such measures, the Portuguese
— Declare that, by failing to adopt and bring into force                   Republic failed to fulfil its obligations under the same
    within the prescribed period the laws, regulations and                 provisions;
    administrative provisions necessary to comply with Direc-
    tive 97/24/EC (1) of the European Parliament and of the           — Order the Portuguese Republic to pay the costs.
    Council of 17 June 1997 on certain component and
    characteristics of two or three-wheel motor vehicles, the
    Portuguese Republic has failed to fulfil its obligations          Pleas in law and main arguments
    under the first paragraph of Article 10 and the third
    paragraph of Article 249 of the EC Treaty as well as Article      The pleas in law and main arguments are analogous to those
    8(10) of Directive 97/24/EC; and                                  in Case C-105/00 (3) the time-limit for transposition expired
                                                                      on 31 December 1998.
— Declare, in the alternative, that, by failing to inform the
    Commission immediately of such measures, the Portuguese           (1) OJ 1998 L 286, p. 34.
    Republic failed to fulfil its obligations under the same          (2) OJ 1970 L 76, p. 1.
    provisions;                                                       (3) See p. 10 of this Official Journal.
— Order the Portuguese Republic to pay the costs.