CELEX: C2001/348/30
Language: en
Date: 2001-12-08 00:00:00
Title: Case C-390/01: Action brought on 9 October 2001 by the Commission of the European Communities against the Portuguese Republic

C 348/16               EN                    Official Journal of the European Communities                                      8.12.2001
      States or of persons who are not resident in such areas,                administrative provisions necessary to comply with
      despite fulfilling the same age requirement, the Italian                Council Directive 96/29/Euratom of 13 May 1996 laying
      Republic has failed to fulfil its obligations under                     down basic safety standards for the protection of the
      Articles 12 and 49 of the EC Treaty.                                    health of workers and the general public against the
                                                                              dangers arising from ionising radiation (1), the Portuguese
—     Order the Italian Republic to pay the costs.                            Republic has failed to fulfil its obligations under
                                                                              Articles 55(1) of that Directive,
                                                                        —     in the alternative, declare that, by failing to inform
Pleas in law and main arguments                                               the Commission immediately of such measures, the
                                                                              Portuguese Republic failed to fulfil its obligations under
                                                                              that Directive,
Granting advantageous admission charges only to Italian
nationals constitutes a restriction on the right to have access
to services to which tourists visiting Italian archaeological and       —     order the Portuguese Republic to pay the costs.
cultural sites are entitled.
The granting of advantageous admission charges to certain
categories of visitors, in this case to those aged over 60 or           Pleas in law and main arguments
65 years, on the basis of their residence within the municipality
in which the cultural site is located, constitutes indirect
discrimination on grounds of nationality since in the end it
affects mainly non-Italian Community tourists, whose                    The provisions of the third paragraph of Article 161 and the
exclusion from benefiting from the lower charges constitutes            first paragraph of Article 192 of the EAEC Treaty require
the disguised objective.                                                Member States to adopt the measures necessary to transpose
                                                                        directives addressed to them into their domestic law before the
                                                                        expiry of the period prescribed for doing so. Despite that
                                                                        period having expired (13 May 2000) the Portuguese Republic
The lower charges offered by the municipal museums thus                 has still not brought into force the provisions necessary to
infringe Articles 12 and 49 of the EC Treaty inasmuch as they           transpose Directive 96/29/Euratom into its legal system.
constitute discrimination on grounds of nationality.
                                                                        (1) OJ 1996 L 314, p. 20.
Action brought on 9 October 2001 by the Commission
of the European Communities against the Portuguese
                             Republic
                          (Case C-389/01)
                                                                        Action brought on 9 October 2001 by the Commission
                                                                        of the European Communities against the Portuguese
                         (2001/C 348/29)                                                            Republic
                                                                                                 (Case C-390/01)
An action against the Portuguese Republic was brought
before the Court of Justice of the European Communities                                         (2001/C 348/30)
on 9 October 2001 by the Commission of the European
Communities, represented by António Caeiros, acting as
Agent, with an address for service in Luxembourg at the office
of Luis Escobar Guerrero, Wagner Centre.
                                                                        An action against the Portuguese Republic as brought before
                                                                        the Court of Justice of the European Communities on 9 Octo-
The applicant claims that the Court should:                             ber 2001 by the Commission of the European Communities,
                                                                        represented by António Catiros, acting as Agent, with an
—     declare that, by failing to adopt and bring into force            address for service in Luxembourg at the office of Luis Escobar
      within the prescribed period the laws, regulations and            Guerrero, Wagner Centre.
 ---pagebreak--- 8.12.2001              EN                   Official Journal of the European Communities                                        C 348/17
The applicant claims that the Court should:                                  Council of 16 February 1998 concerning the placing of
                                                                             biocidal products on the market (1) the Portuguese Repub-
—     declare that, by failing to adopt and bring into force                 lic has failed to fulfil its obligations under Articles 34(1)
      within the prescribed period the laws, regulations and                 of that Directive,
      administrative provisions necessary to comply with
      Council Directive 97/43/Euratom of 30 June 1997 on               —     in the alternative, declare that, by failing to inform
      health protection of individuals against the dangers of                the Commission immediately of such measures, the
      ionising radiation in relation to medical exposure, and                Portuguese Republic failed to fulfil its obligations under
      repealing Directive 84/466/Euratom (1), the Portuguese                 that Directive,
      Republic has failed to fulfil its obligations under
      Articles 14 of that Directive,                                   —     order the Portuguese Republic to pay the costs.
—     in the alternative, declare that, by failing to inform
      the Commission immediately of such measures, the
      Portuguese Republic failed to fulfil its obligations under       Pleas in law and main arguments
      that Directive,
—     order the Portuguese Republic to pay the costs.                  The mandatory nature of the provisions of the third paragraph
                                                                       of Article 249 and the first paragraph of Article 10 of the EC
                                                                       Treaty requires Member States to adopt the measures necessary
                                                                       to transpose directives addressed to them into their domestic
Pleas in law and main arguments                                        law before the expiry of the period prescribed for doing so.
                                                                       That period expired on 14 May 2000 without the Portuguese
                                                                       Republic having brought into force the necessary provisions
The pleas in law and main arguments are similar to those put           to transpose Directive 98/8/EC into its domestic law.
forward in Case C-389/01.
                                                                       (1) OJ L 123, 24.4.1998, p. 1.
( 1) OJ L 180, 9.7.1997, p. 22.
                                                                       Action brought on 8 October 2001 by the French Repub-
Action brought on 9 October 2001 by the Commission                     lic against the Commission of the European Communities
of the European Communities against the Portuguese
                              Republic                                                          (Case C-393/01)
                         (Case C-391/01)                                                        (2001/C 348/32)
                         (2001/C 348/31)
                                                                       An action against the Commission of the European Communi-
                                                                       ties was brought before the Court of Justice of the European
An action against the Portuguese Republic was brought                  Communities on 8 October 2001 by the French Republic,
before the Court of Justice of the European Communities                represented by G. de Bergues and R. Loosli-Surrans, acting as
on 9 October 2001 by the Commission of the European                    agents, with an address for service in Luxembourg.
Communities, represented by António Caeiros, acting as
Agent, with an address for service in Luxembourg at the office
of Luis Escobar Guerrero, Wagner Centre.                               The French Republic claims that the Court should:
                                                                       —     annul Commission Decision 2001/577/EC of 25 July
The applicant claims that the Court should:                                  2001 setting the date on which dispatch from Portugal
                                                                             of bovine products under the date-based export scheme
—     declare that, by failing to adopt and bring into force                 may commence by virtue of Article 22(2) of Decision
      within the prescribed period the laws, regulations and                 2001/376/EC (1),
      administrative provisions necessary to comply with
      Directive 98/8/EC of the European Parliament and of the          —     order the Commission to pay the costs.