CELEX: 62006CJ0324
Language: en
Date: 2007-02-01 00:00:00
Title: Judgment of the Court (Seventh Chamber) of 1 February 2007. # Commission of the European Communities v Portuguese Republic. # Failure by a Member State to fulfil its obligations - Directive 2004/116/EC - Inclusion of the yeast Candida guilliermondii in Annex I to Directive 82/471/ECC -Failure to adopt necessary measures. # Case C-324/06.

Judgment of the Court (Seventh Chamber) of 1 February 2007 – Commission v Portugal
      (Case C‑324/06)
      Failure by a Member State to fulfil its obligations – Directive 2004/116/EC – Inclusion of the yeast Candida guilliermondii in Annex I to Directive 82/471/EEC – Failure to adopt necessary measures
      Actions for failure to fulfil obligations – Examination of the merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 13)
      Re: 
      
         Failure by a Member State to fulfil its obligations – Failure to adopt, within the period prescribed, all the measures necessary
                  to comply with Commission Directive 2004/116/EC of 23 December 2004 amending the Annex to Council Directive 82/471/EEC as
                  regards the inclusion of Candida guilliermondii (OJ 2004 L 379, p. 81).
               
            Operative part
      The Court: 
      
         
                   
               
               
                  
               
               
                  Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission
                     Directive 2004/116/EC of 23 December 2004 amending the Annex to Council Directive 82/471/EEC as regards the inclusion of Candida
                     guilliermondii, the Portuguese Republic has failed to fulfil its obligations under that directive;
                  
               
            
         
                   
               
               
                  
               
               
                  Orders the Portuguese Republic to pay the costs.