CELEX: C2004/071/29
Language: en
Date: 2004-03-20 00:00:00
Title: Case C-48/04: Action brought on 6 February 2004 by the Commission of the European Communities against the Portuguese Republic

20.3.2004               EN                         Official Journal of the European Union                                             C 71/17
The Commission of the European Communities claims that                     The applicant claims that the Court should:
the Court should:
                                                                           —     declare, principally, that, by having failed to adopt the
1.    declare that, by failing to adopt the laws, regulations and                laws, regulations and administrative provisions needed in
      administrative provisions necessary to comply with                         order to comply with Directive 2000/76/EC (1)of the
                                                                                 European Parliament and of the Council of 4 December
      —     Directive 1999/45/EC of the European Parliament                      2000 on the incineration of waste, the Portuguese
            and of the Council of 31 May 1999 concerning                         Republic has failed to fulfil its obligations under
            the approximation of the laws, regulations and                       Article 21(1) of Directive 2000/76/EEC;
            administrative provisions of the Member States
            relating to the classification, packaging and labelling        —     declare, in the alternative, that by failing to have immedi-
            of dangerous preparations (1) and                                    ately informed the Commission of any such provisions,
                                                                                 the Portuguese Republic has failed to fulfil its obligations
      —     Commission Directive 2001/60/EC of 7 August                          under Article 21(1) of Directive 2000/76/EEC;
            2001 adapting to technical progress Directive 1999/
            45/EC of the European Parliament and of the                    —     order the Portuguese Republic to pay the costs.
            Council concerning the approximation of the laws,
            regulations and administrative provisions of the
            Member States relating to the classification, packag-
            ing and labelling of dangerous preparations (2),               Pleas in law and main arguments
      or, in any event, by failing to notify the Commission of
      those provisions, the French republic has failed to fulfil           The period prescribed for transposition of the Directive expired
      its obligations under those directives;                              on 28 December 2002.
2.    order the French Republic to pay the costs.
                                                                           (1) OJ L 332 of 28.12.2000, p. 91.
Pleas in law and main arguments
The period prescribed for implementation of those two
directives expired on 30 July 2002.
                                                                           Action brought on 9 February 2004 by the Commission
                                                                           of the European Communities against the Portuguese
(1) OJ 1999 L 200, p. 1.                                                                                 Republic
(2) OJ 2002 L 226, p. 5.
                                                                                                      (Case C-50/04)
                                                                                                      (2004/C 71/30)
                                                                           An action against the Portuguese Republic was brought
Action brought on 6 February 2004 by the Commission
                                                                           before the Court of Justice of the European Communities
of the European Communities against the Portuguese
                                                                           on 9 February 2004 by the Commission of the European
                              Republic
                                                                           Communities, represented by Enrico Traversa and Gonçalo
                                                                           Braga da Cruz, acting as Agents, with an address for service in
                          (Case C-48/04)                                   Luxembourg.
                          (2004/C 71/29)                                   The applicant claims that the Court should:
                                                                           —     declare that, by maintaining in force Article 508(1) of the
                                                                                 Portuguese Civil Code, the Portuguese Republic has failed
An action against the Portuguese Republic was brought                            to fulfil its obligations under Article 1(2) of Directive 84/
before the Court of Justice of the European Communities                          5/EEC (1) of 30 December 1983 on the approximation of
on 6 February 2004 by the Commission of the European                             the laws of the Member States relating to insurance
Communities, represented by A. Caeiros and M. Konstantinidis,                    against civil liability in respect of the use of motor
acting as Agents, with an address for service in Luxembourg.                     vehicles;