CELEX: C2004/021/48
Language: en
Date: 2004-01-24 00:00:00
Title: Case C-501/03: Action brought on 26 November 2003 by the Commission of the European Communities against the Kingdom of Sweden

C 21/26                  EN                       Official Journal of the European Union                                         24.1.2004
The applicant claims that the Court should:                               The Commission claims that the Court should:
—     Declare that, by approving Order No 783/98 without                  1.     Declare that, by failing to adopt the laws, regulations
      notifying it at the draft stage, the Portuguese Republic has               and administrative provisions necessary to comply with
      failed to fulfil its obligations under Article 8 of Directive              Directive 2001/12/EC (1) of the European Parliament and
      98/34/EC (1) of the European Parliament and of the                         of the Council of 26 February 2001 amending Council
      Council of 22 June 1998 laying down a procedure for                        Directive 91/440/EEC (2) on the development of the
      the provision of information in the field of technical                     Community’s railways, Directive 2001/13/EC (3) of the
      standards and regulations, in the version in force at the                  European Parliament and of the Council of 26 February
      material time;                                                             2001 amending Council Directive 95/18/EC (4) on the
                                                                                 licensing of railway undertakings and Directive 2001/14/
—     Order the Portuguese Republic to pay the costs.                            EC (5) of the European Parliament and of the Council
                                                                                 of 26 February 2001 on the allocation of railway
                                                                                 infrastructure capacity and the levying of charges for the
                                                                                 use of railway infrastructure and safety certification and,
                                                                                 in any event, by not having communicated them to the
Pleas in law and main arguments                                                  Commission, the Kingdom of Sweden has failed to fulfil
                                                                                 its obligations thereunder; and
Article 2 of the Regulamento da Navegação em Albufeiras                   2.     Order the Kingdom of Sweden to pay the costs.
(Waterway Navigation Regulations) (Order No 783/98 of
19 September 1998) contains technical regulations within the
meaning of Community law. It is a regulatory measure adopted
by the Government of the Portuguese Republic which is de jure
mandatory and which lays down the technical characteristics               Pleas in law and main arguments
(dimensions and power) which pleasure craft must observe in
order to be used in Portugal for pleasure navigation in public
waterways in Portugal, the only exception being the waterways
                                                                          The time-limit for transposition of the directives expired on
in the Douro River. The article thus manifestly applies to
                                                                          15 March 2003.
Portugal or, at least, to a major part of it. Accordingly, the
Portuguese Republic ought, pursuant to Article 8(1) of Direc-
tive 98/34/EC, to have forwarded to the Commission the draft
legislative measure which was adopted by the Portuguese                   (1 ) OJ 2001 L 75, p. 1.
Government as Order No 783/98.                                            (2 ) Of 29 July 1991 (OJ 1991 L 237, p. 1).
                                                                          (3 ) OJ 2001 L 75, p. 26.
                                                                          (4 ) Of 19 June 1995 (OJ 1995 L 143, p. 70).
                                                                          (5 ) OJ 2001 L 75, p. 29.
(1) OJ L 204 of 21.7.1998, p. 37.
Action brought on 26 November 2003 by the Com-                            Action brought on 27 November 2003 by the Com-
mission of the European Communities against the                           mission of the European Communities against the
                        Kingdom of Sweden                                                          Kingdom of Spain
                           (Case C-501/03)                                                          (Case C-503/03)
                            (2004/C 21/48)                                                           (2004/C 21/49)
An action against the Kingdom of Sweden was brought                       An action against the Kingdom of Spain was brought before
before the Court of Justice of the European Communities on                the Court of Justice of the European Communities on 27 No-
26 November 2003 by the Commission of the European                        vember 2003 by the Commission of the European Communi-
Communities, represented by W. Wils and K. Simonsson,                     ties, represented by Carmel O’Reilly and Luis Escobar Guerrero,
acting as Agents, with an address for service in Luxembourg.              acting as Agents, with an address for service in Luxembourg.