CELEX: C2001/348/29
Language: en
Date: 2001-12-08 00:00:00
Title: Case C-389/01: 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.