CELEX: C2005/271/10
Language: en
Date: 2005-10-29 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 8 September 2005 in Case C-500/03: Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Directive 98/34/EC — Technical standards and regulations — National rules applicable to recreational craft)

29.10.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 271/6
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 8 September 2005
   in Case C-500/03: Commission of the European Communities v Portuguese Republic (1)
   
   (Failure of a Member State to fulfil obligations - Directive 98/34/EC - Technical standards and regulations - National rules applicable to recreational craft)
   (2005/C 271/10)
   Language of the case: Portuguese
   In Case C-500/03 Commission of the European Communities (Agent: A. Caeiros) v Portuguese Republic (Agents: L. I. Fernandes and M. J. Lois) — action under Article 226 EC for failure to fulfil obligations, brought on 26 November 2003 — the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of the Chamber, R. Schintgen and P. Kűris (Rapporteur), Judges; F. G. Jacobs, Advocate General; R. Grass, Registrar, gave a judgment on 8 September 2005, in which it:
   
               1.
            
            
               Declares that, by adopting Ministerial Decree No 783/98 of 19 September 1998 without having notified it to the Commission of the European Communities at the draft stage, the Portuguese Republic has failed to fulfil its obligations under Article 8 of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and the rules on information society services, as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998;
            
         
               2.
            
            
               Orders the Portuguese Republic to pay the costs.
            
         
      (1)  OJ C 21 of 24.1.2004.