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Document C2007/082/14

Case C-324/06: 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)

OJ C 82, 14.4.2007, p. 8–8 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, RO, SK, SL, FI, SV)

14.4.2007   

EN

Official Journal of the European Union

C 82/8


Judgment of the Court (Seventh Chamber) of 1 February 2007 — Commission of the European Communities v Portuguese Republic

(Case C-324/06) (1)

(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)

(2007/C 82/14)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: A. Szmytkowska and P. Guerra e Andrade, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Fernandes and F. Fraústo de Azevedo, acting as Agents)

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 of the judgment

The Court:

1.

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 Article 2(1) of that directive;

2.

Orders the Portuguese Republic to pay the costs.


(1)  OJ C 224 of 16.9.2006.


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