4.7.2009   

EN

Official Journal of the European Union

C 153/14


Judgment of the Court (Sixth Chamber) of 19 May 2009 — Commission of the European Communities v Portuguese Republic

(Case C-253/08) (1)

(Failure of a Member State to fulfil obligations - Directive 2006/22/EC - Approximation of laws - Social legislation relating to road transport activities - Failure to transpose within the prescribed period)

2009/C 153/26

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: N. Yerrell and M. Teles Romão, acting as Agents)

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

Re:

Failure of a Member State to fulfil obligations — Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ 2006 L 102, p. 35)

Operative part of the judgment

The Court:

1.

declares that by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC, the Portuguese Republic has failed to fulfil its obligations under Directive 2006/22;

2.

orders the Portuguese Republic to pay the costs.


(1)  OJ C 223, 30.8.2008.