5.7.2008   

EN

Official Journal of the European Union

C 171/27


Action brought on 7 May 2008 — Commission of the European Communities v Portuguese Republic

(Case C-191/08)

(2008/C 171/41)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: M. Condou-Durande and A. Caeiros, agents, acting as Agents)

Defendant: Portuguese Republic

Form of order sought

Declare that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Council Directive 2004/83/EC (1) of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, the Portuguese Republic has failed to fulfil its obligations under Article 38(1) of Directive 2004/83/EC;

in the alternative, declare that, by failing, in any event, to inform the Commission of the adoption of such measures, the Portuguese Republic has failed to fulfil its obligations under Article 38(1) of Directive 2004/83/EC;

order Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing Directive 2004/83/EC into national law expired on 10 October 2006.


(1)  OJ 2004 L 304, p. 12.