25.10.2008   

EN

Official Journal of the European Union

C 272/14


Action brought on 15 September 2008 — Commission of the European Communities v Portuguese Republic

(Case C-397/08)

(2008/C 272/25)

Language of the case: Portuguese

Parties

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

Defendant: Portuguese Republic

Form of order sought

declare that, by failing to adopt and publish the laws, regulations and administrative provisions necessary to comply with Directive 2003/59/EC (1) of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC and, in any event, by failing to notify the Commission thereof, the Portuguese Republic has failed to fulfil its obligations under that directive;

order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing the directive expired on 10 September 2006.


(1)  OJ 2003 L 226, p. 4.