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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:
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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; |
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2. |
Orders the Portuguese Republic to pay the costs. |