8.4.2006

Official Journal of the European Union

C 86/15

Action brought on 7 February 2006 — Commission of the European Communities v Portuguese Republic

(Case C-70/06)

(2006/C 86/28)

Language of the case: Portuguese

Parties

Applicant(s): Commission of the European Communities (represented by: Xavier Lewis and António Caeiros)

Defendant(s): Portuguese Republic

The applicant claims that the Court should:

—

declare that, by having failed to take the measures necessary to comply with the judgment of the Court of Justice of the European Communities of 14 October 2004 in Case C-275/03 Commission v Portuguese Republic [2004] ECR I-0000, concerning the transposition into domestic law of Council Directive 89/665/EEC (1) of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts, the Portuguese Republic has failed to fulfil its obligations under Article 228(1) of the EC Treaty;

—

order the Portuguese Republic to pay to the Commission, into the account ‘European Community own resources’, mentioned in Article 9 of Council Regulation (EC, Euratom) No 1150/2000, (2) a penalty payment of EUR 21 450 for every day of delay in complying with the judgment in Case C-275/03 from the day on which the Court of Justice delivers judgment in the present case until the day on which the judgment in Case C-275/03 is complied with;

—	order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

According to the Commission, the draft law on the non-contractual civil liability of the State and other public bodies put before the Assembly of the Republic by the Portuguese Government does not provide the measures necessary to comply with the judgment of the Court of Justice of the European Communities of 14 October 2004 in Case C-275/03 Commission v Portuguese Republic; no other measures whatsoever to comply with that judgment having been communicated to it, the Commission takes the view that the Portuguese Republic has failed to fulfil its obligations under Article 228(1) EC.

(1) OJ L 395, p. 33.

(2) Of 22 May 2000 implementing Decision 94/728/EC, Euratom on the system of the Communities' own resources (OJ L 130, p. 1).