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9.6.2007 |
EN |
Official Journal of the European Union |
C 129/6 |
Action brought on 22 March 2007 — Commission of the European Communities v Portuguese Republic
(Case C-160/07)
(2007/C 129/09)
Language of the case: Portuguese
Parties
Applicant: Commission of the European Communities (represented by: K. Simonsson and P. Andrade, acting as Agents)
Defendant: Portuguese Republic
Form of order sought
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A declaration that, by failing to transpose into domestic law Article 7a, in conjunction with Part B of Annex XI, Article 9(2) and 12(1) in conjunction with Annex VII to Directive 95/21/EC (1), in its latest version under Directive 2002/84/EC (2), the Portuguese Republic has failed to fulfil its obligations under Directive 95/21/EC as subsequently amended (in particular by Directive 2001/106 (3)); |
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an order that the Portuguese Republic should pay the costs. |
Pleas in law and main arguments
The period prescribed for transposition into domestic law of Directive 95/21/EC expired on 30 June 1996. The period prescribed for the transposition of Directive 2001/106/EC expired on 22 July 2003. The period prescribed for the transposition of Directive 2002/84/EC expired on 23 November 2003.
(1) Council Directive 95/21/EC of 19 June 1995 concerning the enforcement, in respect of shipping using Community ports and sailing in the waters under the jurisdiction of the Member States, of international standards for ship safety, pollution prevention and shipboard living and working conditions (port State control) (OJ 1995 L 157, p. 1).
(2) Directive 2002/84/EC of the European Parliament and of the Council of 5 November 2002 amending the Directives on maritime safety and the prevention of pollution from ships (OJ 2002 L 324, p. 53).