7.7.2007   

EN

Official Journal of the European Union

C 155/6


Judgment of the Court (Sixth Chamber) of 24 May 2007 — Commission of the European Communities v Portuguese Republic

(Case C-375/06) (1)

(Failure of Member State to fulfil obligations - Directive 2003/105/EC - Protection of workers - Control of major-accident hazards involving dangerous substances - Failure to transpose within the prescribed period)

(2007/C 155/09)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: A. Caeiros and B. Schima, acting as Agents)

Defendant: Portuguese Republic (represented by: L. Fernandes and F. Fraústo de Azevedo, Agents)

Re:

Failure of Member State to fulfil obligations — Failure to take within the prescribed period the measures necessary to comply with Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances (OJ 2003 L 345, p. 97)

Operative part of the judgment

The Court:

1.

Declares that, by not adopting, within the prescribed period, the laws regulations and administrative provisions necessary to comply with Article 2 of Directive 2003/105/EC of the European Parliament and of the Council of 16 December 2003 amending Council Directive 96/82/EC on the control of major-accident hazards involving dangerous substances, the Portuguese Republic has failed to fulfil its obligations under that directive.

2.

Orders the Portuguese Republic to pay the costs.


(1)  OJ C 261, 28.10.2006.