4.8.2007   

EN

Official Journal of the European Union

C 183/25


Action brought on 14 June 2007 — Commission of the European Communities v Portuguese Republic

(Case C-289/07)

(2007/C 183/44)

Language of the case: Portuguese

Parties

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

Defendant: Portuguese Republic

Form of order sought

principally, declare that, by failing to adopt the laws, regulations and administrative provisions necessary to transpose Directive 2004/17/EC (1) of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, the Portuguese Republic has failed to fulfil its obligations under the first subparagraph of Article 71(1) of Directive 2004/17/EC;

or, declare that, by failing in any event to communicate those provisions to the Commission, the Portuguese Republic has failed to fulfil its obligations under that same provision;

order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed expired on 31 January 2006.


(1)  OJ 2004 L 134, p. 1.