1. 

Actions for failure to fulfil obligations — Examination of the merits by the Court — Situation to be taken into consideration — Situation on expiry of the period laid down in the reasoned opinion (Art. 258 TFEU) (see para. 20)

2. 

Member States — Obligations arising under EU law — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU) (see para.24)

3. 

Transport — Road transport — Regulation No 1071/2009 — Common rules concerning the conditions to be complied with to pursue the occupation of road transport operator — National electronic register of road transport undertakings — Failure to establish such a register and the interconnection with the national electronic registers of the other Member States — Failure to fulfil obligations (European Parliament and Council Regulation No 1071/2009, Art. 16(1) and (5) (see paras 15, 21-23, 25, operative part)

1.

Declares that, by failing to create a national electronic register of road transport undertakings and by failing therefore to establish the interconnection with the electronic registers of other Member States, the Portuguese Republic has failed in its obligations under Article 16(1) and (5) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC.

2.

Orders the Portuguese Republic to pay the costs.