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Document 62005CJ0118

Judgment of the Court (Sixth Chamber) of 12 January 2006.
Commission of the European Communities v Portuguese Republic.
Failure of a Member State to fulfil obligations - Directive 2000/60/EC - Community policy in the field of water - Failure to transpose within the prescribed period.
Case C-118/05.

European Court Reports 2006 I-00011*

ECLI identifier: ECLI:EU:C:2006:35





Judgment of the Court (Sixth Chamber) of 12 January 2006 – Commission v Portugal

(Case C-118/05)

Failure of a Member State to fulfil obligations – Directive 2000/60/EC – Community policy in the field of water – Failure to transpose within the prescribed period

1.                     Actions for failure to fulfil obligations – Examination of merits by the Court – Situation to be taken into consideration – Situation on expiry of the period laid down in the reasoned opinion (Art. 226 EC) (see para. 7)

2.                     Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 9)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt the provisions necessary to comply with Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ 2000 L 327, p. 1)

Operative part:

The Court:

1.

Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, the Portuguese Republic has failed to fulfil its obligations under that Directive;

2.

Orders the Portuguese Republic to pay the costs.

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