Acórdão do Tribunal de Justiça da União Europeia
Processo C-253/08

N.º do Acórdão
62008CJ0253
Data
19/05/2009

Failure of a Member State to fulfil obligations Failure to transpose within the prescribed period Approximation of laws Directive 2006/22/EC Social legislation relating to road transport activities


Sumário

Judgment of the Court (Sixth Chamber) of 19 May 2009.
Commission of the European Communities v Portuguese Republic.
Failure of a Member State to fulfil obligations - Directive 2006/22/EC - Approximation of laws - Social legislation relating to road transport activities -Failure to transpose within the prescribed period.
Case C-253/08.


Texto da decisão





Judgment of the Court (Sixth Chamber) of 19 May 2009 – Commission v Portugal

(Case C‑253/08)

Failure of a Member State to fulfil obligations – Directive 2006/22/EC – Approximation of laws – Social legislation relating to road transport activities –Failure to transpose within the prescribed period

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. 226 EC) (see para. 9)

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC (OJ 2006 L 102, p. 35).

Operative part

The Court:

1.

Declares that by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2006/22/EC of the European Parliament and of the Council of 15 March 2006 on minimum conditions for the implementation of Council Regulations (EEC) No 3820/85 and (EEC) No 3821/85 concerning social legislation relating to road transport activities and repealing Council Directive 88/599/EEC, the Portuguese Republic has failed to fulfil its obligations under Directive 2006/22;

2.

Orders the Portuguese Republic to pay the costs.