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Case C-118/05, Commission v Portugal

The ECJ gave judgement in the case of Commission v Portugal (Case C-118/05) on 12 January 2006. Having raised the action on 10 March 2005, the Commission sought a declaration of the Court to the effect that, by failing to adopt the laws, regulations and administrative provisions which are necessary in order to comply with the Water Framework Directive (Directive 2000/60/EC), the Portuguese Republic has failed to fulfil its obligations under Article 24(1) of that Directive. Alternatively, the Commission sought a declaration to the effect that, by failing to inform the Commission immediately of any provisions adopted in transposition of the Water Framework Directive, the Portuguese Republic has failed to fulfil its obligations under Article 24(1) of the Directive.

The period provided to Member States within which they were to have transposed the Directive expired on 22 December 2003. While the Portuguese Republic accepted that it had not introduced the necessary provisions in order to transpose the Directive, it referred to the fact that the technical aspects of a bill, seeking to transpose the Directive, had been completed and that this awaited approval by the Parliament. However as this had not been adopted within the period provided for in the Reasoned Opinion, the Portuguese Republic was held to be in breach of the Directive.

The full text of the judgement is available in French and Portuguese at the following link:

Please click here

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