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Case C-457/07: Judgment of the Court (Fourth Chamber) of 10 September 2009 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Articles 28 EC and 30 EC — Construction products — National approval procedure — Failure to take account of approval certificates drawn up in other Member States — Judgment of the Court establishing the failure of a Member State to fulfil its obligations — Non-implementation — Article 228 EC — Subject-matter of the dispute — Determination during the pre-litigation procedure — Subsequent extension — Not permissible)
ECLI:EU:UNKNOWN:62007CA0457
62007CA0457
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Official Journal of the European Union
C 267/12
(Case C-457/07)
(Failure of a Member State to fulfil obligations - Articles 28 EC and 30 EC - Construction products - National approval procedure - Failure to take account of approval certificates drawn up in other Member States - Judgment of the Court establishing the failure of a Member State to fulfil its obligations - Non-implementation - Article 228 EC - Subject-matter of the dispute - Determination during the pre-litigation procedure - Subsequent extension - Not permissible)
2009/C 267/20
Language of the case: Portuguese
Parties
Applicant: Commission of the European Communities (represented by: S. Pardo Quintillán and P. Andrade, acting as Agents)
Defendant: Portuguese Republic (represented by: L. Inês Fernandes, acting as Agent, N. Ruiz and C. Farinhas, advogados)
Re:
Failure of a Member State to fulfil obligations — Article 228 EC — Failure to comply with the judgment of the Court of Justice of 10 November 2005 in Case C-432/02 — Application for a penalty payment to be imposed
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the Commission of the European Communities to pay the costs.
(1) OJ C 297, 8.12.2007.