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Case C-245/08: Judgment of the Court (Eighth Chamber) of 19 March 2009 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil its obligations — Free movement of persons — Freedom to provide services — Right of establishment — Adjustments consequent on the accession of the Republic of Bulgaria and Romania)
ECLI:EU:UNKNOWN:62008CA0245
62008CA0245
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16.5.2009
Official Journal of the European Union
C 113/12
(Case C-245/08)
(Failure of a Member State to fulfil its obligations - Free movement of persons - Freedom to provide services - Right of establishment - Adjustments consequent on the accession of the Republic of Bulgaria and Romania)
2009/C 113/22
Language of the case: Portuguese
Parties
Applicant: Commission of the European Communities (represented by: P. Andrade and H. Støvlbæk, acting as Agents)
Defendant: Portuguese Republic (represented by: L. Inez Fernandes and F. Fraústo de Azevedo, acting as Agents)
Re:
Failure of a Member State to fulfil its obligations — Failure to have adopted, within the time-limit prescribed, the measures necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141)
Operative part of the judgment
The Court:
1.Declares that, by failing to adopt, within the time-limit prescribed, the laws, regulations and administrative provisions necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania, the Portuguese Republic has failed to fulfil its obligations under Article 2(1) of that directive;
2.Orders the Portuguese Republic to pay the costs.
* * *
(<span class="super">1</span>) OJ C 183, 19.7.2008.