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Case C-116/14: Action brought on 10 March 2014 — European Commission v Portuguese Republic
ECLI:EU:UNKNOWN:62014CN0116
62014CN0116
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5.5.2014
EN
Official Journal of the European Union
C 135/27
(Case C-116/14)
2014/C 135/32
Language of the case: Portuguese
Parties
Applicant: European Commission (represented by: N. Yerrell and P. Guerra e Andrade, acting as Agents)
Defendant: Portuguese Republic
Form of order sought
The European Commission claims that the Court of Justice shall:
—declare that, by failing to adopt and communicate the necessary guidelines, the Portuguese Republic has not complied with Article 8(1) and (2) of Directive 2008/96/EC (1) of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management;
—order the Portuguese Republic to pay the costs.
Pleas in law and main arguments
Under Article 8(1) of Directive 2008/96/EC, Member States must ensure that guidelines, if they do not already exist, are adopted by 19 December 2011, in order to support the competent entities in the application of the directive.
More than two years after the expiry of the deadline for adopting those guidelines, Portugal has still not adopted them.
Under Article 8(2) of Directive 2008/96/EC, Member States must communicate those guidelines to the Commission within three months of their adoption.
As Portugal has not adopted any guidelines, it has failed to comply with the obligation to communicate.
(1) OJ 2008 L 319, p. 59