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Judgment of the Court (Seventh Chamber) of 1 February 2007. # Commission of the European Communities v Portuguese Republic. # Failure by a Member State to fulfil its obligations - Directive 2004/116/EC - Inclusion of the yeast Candida guilliermondii in Annex I to Directive 82/471/ECC -Failure to adopt necessary measures. # Case C-324/06.
ECLI:EU:C:2007:79
62006CJ0324
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(Case C‑324/06)
Failure by a Member State to fulfil its obligations – Directive 2004/116/EC – Inclusion of the yeast Candida guilliermondii in Annex I to Directive 82/471/EEC – Failure to adopt necessary measures
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. 13)
Re:
Failure by a Member State to fulfil its obligations – Failure to adopt, within the period prescribed, all the measures necessary to comply with Commission Directive 2004/116/EC of 23 December 2004 amending the Annex to Council Directive 82/471/EEC as regards the inclusion of Candida guilliermondii (OJ 2004 L 379, p. 81).
Operative part
The Court:
Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Commission Directive 2004/116/EC of 23 December 2004 amending the Annex to Council Directive 82/471/EEC as regards the inclusion of Candida guilliermondii, the Portuguese Republic has failed to fulfil its obligations under that directive;
Orders the Portuguese Republic to pay the costs.