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Case C-265/06: Judgment of the Court (Third Chamber) of 10 April 2008 — Commission of the European Communities v Portuguese Republic (Failure of a Member State to fulfil obligations — Free movement of goods — Articles 28 EC and 30 EC — Articles 11 and 13 of the EEA Agreement — Quantitative restrictions on imports — Measures having equivalent effect — Motor vehicles — Affixing of tinted film to windows)
ECLI:EU:UNKNOWN:62006CA0265
62006CA0265
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24.5.2008
Official Journal of the European Union
C 128/6
(Case C-265/06)
(Failure of a Member State to fulfil obligations - Free movement of goods - Articles 28 EC and 30 EC - Articles 11 and 13 of the EEA Agreement - Quantitative restrictions on imports - Measures having equivalent effect - Motor vehicles - Affixing of tinted film to windows)
(2008/C 128/08)
Language of the case: Portuguese
Parties
Applicant: Commission of the European Communities (represented by: A. Caeiros, P. Guerra e Andrade and M. Patakia, Agents)
Defendant: Portuguese Republic (represented by: L. Fernandes, Agent, and by A. Duarte de Almeida, lawyer)
Re:
Failure of a Member State to fulfil obligations — Infringement of Articles 28 EC and 30 EC — National legislation prohibiting the affixing of tinted film to the windows of passenger or goods vehicles
Operative part of the judgment
The Court:
1)Declares that, by prohibiting in Article 2(1) of Decree-Law No 40/2003 of 11 March 2003 the affixing of tinted film to the windows of motor vehicles, the Portuguese Republic has failed to fulfil its obligations under Articles 28 EC and 30 EC and Articles 11 and 13 of the Agreement of 2 May 1992 on the European Economic Area;
2)Orders the Portuguese Republic to pay the costs.
(<span class="super">1</span>) OJ C 212, 2.9.2006.