14.8.2010   

EN

Official Journal of the European Union

C 221/27


Action brought on 9 June 2010 — European Commission v Portuguese Republic

(Case C-286/10)

()

2010/C 221/43

Language of the case: Portuguese

Parties

Applicant: European Commission (represented by: P. Guerra e Andrade and M. van Beek, Agents)

Defendant: Portuguese Republic

Form of order sought

Declare that, by failing to bring into force the laws, regulations and administrative provisions necessary to comply with Council Directive 2005/47/EC (1) of 18 July 2005 on the Agreement between the Community of European Railways (CER) and the European Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the railway sector and, in any event, by failing to communicate such measures to the Commission, the Portuguese Republic has failed to fulfil its obligations under Article 5 of the Directive.

Order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing the directive expired on 26 July 2008.


(1)  OJ 2005 L 195, p. 15.