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24.10.2009 |
EN |
Official Journal of the European Union |
C 256/7 |
Action brought on 22 July 2009 — Commission of the European Communities v Portuguese Republic
(Case C-280/09)
2009/C 256/13
Language of the case: Portuguese
Parties
Applicant: Commission of the European Communities (represented by P. Oliver and G. Braga da Cruz, Agents)
Defendant: Portuguese Republic
Form of order sought
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a declaration that, by failing to adopt the national measures required for the application of Articles 10 and 12 of Regulation (EC) No 273/2004 (1) of the European Parliament and of the Council of 11 February 2004 on drug precursors, by failing to communicate them in accordance with Article 16 of that act and by failing to adopt the national measures required for the application of Articles 26(3) and 31 of Council Regulation (EC) No 111/2005 (2) of 22 December 2004 laying down rules for the monitoring of trade between the Community and third countries in drug precursors, the Portuguese Republic has failed to fulfil its obligations under Regulations (EC) No 273/2004 and (EC) No 111/2005; |
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an order that the Portuguese Republic should pay the costs. |
Pleas in law and main arguments
Regulation No 273/2004 entered into force on 18 August 2005 and Regulation No 111/2005 entered into force on 15 February 2005, being applicable from 18 August 2005.
Not having received any communication at all of any measures taken by the Portuguese Republic to give effect to the abovementioned provisions of those two regulations, and not being in possession of any other information that might allow it to conclude that the necessary measures have been adopted, the Commission supposes that the Portuguese Republic has not yet adopted those measures and so has not fulfilled its obligations under those regulations.