Judgment of the Court (Sixth Chamber) of 12 January 2006 – Commission v Portugal

(Case C-118/05)

Failure of a Member State to fulfil obligations – Directive 2000/60/EC – Community policy in the field of water – Failure to transpose within the prescribed period

1. Actions for failure to fulfil obligations – Examination of 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. 7)

2. Member States – Obligations – Implementation of directives – Failure to fulfil obligations – National system pleaded as justification – Not permissible (Art. 226 EC) (see para. 9)

Re:

Operative part:

The Court:

1.Declares that, by failing to adopt, within the prescribed period, the laws, regulations and administrative provisions necessary to comply with Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, the Portuguese Republic has failed to fulfil its obligations under that Directive;

2.Orders the Portuguese Republic to pay the costs.