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20.12.

2008 EN Official Journal of the European Union C 327/19

Parties to the main proceedings Pleas in law and main arguments

Claimants: Panagiotis I. Karanikolas, Valsamis Daravanis, The Portuguese law on access to construction activity and
Georgios Kouvoukliotis, Panagiotis Dolou, Dimitrios Z. Parisis, continued operation therein (Decree-Law No 12/2004) makes
Konstantinos Emmanouil, Ioannis Anasoglou, Pantelis A. Beis, the exercise of construction activity in Portugal subject to a
Dimitrios Khatziandreou, Ioannis A. Zaragkoulias, Triantafillos licence.
K. Mavrogiannis, Sotirios T. Liotakis, Vasilios Karampasis,
Dimitrios Melissidis, Ioannis V. Kleovoulos, Dimitrios I. Patsakos,
Theodoros Fournarakis, Dimitrios K. Dimitrakopoulos and No undertaking, without exception, may carry on in Portugal
Sinetairismos Paraktion Alieon Kavalas building, rebuilding, extension, alteration, repair, conservation,
cleaning, restoration or demolition work or, in general terms,
Defendants: Ipourgos Agrotikis Anaptixis kai Trofimon and any work whatsoever related to construction without prior
Nomarkhiaki Aftodiikisi Dramas — Kavalas — Xanthis authorisation issued by the Portuguese authorities.

Interveners: Alieftikos Agrotikos Sinetairismos gri-gri nomou The Portuguese competition legislation prohibiting undertak-
Kavalas ‘Makedonia’ and Panellinia Enosi Plioktiton Mesis Aliias ings, including Community undertakings, from providing
(P.E.P.M.A.) construction services in Portugal without prior authorisation to
enter the construction industry issued by the Portuguese
authorities constitutes an infringement of Article 49 EC.
Questions referred
The requirements for access to the building industry, as laid
1. Is it permitted, for the purposes of Article 1(2) of Council down in the Portuguese legislation, are establishment require-
Regulation No 1626/94, for a Member State to adopt supple- ments. The Portuguese legislation does not distinguish establish-
mentary measures consisting in the complete prohibition of ment from the provision of services of a temporary nature.
the use of fishing gear whose use is in principle allowed
under the provisions of that regulation? In order to provide services in Portugal undertakings established
in another Member State are obliged to satisfy all the conditions
2. Is it permitted, for the purposes of the provisions of that
necessary for establishment, which means in practice that there
regulation, to use in the marine area of a Member State with
is no solution for those construction companies other than to
a Mediterranean coastline fishing gear which is not included
establish themselves in Portugal. Such a requirement seriously
among the gear specified as being in principle prohibited in
restricts freedom to provide services.
Article 2(3) and Article 3(1) and (1a) of the regulation and
whose use was prohibited before the regulation entered into
force by a national provision of the Member State? The requirements in relation to continuing to operate also
amount to restrictions of the freedom to provide services, for
they make it impossible to provide construction services of a
temporary nature.

The reasons given by the Portuguese State in order to justify the


restrictions in question have not been substantiated and cannot
Action brought on 21 October 2008 — Commission of the be taken into consideration.
European Communities v Portuguese Republic

(Case C-458/08)

(2008/C 327/31)

Language of the case: Portuguese


Action brought on 21 October 2008 — Commission of the
European Communities v Hellenic Republic

Parties (Case C-460/08)

Applicant: Commission of the European Communities (repre- (2008/C 327/32)


sented by: E. Traversa and P. Guerra e Andrade, Agents)

Defendant: Portuguese Republic Language of the case: Greek

Form of order sought


Parties
— A declaration that the Portuguese Republic, by imposing in
respect of the provision of building services in Portugal the Applicant: Commission of the European Communities (repre-
same requirements as in respect of establishment, has failed sented by: G. Rozet and D. Triantafillou)
to fulfil its obligations under Article 49 EC;
— an order that the Portuguese Republic should pay the costs. Defendant: Hellenic Republic
C 327/20 EN Official Journal of the European Union 20.12.2008

Form of order sought Action brought on 27 October 2008 — Commission of the


European Communities v Republic of Estonia
— declare that, by retaining in its legislation the requirement of
(Case C-464/08)
Greek nationality for access to the posts of captain and
officer (chief mate) on all vessels flying the Greek flag, the (2008/C 327/34)
Hellenic Republic has failed to fulfil its obligations under
Article 39 of the EC Treaty; Language of the case: Estonian
— order the Hellenic Republic to pay the costs.
Parties

Pleas in law and main arguments Applicant: Commission of the European Communities (repre-
sented by K. Simonsson and K. Saaremäel-Stoilov, acting as
Justification on the basis of Article 39(4) is lacking since no Agents)
public powers are in fact usually exercised by captains and chief Defendant: Republic of Estonia
mates.

Form of order sought


— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2005/65/EC of the European Parliament and of the Council
of 26 October 2005 on enhancing port security (1), or in
Action brought on 27 October 2008 — Commission of the any event by failing to notify the Commission of the adop-
European Communities v Kingdom of Spain tion of those measures, the Republic of Estonia has failed to
fulfil its obligations under the directive;
(Case C-463/08) — order the Republic of Estonia to pay the costs.

(2008/C 327/33) Pleas in law and main arguments


The period for transposing the directive into national law
Language of the case: Spanish
expired on 15 June 2007.

Parties (1) OJ 2005 L 310, p. 28.

Applicant: Commission of the European Communities (repre-


sented by: H. Støvlbæk and M.A. Rabanal Suárez, acting as
Agents

Defendant: Kingdom of Spain


Action brought on 29 October 2008 — Commission of the
European Communities v Hellenic Republic
Form of order sought (Case C-465/08)

— Declare that, by failing to adopt all the laws, regulations and (2008/C 327/35)
administrative provisions necessary to comply with Directive Language of the case: Greek
2005/36/EC (1) of the European Parliament and of the
Council of 7 September 2005 on the recognition of profes-
sional qualifications, and, in any event, by failing to commu- Parties
nicate those provisions to the Commission, the Kingdom of
Spain has failed to fulfil its obligations under the directive; Applicant: Commission of the European Communities (repre-
sented by: M. Karanasou-Apostolopoulou and H. Støvlbæk)
— order the Kingdom of Spain to pay the costs.
Defendant: Hellenic Republic

Pleas in law and main arguments Form of order sought


The time-limit laid down to transpose Directive 2005/36/EC — declare that, by not adopting the laws, regulations and
expired on 20 October 2007. administrative provisions necessary to comply with Directive
2005/36/EC (1) of the European Parliament and of the
Council of 7 September 2005 on the recognition of profes-
(1) OJ 2005 L 225, p. 22. sional qualifications, and in any event by not notifying those
provisions to the Commission, the Hellenic Republic has
failed to fulfil its obligations under that directive;
— order the Hellenic Republic to pay the costs.