The Case

The Court of Justice of the European Communities ruled that since arts 3(3), 10, 11 and 12(4) of Council Directive (EEC) 92-43 and arts 7 and 8 of Council Directive (EEC) 79-409 had not been implemented in Portuguese law, and arts1, 6(1) to (4) and 12(1)(d) of Directive 92-43 and arts 2, 4(1) and 6 of Directive 79-409 had not been correctly implemented in national law by the Portuguese authorities, Portugal had failed to fulfil its obligations under art 23 of Directive 92-43 and art 18 of Directive 79-409. Accordingly, the action brought by the European Commission was well founded in so far as it concerned those provisions. However, the Commission had not established that compliance with the obligation under art 12 of Directive 79-409 required the adoption of specific implementing measures in national law, and therefore the claim alleging failure to implement art 12 of Directive 79-409 would be rejected.