Judgment of the Court (Eighth Chamber) of 19 March 2009.#Commission of the European Communities v Portuguese Republic.#Failure of a Member State to fulfil obligations - Freedom of movement of persons - Freedom to provide services - Right of establishment - Adjustments consequent on the accession of the Republic of Bulgaria and Romania.#Case C-245/08.

Subject of the case

Re:

Failure of a Member State to fulfil obligations – Failure to adopt, within the prescribed period, the measures necessary to comply with Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania (OJ 2006 L 363, p. 141).

Operative part

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 Council Directive 2006/100/EC of 20 November 2006 adapting certain Directives in the field of freedom of movement of persons, by reason of the accession of Bulgaria and Romania, the Portuguese Republic has failed to fulfil its obligations under Article 2(1) of that directive.

2. Orders the Portuguese Republic to pay the costs.