# C_2006165EN.01001903.xml

| 15.7.2006 | EN | Official Journal of the European Union | C 165/19 |
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15.7.2006

EN

Official Journal of the European Union

C 165/19

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Action brought on 12 May 2006 — Commission of the European Communities v Grand-Duchy of Luxembourg

(Case C-219/06)

(2006/C 165/35)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: N. Yerrell, Agent)

Applicant:

Defendant: Grand-Duchy of Luxembourg

Defendant:

Form of order sought

| — | A declaration that, by failing to adopt measures to comply with the judgment delivered by the Court on 30 September 2004 in Case C-481/03 (1) concerning the failure to communicate measures for the implementation of Directives 2001/12/EC (2) and 2001/13/EC (3), the Grand-Duchy of Luxembourg has failed to fulfil its obligations under those directives and under Article 228(1) EC; |
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A declaration that, by failing to adopt measures to comply with the judgment delivered by the Court on 30 September 2004 in Case C-481/03 (1) concerning the failure to communicate measures for the implementation of Directives 2001/12/EC (2) and 2001/13/EC (3), the Grand-Duchy of Luxembourg has failed to fulfil its obligations under those directives and under Article 228(1) EC;

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| — | an order that the Grand-Duchy of Luxembourg pay the Commission a penalty payment of EUR 4 800 for each day of delay in complying with judgment in Case C-481/03 with regard to Directive 2001/12/EC and a penalty payment of EUR 4 800 for each day of delay in complying with the judgment in Case C-481/03 with regard to Directive 2001/13/EC from the date of judgment herein until the judgment in Case C-481/03 has been complied with; |
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an order that the Grand-Duchy of Luxembourg pay the Commission a penalty payment of EUR 4 800 for each day of delay in complying with judgment in Case C-481/03 with regard to Directive 2001/12/EC and a penalty payment of EUR 4 800 for each day of delay in complying with the judgment in Case C-481/03 with regard to Directive 2001/13/EC from the date of judgment herein until the judgment in Case C-481/03 has been complied with;

| — | an order that the Grand-Duchy of Luxembourg pay the Commission a lump sum, to be calculated by multiplying the daily sum of EUR 1 000 by the number of days the infringement continues, from the date of judgment in Case C-481/03 until the date of judgment herein in relation to Directive 2001/12/EC, together with the same sum in relation to Directive 2001/13/EC; and |
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an order that the Grand-Duchy of Luxembourg pay the Commission a lump sum, to be calculated by multiplying the daily sum of EUR 1 000 by the number of days the infringement continues, from the date of judgment in Case C-481/03 until the date of judgment herein in relation to Directive 2001/12/EC, together with the same sum in relation to Directive 2001/13/EC; and

| — | an order that the Grand-Duchy of Luxembourg pay the costs. |
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an order that the Grand-Duchy of Luxembourg pay the costs.

Pleas in law and main arguments

The Grand-Duchy of Luxembourg has failed to communicate to the Commission any measure adopted following the judgment of the Court in Case C-481/03.

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(1)  Not reported.

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(2)  Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 91/440/EEC on the development of the Community's railways (OJ L 75, p. 1).

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(3)  Directive 2001/13/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 95/18/EC on the licensing of railway undertakings (OJ L 75, p. 26).

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