Case C-227/02: Action brought on 18 June 2002 by the Commission of the European Communities against the Grand Duchy of Luxembourg
Date: 2002-07-27
Institutions: Court of Justice
Subjects: Luxembourg, action for failure to fulfil an obligation, advertising malpractice, application of EU law, comparative advertising, exchange of information

C 180/18

EN

Official Journal of the European Communities

27.7.2002

— Order the French Republic to pay the costs.

Action brought on 18 June 2002 by the Commission of
the European Communities against the Grand Duchy of
Luxembourg

Pleas in law and main arguments

The period prescribed for transposition expired on 21 August
2001.

(1) OJ L 101, 1.4.1998, p. 17.

Action brought on 18 June 2002 by the Commission of
the European Communities against the Grand Duchy of
Luxembourg

(Case C-227/02)

(2002/C 180/30)

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
ties on 18 June 2002 by the Commission of the European
Communities, represented by Denis Martin and Miguel França,
of its Legal Service, acting as Agent, with an address for service
in Luxembourg.

The applicant claims that the Court should:

1. Declare that, by failing to bring into force the laws,
regulations and administrative provisions needed in order
to comply with Directive 97/55/EC (1) of the European
Parliament and of
the Council of 6 October 1997
amending Directive 84/450/EEC (2) concerning mislead-
ing advertising so as to include comparative advertising,
or,
in any event, by failing to have informed the
Commission of any such laws, regulations or administrat-
ive provisions, the Grand Duchy of Luxembourg has
failed to fulfil its obligations under that directive.

2. Order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition expired on 23 April
2000.

(1) OJ L 290, 23.10.1997, p. 18.
(2) OJ L 250, 19.9.1984, p. 17.

(Case C-228/02)

(2002/C 180/31)

An action against The Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
ties on 18 June 2002 by the Commission of the European
Communities, represented by Denis Martin and Miguel França,
acting as Agent, with an address for service in Luxembourg.

The applicant claims that the Court should:

— Declare that, by failing to adopt and bring into force the
laws, regulations and administrative provisions necessary
to comply with Directive 97/7/EC of
the European
Parliament and of the Council of 20 May 1997 on
the protection of consumers in respect of distance
contracts (1), or, in any event, by failing to communicate
to the Commission the adoption of such provisions, the
Grand Duchy of Luxembourg has failed to fulfil
its
obligations under that directive;

— Order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition expired on 4 June
2000.

(1) OJ 1997 L 144, p. 19.

Action brought on 21 June 2002 by French Republic
against Commission of the European Communities

(Case C-233/02)

(2002/C 180/32)

An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 21 June 2002 by the French Republic,
represented by R. Abraham, G. de Bergues and P. Boussaroque,
acting as Agents, with an address for service in Luxembourg.