Case C-211/02: Action brought on 4 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, data processing, personal data, protection of privacy, telecommunications

27.7.2002

EN

Official Journal of the European Communities

C 180/15

The Applicant claims that the Court should:

The applicant claims that the Court should:

(1) declare that by failing to adopt for Gibraltar all the laws,
regulations or administrative provisions necessary to
comply with Council Directive 97/43/Euratom (1) of
30 June 1997 on health protection of individuals against
the dangers of ionizing radiation in relation to medical
exposure, and repealing Directive 84/466/Euratom, or in
any event by failing to communicate them to the
Commission, the United Kingdom has failed fully to fulfil
its obligations under that Directive.

(2) order the United Kingdom to pay the costs.

1. Declare that, by failing to adopt all the laws, regulations
and administrative provisions necessary to comply with
Directive 97/66/EC of the European Parliament and of
the Council of 15 December 1997 concerning the
processing of personal data and the protection of privacy
in the telecommunications sector (1), 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

Pleas in law and main arguments

According to Article 192(1) of the Treaty, Member States shall
take all appropriate measures, whether general or particular,
to ensure fulfilment of the obligations arising out of this Treaty
or resulting from action taken by the institutions of the
Community.

The obligation on the part of the United Kingdom to take
measures in order to comply with the directive is not disputed.

Since the United Kingdom has not informed the Commission
of
the provisions adopted to comply with the directive
concerned with regard to Gibraltar, and since the Commission
is in possession of no other information enabling it to conclude
that the United Kingdom has adopted the necessary provisions,
it is compelled to assume that the United Kingdom has not yet
adopted such provisions and has thus failed to fulfil
its
obligations under the directive.

(1) JO L 180 of 9.7.1997, p. 22.

Action brought on 4 June 2002 by the Commission of the
European Communities against the Grand Duchy of
Luxembourg

(Case C-211/02)

(2002/C 180/25)

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
ties on 4 June 2002 by the Commission of the European
Communities, represented by C. Schmidt, acting as Agent,
with an address for service in Luxembourg.

The period prescribed for transposition expired on 24 October
1998 and 24 October 2000 (as regards Article 5 of the
directive), respectively.

(1) OJ L 24 of 30.1.1998, p. 1.

Action brought on 5 June 2002 by the Commission of the
European Communities against the Republic of Austria

(Case C-212/02)

(2002/C 180/26)

An action against the Republic of Austria was brought before
the Court of Justice of the European Communities on 5 June
2002 by the Commission of the European Communities,
represented by Michel Nolin, of
the Commission’s Legal
Service, acting as Agent, assisted by Rainer Roniger, Rechtsan-
walt, of Haarmann and Hemmelrath, Brussels, having an
address for service at the office of Luis Escobar Guerrero, of
the Commission’s Legal Service, Centre Wagner C 254.

The applicant claims that the Court should:

1.

Rule that the Republic of Austria has failed to fulfil its
obligations under the remedial Directives 89/665/EEC (1)
and 92/13/EEC (2),
in particular the obligations under
Articles 2(1)(a) and (b) thereof, since the Land procure-
ment laws of the Länder of Salzburg, Steiermark, Niederös-
terreich and Kärnten do not ensure in all cases that the
award decision is open to review in a procedure whereby
an unsuccessful tenderer can have that decision set aside;