Case C-422/03: Action brought on 3 October 2003 by the Commission of the European Communities against the Kingdom of the Netherlands
Date: 2003-11-15
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, environmental protection, environmental risk prevention, genetically modified organism

15.11.2003

EN

Official Journal of the European Union

C 275/41

Action brought on 3 October 2003 by the Commission
of the European Communities against the Federal Repub-
lic of Germany

(Case C-420/03)

(2003/C 275/64)

the environment of genetically modified organisms and
repealing Council Directive 90/220/EEC (1), or at any rate
by not informing the Commission thereof, the Republic
of Austria has failed to fulfil its obligations under that
directive;

2.

order the Republic of Austria to pay the costs of the
proceedings.

An action against
the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 3 October 2003 by the Commission of the European
Communities, represented by Prof. Dr Ulrich Wölker, with an
address for service in Luxembourg.

Pleas in law and main arguments

The period for transposition expired on 17 October 2002.

The applicant claims that the Court should:

(1) OJ 2001 L 106, p. 1.

1.

declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to transpose Directive
2001/18/EC of the European Parliament and of the
Council of 12 March 2001 on the deliberate release into
the environment of genetically modified organisms and
repealing Council Directive 90/220/EEC (1), or at any rate
by not informing the Commission thereof, the Federal
Republic of Germany has failed to fulfil its obligations
under that directive;

2.

order the Federal Republic of Germany to pay the costs
of the proceedings.

Pleas in law and main arguments

The period for transposition expired on 17 October 2002.

(1) OJ 2001 L 106, p. 1.

Action brought on 3 October 2003 by the Commission
of the European Communities against the Republic of
Austria

(Case C-421/03)

(2003/C 275/65)

the Republic of Austria was brought
An action against
before the Court of Justice of the European Communities
on 3 October 2003 by the Commission of the European
Communities, represented by Prof. Dr Ulrich Wölker, with an
address for service in Luxembourg.

The applicant claims that the Court should:

1.

declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to transpose Directive
2001/18/EC of the European Parliament and of the
Council of 12 March 2001 on the deliberate release into

Action brought on 3 October 2003 by the Commission
of the European Communities against the Kingdom of the
Netherlands

(Case C-422/03)

(2003/C 275/66)

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities
on 3 October 2003 by the Commission of the European
Communities, represented by Michel Van Beek.

The applicant claims that the Court should:

1. Declare that, by failing to adopt all the laws, regulations
and administrative provisions necessary to comply with
Directive 2001/18/EC of the European Parliament and of
the Council of 12 March 2001 on the deliberate release
into the environment of genetically modified organisms
and repealing Council Directive 90/220/EEC (1), or in any
event by failing to inform the Commission thereof, the
Kingdom of the Netherlands has failed to fulfil
its
obligations under that directive;

2. Order the Kingdom of the Netherlands to pay the costs.

Pleas in law and main arguments

The period for transposition of the Directive expired on
17 October 2002.

(1) OJ 2001 L 106, p. 1.