Case C-479/03: Action brought on 18 November 2003 by the Commission of the European Communities against the Grand Duchy of Luxembourg
Date: 2004-01-10
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, deadline for payment, payment, trading operation

C 7/26

EN

Official Journal of the European Union

10.1.2004

The Commission claims that the Court should:

Pleas in law and main arguments

— declare that, by failing to adopt or,

in any event, to
notify to the Commission the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2000/9/EC (1) of the European Parliament and of
the Council of 20 March 2000 relating to cableway
installations designed to carry persons,
the Hellenic
Republic has failed to fulfil its obligations under that
directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of the directive into national
law expired on 3 May 2002.

(1) OJ L 106, 3.5.2000, p. 21.

Action brought on 18 November 2003 by the Com-
mission of the European Communities against the Grand
Duchy of Luxembourg

(Case C-479/03)

(2004/C 7/44)

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
the
ties on 18 November 2003 by the Commission of
European Communities, represented by M. Patakia, acting as
Agent, with an address for service in Luxembourg.

The Commission of the European Communities claims that
the Court should:

1.

declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2000/35/EC of the European Parliament and of
the Council of 29 June 2000 on combating late payment
in commercial transactions (1) and, in any event, by failing
to inform the Commission thereof, 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.

The period prescribed for the transposition of the directive
expired on 8 August 2002.

(1) OJ 2000 L 200, p. 35.

Action brought on 19 November 2003 by the Com-
mission of the European Communities against the Grand
Duchy of Luxembourg

(Case C-481/03)

(2004/C 7/45)

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
ties on 19 November 2003 by the Commission of
the
European Communities, represented by W. Wils, acting as
Agent, with an address for service in Luxembourg.

The Commission of the European Communities claims that
the Court should:

1.

declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
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 Com-
munity’s railways (1) and 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 (2) and, in any event, by
failing to inform the Commission thereof, the Grand
Duchy of Luxembourg has failed to fulfil its obligations
under those directives;

2.

order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and principal arguments

The period prescribed for the transposition of those directives
expired on 15 March 2003.

(1) OJ L 75, 15.3.2001, p. 1.
(2) OJ L 75, 15.3.2001, p. 26.