Case C-501/03: Action brought on 26 November 2003 by the Commission of the European Communities against the Kingdom of Sweden
Date: 2004-01-24
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, rail transport, transport policy

C 21/26

EN

Official Journal of the European Union

24.1.2004

The applicant claims that the Court should:

The Commission claims that the Court should:

— Declare that, by approving Order No 783/98 without
notifying it at the draft stage, the Portuguese Republic has
failed to fulfil its obligations under Article 8 of Directive
98/34/EC (1) of the European Parliament and of the
Council of 22 June 1998 laying down a procedure for
the provision of information in the field of technical
standards and regulations, in the version in force at the
material time;

— Order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

Article 2 of the Regulamento da Navegação em Albufeiras
(Waterway Navigation Regulations)
(Order No 783/98 of
19 September 1998) contains technical regulations within the
meaning of Community law. It is a regulatory measure adopted
by the Government of the Portuguese Republic which is de jure
mandatory and which lays down the technical characteristics
(dimensions and power) which pleasure craft must observe in
order to be used in Portugal for pleasure navigation in public
waterways in Portugal, the only exception being the waterways
in the Douro River. The article thus manifestly applies to
Portugal or, at least, to a major part of it. Accordingly, the
Portuguese Republic ought, pursuant to Article 8(1) of Direc-
tive 98/34/EC, to have forwarded to the Commission the draft
legislative measure which was adopted by the Portuguese
Government as Order No 783/98.

(1) OJ L 204 of 21.7.1998, p. 37.

1. Declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2001/12/EC (1) of the European Parliament and
of the Council of 26 February 2001 amending Council
Directive 91/440/EEC (2) on the development of
the
Community’s railways, Directive 2001/13/EC (3) of the
European Parliament and of the Council of 26 February
2001 amending Council Directive 95/18/EC (4) on the
licensing of railway undertakings and Directive 2001/14/
EC (5) of the European Parliament and of the Council
of 26 February 2001 on the allocation of railway
infrastructure capacity and the levying of charges for the
use of railway infrastructure and safety certification and,
in any event, by not having communicated them to the
Commission, the Kingdom of Sweden has failed to fulfil
its obligations thereunder; and

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

Pleas in law and main arguments

The time-limit for transposition of the directives expired on
15 March 2003.

(1) OJ 2001 L 75, p. 1.
(2) Of 29 July 1991 (OJ 1991 L 237, p. 1).
(3) OJ 2001 L 75, p. 26.
(4) Of 19 June 1995 (OJ 1995 L 143, p. 70).
(5) OJ 2001 L 75, p. 29.

Action brought on 26 November 2003 by the Com-
the
mission of

the European Communities against

Kingdom of Sweden

Action brought on 27 November 2003 by the Com-
the
mission of

the European Communities against

Kingdom of Spain

(Case C-501/03)

(2004/C 21/48)

(Case C-503/03)

(2004/C 21/49)

the Kingdom of Sweden was brought
An action against
before the Court of Justice of the European Communities on
26 November 2003 by the Commission of the European
Communities, represented by W. Wils and K. Simonsson,
acting as Agents, with an address for service in Luxembourg.

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 27 No-
vember 2003 by the Commission of the European Communi-
ties, represented by Carmel O’Reilly and Luis Escobar Guerrero,
acting as Agents, with an address for service in Luxembourg.