Case C-17/04: Action brought on 21 January 2004 by the Commission of the European Communities against the Kingdom of Spain
Date: 2004-03-06
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, air quality, combustion gases, environmental protection, industrial pollution, pollution control, public health

C 59/20

EN

Official Journal of the European Union

6.3.2004

— § 1(1), § 3(1), § 35 and § 37 of the Muster-
bauordnung do not contain any sufficiently
clear workplace or protection rules for sky-
lights, and

— § 3(1) point 1, and § 20 of the Arbeitsstätten-
verordnung do not contain sufficiently binding
rules for loading ramps,

b)

and also by failing to inform the Commission of the
amendment of the laws at issue, the Federal Republic
of Germany has failed to fulfil its obligations under
Articles 3 and 10 of Council Directive 89/654/
EEC (1) of 30 November 1989 concerning the mini-
mum safety and health requirements for the work-
place (first individual directive within the meaning
of Article 16(1) of Directive 89/391/EEC).

2. Order the Federal Republic of Germany to pay the costs

of the proceedings.

Pleas in law and main arguments

The period for
implementing the directive expired on
31 December 1992 without the Federal Republic of Germany
having adopted the necessary provisions in order to comply
with its obligations under Article 3 in conjunction with
Annex I, point 4.4, third sentence, point 10.1, first sentence,
point 10.2 and point 14.1 of the directive.

(1) OJ 1989 L 393, p. 1.

Action brought on 21 January 2004 by the Commission
of the European Communities against the Kingdom of
Spain

(Case C-17/04)

(2004/C 59/33)

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 21 Janu-
ary 2004 by the Commission of the European Communities,
represented by Gregorio Valero Jordana of the Legal Service,
with an address for service in Luxembourg.

— order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The period prescribed for the transposition of the Directive
into domestic law expired on 27 November 2002.

(1) OJ L 309 of 27.11.2001, p. 1.

Action brought on 23 January 2004 by the Commission
of the European Communities against the French Republic

(Case C-20/04)

(2004/C 59/34)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 23 January
2004 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
Commission Directive 2002/50/EC of 6 June 2003
adapting to technical progress Council Directive 1999/
36/EC on transportable pressure equipment (1), or, in any
event, by failing to inform the Commission thereof, the
French Republic has failed to fulfil its obligations under
that directive;

2.

order the French Republic to pay the costs.

The applicant claims that the Court should:

Pleas in law and main arguments

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2001/80/EC (1) of the European Parliament and
of the Council of 23 October 2001 on the limitation of
emissions of certain pollutants into the air from large
combustion plants and in any event by failing to com-
municate those measures
the
Kingdom of Spain has failed to fulfil its obligations under
that directive;

to the Commission,

The time-limit for transposition of the directive expired on
1 January 2003.

(1) OJ 2002 L 149, p. 28.