Case C-528/03: Action brought on 15 December 2003 by the Commission of the European Communities against the Kingdom of the Netherlands
Date: 2004-03-06
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, fishing vessel, harmonisation of standards, maritime safety

C 59/8

EN

Official Journal of the European Union

6.3.2004

2.

order the Kingdom of the Netherlands to pay the costs.

Action brought on 18 December 2003 by the Commission
of the European Communities against the Federal Repub-
lic of Germany

Pleas in law and main arguments

The period for implementation of the Directive expired on
28 December 2002.

(1) OJ 2000 L 332, p. 81.

(Case C-531/03)

(2004/C 59/14)

Action brought on 15 December 2003 by the Commission
of the European Communities against the Kingdom of the
Netherlands

(Case C-528/03)

(2004/C 59/13)

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities on
15 December 2003 by the Commission of the European
Communities, represented by K. Simonsson and W. Wils,
acting as Agents.

The applicant claims that the Court should:

1.

declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Commission Directive 2002/35/EC (1) of 25 April 2002
concerning the setting up of a harmonised safety regime
for fishing vessels of 24 metres in length and over, or, in
any event, by failing to notify the Commission of those
measures, the Kingdom of the Netherlands has failed to
fulfil its obligations under that directive;

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 18 December 2003 by the Commission of the European
Communities, represented by Josef Christian Schieferer, of the
Legal Service of the Commission of the European Communi-
ties, and Florence Simonetti, a national civil servant on
secondment to the Legal Service of the Commission, acting as
Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. Declare that the Federal Republic of Germany has failed
to fulfil its obligations under Article 4, in conjunction
with point 7(b) and (c) of Annex I and point 10(e) of
Annex II, of Council Directive 85/337/EEC (1)of 27 June
1985 on the assessment of the effects of certain public
and private projects on the environment, as amended by
Council Directive 97/11/EC (2) of 3 March 1997,

— in so far as that directive has, in particular, not yet
been transposed for purposes of road construction
projects in the federal Land of Rhineland-Palatinate
and

— in so far as it is possible for road construction
projects in the federal Land of North Rhine-
Westphalia to be granted development consent
without an environmental impact assessment being
carried out;

2.

order the Kingdom of the Netherlands to pay the costs.

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

of the proceedings.

Pleas in law and main arguments

The period for implementation of the Directive expired on
1 January 2003.

Pleas in law and main arguments

(1) OJ 2002 L 112, p. 21.

The period for transposition of Directive 97/11/EC amending
Directive 85/337/EEC expired on 14 March 1999 without the
federal Land of Rhineland-Palatinate having adopted the
necessary measures to implement it, in particular in relation to
road construction projects.