Case C-54/04: Action brought on 10 February 2004 by the Commission of the European Communities against the Republic of Austria
Date: 2004-03-20
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, atmospheric pollutant, industrial pollution, reduction of gas emissions

C 71/18

EN

Official Journal of the European Union

20.3.2004

— order the Portuguese Republic to pay the costs of this

action.

Action brought on 10 February 2004 by the Commission
of the European Communities against the French Republic

Pleas in law and main arguments

The Portuguese rule in Article 508 of the Civil Code, which
provides, essentially in so far as it deals with strict liability, for
maximum amounts of compensation which are lower than
the minimum guarantee amounts laid down in the Second
Compulsory Motor Insurance Directive, is incompatible with
that Directive.

(1) OJ L 8 of 11.1.1984, p. 17.

Action brought on 10 February 2004 by the Commission
of the European Communities against the Republic of
Austria

(Case C-54/04)

(2004/C 71/31)

(Case C-55/04)

(2004/C 71/32)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 10 February
2004 by the Commission of the European Communities,
represented by A. Borde, 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
Council Directive 2002/11/EC of 14 February 2002 on
the marketing of material for the vegetative propagation
of the vine and repealing Directive 74/649/EEC (1), and
in any event by failing to notify them to the Commission,
the French Republic has failed to fulfil its obligations
under that directive;

2.

order the French Republic to pay the costs

An action against
the Republic of Austria was brought
before the Court of Justice of the European Communities on
10 February 2004 by the Commission of
the European
Communities, represented by Ulrich Wölker and Gregorio
Valero Jordana, acting as Agents, with an address for service in
Luxembourg.

Pleas in law and main arguments

The period prescribed for the transposition of that directive
expired on 23 February 2003.

The applicant claims that the Court should:

(1) OJ 2002 L 53, p. 20.

1.

declare that, by failing to adopt the laws, regulations
and administrative measures necessary to comply with
Directive 2001/80/EC 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 (1), or,
in any event, by failing to
inform 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.

Pleas in law and main arguments

The period for transposition of the directive expired on
27 November 2002.

(1) OJ 2001 L 309, p. 1.

Action brought on 11 February 2004 by the Commission
of the European Communities against the French Republic

(Case C-59/04)

(2004/C 71/33)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 11 February
2004 by the Commission of the European Communities,
represented by K. Banks, acting as Agent, with an address for
service in Luxembourg.