Case C-31/04: Action brought on 29 January 2004 by the Commission of the European Communities against the Kingdom of Spain
Date: 2004-03-20
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, copyright

20.3.2004

EN

Official Journal of the European Union

C 71/13

The Commission claims that the agreement of 15 September
1999 to transfer the responsibility for the collection and
treatment of waste from the municipality of Mödling to
AbfallGmbH does not fall to be classified as an ‘internal
transfer’ within the administration of the municipality of
Mödling, as the municipality of Mödling ceased to exercise the
control over AbfallGmbH that it would have over its own
departments. The transfer of responsibility for the carrying out
of public services accordingly involves a public service contract
which was subject to the compulsory tender procedure.

(1) OJ 1992 L 209, p. 1.

Action brought on 29 January 2004 by the Commission
of the European Communities against the Kingdom of
Spain

(Case C-31/04)

(2004/C 71/20)

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 29 Janu-
ary 2004 by the Commission of the European Communities,
represented by K. Banks and F. Castillo de la Torre, of the
Commission’s Legal Service, with an address for service in
Luxembourg.

Action brought on 29 January 2004 by the Commission
of the European Communities against the French Republic

(Case C-32/04)

(2004/C 71/21)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 29 January
2004 by the Commission of the European Communities,
represented by U. Wölker and F. Simonetti, acting as Agents,
with an address for service in Luxembourg.

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

— declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Commission Directive 2001/58/EC of 27 July 2001
amending for the second time Directive 91/155/EEC
defining and laying down the detailed arrangements for
the system of specific information relating to dangerous
preparations in implementation of Article 14 of European
Parliament and Council Directive 1999/45/EC and relat-
ing to dangerous substances in implementation of
Article 27 of Council Directive 67/548/EEC (safety data
sheets) (1), or,
in any event, by failing to inform the
Commission thereof, the French Republic has failed to
fulfil its obligations under that directive;

— 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 2001/29/EC of the European Parliament and of
the Council of 22 May 2001 on the harmonisation of
certain aspects of copyright and related rights in the
information society (1), or in any event by failing to
communicate those provisions to the Commission, the
Kingdom of Spain has failed to fulfil its obligations under
Article 13 of that directive.

— order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The period prescribed by the Directive for its transposition
into national law expired on 22 December 2002.

(1) OJ 2001 L 167, p. 10.

The period for transposition of the directive expired on 30 July
2002.

(1) OJ 2001 L 212, p. 24.

Action brought on 29 January 2004 by the Commission
of the European Communities against the Grand Duchy
of Luxembourg

Case C-33/04

(2004/C 71/22)

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
ties on 29 January 2004 by the Commission of the European
Communities, represented by W. Wils and M. Shotter, acting
as Agents, with an address for service in Luxembourg.