Case C-34/04: Action brought on 29 January 2004 by the Commission of the European Communities against the Kingdom of the Netherlands
Date: 2004-03-20
Institutions: Court of Justice
Subjects: Argentina, European Commission, Netherlands, action for failure to fulfil an obligation, fishing licence, fishing vessel

C 71/14

EN

Official Journal of the European Union

20.3.2004

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

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

— by failing to comply with the obligation to verify the
compliance of cost accounting systems by an independent
competent body and to publish a statement of compliance
for 1998 and 1999, the Grand Duchy of Luxembourg
has failed to fulfil its obligations under Article 7(5) of
Directive 97/33/EC of the European Parliament and of
the Council of 30 June 1997 on interconnection in
telecommunications with regard to ensuring universal
service and interoperability through application of the
principles of Open Network Provision (ONP) (1);

— by failing in practice to apply correctly the measures
adopted for the purpose of implementing Article 18(1)
and (2) of Directive 98/10/EC as regards verification of
the compliance of the cost accounting system by the
national regulatory authority or another competent body,
independent of the telecommunications organisation and
approved by the national regulatory authority, and as
regards annual publication of a statement of compliance,
the Grand Duchy of Luxembourg has failed to fulfil its
obligations under Article 18 of Directive 98/10/EC of the
European Parliament and of the Council of 26 February
1998 on the application of open network provision
(ONP) to voice telephony and on universal service for
telecommunications in a competitive environment (2).

Pleas in law and main arguments:

The Grand Duchy of Luxembourg has not yet adopted all the
measures necessary in order to ensure the full transposition
and implementation of Article 7(5) of Directive 97/33 as
regards:

— verification of the compliance of the cost accounting
system by the national regulatory authority or another
competent body;

— annual publication of a statement of compliance.

As regards Directive 98/10, verification of the compliance of
the cost accounting system of the operator Entreprise des
Postes et Télécommunications (EPT) has not yet taken place.
In addition, no statement concerning compliance has been
published.

(1) OJ 1997 L 199, p. 32.
(2) OJ 1998 L 101, p. 24.

(Case C-34/04)

(2004/C 71/23)

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities
on 29 January 2004 by the Commission of the European
Communities, represented by T. van Rijn and C. Diderich,
acting as Agents.

The applicant claims that the Court should:

— declare that, by failing to withdraw the fishing licences
granted to the fishing vessels WIRON III and WIRON IV
those vessels to
following the definitive transfer of
Argentina, the Kingdom of the Netherlands has failed to
fulfil its obligations under Article 5 of Regulation (EC)
No 3690/93 of 20 December 1993 establishing a Com-
munity system laying down rules for the minimum
information to be contained in fishing licences;

— order the Kingdom of the Netherlands to pay the costs.

Pleas in law and main arguments

Under the Agreement on relations in the sea fisheries sector
between the European Economic Community and the Argen-
tine Republic (OJ 1993 L 318, p. 2), the fishing vessels WIRON
III and WIRON IV, which flew the Netherlands flag and were
registered in the Netherlands, were transferred to Argentina.
The vessels were removed from the Netherlands register of
fishing vessels, transferred to Argentina and registered there in
the national shipping register. The Commission discovered
that the fishing licences granted to the vessels WIRON III and
WIRON IV had been used again for other vessels. Such conduct
is inconsistent with the obligation imposed on the Netherlands
under Article 5 of Regulation No 3690/93 to withdraw
the fishing licences of vessels which have been definitively
withdrawn from fishing activities. From the Community’s
point of view, the definitive transfer of a vessel to a non-
member country is equivalent to the definitive withdrawal of
that vessel from fishing activity.