Case C-86/04: Action brought on 23 February 2004 by the Commission of the European Communities against the Grand Duchy of Luxembourg
Date: 2004-04-03
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, insurance company, liquidation

C 85/20

EN

Official Journal of the European Union

3.4.2004

Action brought on 20 February 2004 by the Commission
of the European Communities against the Portuguese
Republic

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

(Case C-83/04)

(2004/C 85/37)

An action against
the Portuguese Republic was brought
before the Court of Justice of the European Communities on
20 February 2004 by the Commission of
the European
Communities, represented by Karen Banks and Gonçalo Braga
de Cruz, acting as Agents, with an address for service in
Luxembourg.

The applicant claims that the Court should:

1.

declare that, by having failed to adopt the laws, regu-
lations and administrative provisions needed in order to
comply with Directive 2001/29/EC (1)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, or, in any event, by
having failed to inform the Commission thereof, the
Portuguese Republic has failed to fulfil its obligations
under Article 13 of that directive;

2.

order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of the directive expired
on 22 December 2002.

(1) OJ L 167 of 22.6.2001, p. 10.

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

(Case C-85/04)

(2004/C 85/38)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 23 February
2004 by the Commission of the European Communities,
represented by E. Traversa and P. Léouffre, acting as Agents,
with an address for service in Luxembourg.

1.

declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2001/17/EC of the European Parliament and of
the Council of 19 March 2001 on the reorganisation and
winding-up of insurance undertakings (1), and,
in any
event, by failing to forward those provisions to the
Commission, the French Republic has failed to fulfil its
obligations under Article 31 of that directive;

2.

order the French Republic to pay the costs.

Pleas in law and main arguments

The period for transposition of the directive expired on
20 April 2003.

(1) OJ L 110 of 20.4.2001, p. 28.

Action brought on 23 February 2004 by the Commission
of the European Communities against the Grand Duchy
of Luxembourg

(Case C-86/04)

(2004/C 85/39)

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
ties on 23 February 2004 by the Commission of the European
Communities, represented by E. Traversa and P. Léouffre,
acting as Agents, 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
Directive 2001/17/EC of the European Parliament and of
the Council of 19 March 2001 on the reorganisation and
winding-up of insurance undertakings (1), and,
in any
event, by failing to forward those provisions to the
Commission, the Grand Duchy of Luxembourg has failed
to fulfil its obligations under that directive;

2.

order the Grand Duchy of Luxembourg to pay the costs.

3.4.2004

EN

Official Journal of the European Union

C 85/21

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 20 April 2003.

(1) OJ L 110 of 20.4.2001, p. 28.

Action brought on 23 February 2004 by the Commission
of the European Communities against the Kingdom of
Belgium

(Case C-87/04)

(2004/C 85/40)

An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on
the European
23 February 2004 by the Commission of

Communities, represented by E. Traversa and P. Léouffre,
acting as Agents, 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
Directive 2001/17/EC of the European Parliament and of
the Council of 19 March 2001 on the reorganisation and
winding-up of insurance undertakings (1), and,
in any
event, by failing to forward those provisions to the
Commission, the Kingdom of Belgium has failed to fulfil
its obligations under that directive;

2.

order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The period for transposition of the directive expired on
20 April 2003.

(1) OJ L 110 of 20.4.2001, p. 28.