Case C-68/04: Action brought on 13 February 2004 by the Commission of the European Communities against the Hellenic Republic
Date: 2004-04-17
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, air quality, environmental protection, environmental standard, eutrophication, pollution control, public health

C 94/22

EN

Official Journal of the European Union

17.4.2004

Pleas in law and arguments

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

(1) OJ No L 309, 27.11.2001, p. 1.

(Case C-69/04)

(2004/C 94/47)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Tribunale di Civitavecchia
(District Court, Civitavecchia) of 12 January 2004, received at
the Court Registry on 16 February 2004, for a preliminary
ruling in the case of Fallimento LIGABUE Gate Gourmet Roma
s.p.a. against LSG Sky Chefs s.p.a. on the following questions:

Action brought on 13 February 2004 by the Commission
the Hellenic
of

against

the European Communities
Republic

(Case C-68/04)

(2004/C 94/46)

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 13 February
2004 by the Commission of the European Communities, repre-
sented by Gregorio Valerio Jordana and Minas Konstantinidis,
of its Legal Service.

The Commission claims that the Court should:

— declare that, by failing to adopt, or in any event to notify to
the Commission, the laws, regulations and administrative
Directive
provisions
2001/81/EC (1)of
the
Council of 23 October 2001 on national emission ceilings
for certain atmospheric pollutants, the Hellenic Republic
has failed to fulfil its obligations under that directive;

comply
the European Parliament and of

necessary

with

to

— order the Hellenic Republic to pay the costs.

Does Article 18 of Council Directive 96/97/EC (1) of 15
October 1996, considered in conjunction with the principles of
Community law, and in particular
those of Article 49
(previously 59) of the Treaty, constitute an obstacle to the
application of Article 14 of Legislative Decree No 18 of 13
January 1999, in so far as it imposes on providers of airport
services the obligation to take on staff, thereby restricting their
strategies
power
of
concerning
of
employees?

decision
the

entrepreneurial

remuneration

regarding

number

choice,

and

(1) OJ L 272 of 25.10.1996, p. 36.

Action brought on 16 February 2004 by the Swiss Confed-
eration against the Commission of the European Commu-
nities

(Case C-70/04)

(2004/C 94/48)

Pleas in law and arguments

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

(1) OJ No L 309, 27.11.2001, p. 22.

An action against the Commission of the European Commu-
nities was brought before the Court of Justice of the European
Communities on 16 February 2004 by the Swiss Confedera-
tion, represented by Simon Hirsbrunner and Ulrich Soltész,
Rechtsanwälte, Brussels (Belgium).

The applicant claims that the Court should:

1. annul, in accordance with Article 231(1) EC, the Decision of
the Commission of 5 December 2003 (Case TREN/AMA/11/
03 – German measures relating to the approaches to Zurich
Airport); (1)

Reference for a preliminary ruling by the Tribunale di
Civitavecchia by order of that Court of 12 January 2004 in
the case of Fallimento LIGABUE Gate Gourmet Roma
s.p.a. against LSG Sky Chefs s.p.a.

2. order the Commission to pay the applicant's costs in accord-
ance with Article 69(2) of the Rules of Procedure of the
Court of Justice.