Case C-370/04: Action brought on 26 August 2004 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2004-10-23
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, harmonisation of standards, national implementing measure, rail transport, technical rule, trans-European network

C 262/22

EN

Official Journal of the European Union

23.10.2004

Reference for a preliminary ruling by the Unabhängiger
Verwaltungssenat Salzburg by order of that court of 16
August 2004 in the case of Georg Schwarz against Bürger-
meister der Landeshauptstadt Salzburg

2. order the defendant to pay the costs.

Pleas in law and main arguments

(Case C-366/04)

(2004/C 262/37)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Unabhängiger Verwaltungs-
senat Salzburg (Independent Administrative Chamber of the
Land of Salzburg, Austria) of 16 August 2004, received at the
Court Registry on 23 August 2004, for a preliminary ruling in
the case of Georg Schwarz against Bürgermeister der Landes-
hauptstadt Salzburg on the following question:

Do Articles 28 to 30 EC in conjunction with Article 7 of
Council Directive 93/43/EEC of 14 June 1993 on the hygiene
of foodstuffs (1) preclude a national provision, adopted before
the entry into force of that directive, under which it is prohib-
ited to offer for sale sugar confectionery or products made
using sugar
from vending
substitutes, without wrapping,
machines?

(1) OJ L 175, p. 1.

Action brought on 26 August 2004 by the Commission of
the European Communities against the Federal Republic of
Germany

(Case C-370/04)

(2004/C 262/38)

the Federal Republic of Germany was
An action against
brought before the Court of Justice of the European Commu-
nities on 26 August 2004 by the Commission of the European
Communities, represented by G. Braun and W. Wils of the
Commission's Legal Service, with an address for service in
Luxembourg.

The period prescribed for
2001/16/EC expired on 20 April 2003.

implementation of Directive

(1) OJ 2001 L 110, p. 1.

Action brought on 1 September 2004 by Commission of
the European Communities against Grand Duchy of
Luxembourg

(Case C-375/04)

(2004/C 262/39)

An action against
the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Commu-
nities on 1 September 2004 by the Commission of the Euro-
pean Communities, represented by M. Shotter, acting as Agent,
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 Direc-
tive 2002/58/EC of the European Parliament and of the
Council of 12 July 2002 concerning the processing of
personal data and the protection of privacy in the electronic
communications sector (Directive on privacy and electronic
communications) (1) or, in any event, by failing to notify
such provisions to the Commission, the Grand Duchy of
Luxembourg has failed to fulfil its obligations under Article
17 of that directive.

— Order the Grand Duchy of Luxembourg to pay the costs.

The applicant claims that the Court should:

Pleas in law and main arguments

1. declare that, by failing to adopt, within the prescribed
period, all the laws, regulations and administrative provi-
sions necessary to implement Directive 2001/16/EC of the
European Parliament and of the Council of 19 March 2001
on the interoperability of the trans-European conventional
rail system (1)
the Federal Republic of
law,
Germany has failed to fulfil
its obligations under the EC
Treaty and under that directive;

in national

The period for the transposition of the directive into national
law expired on 31 October 2003.

(1) OJ L 201 of 31.7.2002, p. 37.