Judgment of the Court (Sixth Chamber) of 30 September 2004 in Case C-481/03: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of Member State to fulfil obligations — Directives 2001/12/EC and 2001/13/EC — The Community's railways — Development — Fair, uniform and non-discriminatory access to the infrastructure — Licensing of railway undertakings — Common scheme — Failure to transpose within the period prescribed)
Date: 2004-11-20
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, rail transport, transport licence, transport policy

C 284/6

EN

Official Journal of the European Union

20.11.2004

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Sixth Chamber)

(Fourth Chamber)

of 30 September 2004

of 30 September 2004

in Case C-496/03: Commission of the European Commu-
nities v French Republic (1)

in Case C-481/03: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(Failure of Member State to fulfil obligations — Directive
2001/59/EC — Failure to transpose)

(Failure of Member State to fulfil obligations — Directives
2001/12/EC and 2001/13/EC — The Community's railways
— Development — Fair, uniform and non-discriminatory
access to the infrastructure — Licensing of railway undertak-
ings — Common scheme — Failure to transpose within the
period prescribed)

(2004/C 284/11)

(Language of the case: French)

In Case C-481/03: Commission of the European Communities
(Agent: W. Wils) v Grand Duchy of Luxembourg (Agents: S.
Schreiner and M. Thill) — action under Article 226 EC for
failure to fulfil obligations, brought on 19 November 2003 —
the Court (Sixth Chamber), composed of: J.-P. Puissochet, Presi-
dent of the Chamber, A. La Pergola and U. Lõhmus (Rappor-
teur), Judges; L.A. Geelhoed, Advocate General; R. Grass, Regis-
trar, gave a judgment on 30 September 2004, the operative
part of which is as follows:

1. By failing to adopt the laws, regulations and administrative provi-
sions necessary to comply with Directive 2001/12/EC of
the
European Parliament and of the Council of 26 February 2001
amending Council Directive 91/440/EEC on the development of
the Community's railways and with Directive 2001/13/EC of the
European Parliament and of the Council of 26 February 2001
amending Council Directive 95/18/EC on the licensing of railway
undertakings, the Grand Duchy of Luxembourg has failed to fulfil
its obligations under those directives;

2. The Grand Duchy of Luxembourg is ordered to pay the costs.

(1) OJ C 7, 10.1.2004.

(2004/C 284/12)

(Language of the case: French)

In Case C-496/03: Commission of the European Communities
(Agents: C.-F. Durand and F. Simonetti) v French Republic
(Agents: G. de Bergues and C. Mercier) — action under Article
226 EC for
failure to fulfil obligations, brought on 24
November 2003 — the Court (Fourth Chamber), composed of:
J.N. Cunha Rodrigues, President of the Chamber, N. Colneric
and E.
Jacobs, Advocate
General; R. Grass, Registrar, gave a judgment on 30 September
2004, in which it:

Juhász (Rapporteur),

Judges; F.G.

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Commission
Directive 2001/59/EC of 6 August 2001 adapting to technical
progress for the 28th time Council Directive 67/548/EEC on the
approximation of the laws, regulations and administrative provi-
sions relating to the classification, packaging and labelling of
dangerous substances, the French Republic has failed to fulfil its
obligations under that directive.

2. Orders the French Republic to pay the costs.

(1) OJ C 21, 24.1.2004.

Appeal brought on 17 August 2004 by Antonio Adolfi
against the order made on 27 May 2004 by the Fourth
Chamber of the Court of First Instance of the European
Communities in Case T-379/02 between Antonio Adolfi
and the Commission of the European Communities

(Case C-357/04 P)

(2004/C 284/13)

An appeal against the order made on 27 May 2004 by the
Fourth Chamber of the Court of First Instance of the European
Communities in Case T-379/02 between Antonio Adolfi and
the Commission of the European Communities was brought
before the Court of Justice of the European Communities on
17 August 2004 by Antonio Adolfi, represented by Salvatore
Amato.