Judgment of the Court (First Chamber) of 21 October 2004 in Case C-445/03: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a State to fulfil obligations — Freedom to provide services — Requirements imposed by the host Member State on undertakings which deploy within its territory salaried workers who are nationals of non-member countries)
Date: 2004-12-04
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, freedom to provide services, work contract, work permit

C 300/22

EN

Official Journal of the European Union

4.12.2004

JUDGMENT OF THE COURT

(Fourth Chamber)

of 14 October 2004

in Case C-339/03: Commission of the European Commu-
nities against the Federal Republic of Germany (1)

(Failure to fulfil obligations — Directive 1999/22/EC —
Keeping of wild animals in zoos — Failure to transpose
within the prescribed time-limit)

(2004/C 300/44)

(Language of the case: German)

In Case C-339/03: Commission of the European Communities
(Agents: J. Schieferer and M. van Beek) v the Federal Republic
of Germany (Agent: M. Lumma) — action under Article 226
EC for
(Fourth
failure to fulfil obligations — the Court
Chamber), composed of J. N. Cunha Rodrigues (Rapporteur),
Acting President of the Fourth Chamber, E. Juhász and M. Ilešič,
Judges; Advocate General: P. Léger, Registrar: R. Grass, has
given a judgment on 14 October 2004, in which it:

1) Declares that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Council Direc-
tive 1999/22/EC of 29 March 1999 relating to the keeping of
wild animals in zoos, in the various länder, with the exception of
Bremen, Hamburg, Hessen, Baden-Württemberg, Niedersachsen,
Berlin, Schleswig-Holstein and Thuringen, the Federal Republic of
Germany has failed to fulfil its obligations under Article 9 of that
directive.

2) Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 226 of 20.9.2003.

JUDGMENT OF THE COURT

(Third Chamber)

of 7 October 2004

N. Dafniou) — action under Article 226 EC for failure to fulfil
obligations, brought on 1 August 2003 — the Court (Third
Chamber), composed of: A. Rosas (Rapporteur), President of
the Chamber, A. Borg Barthet, F. Macken, S. von Bahr and J.
Malenovský,
J. Kokott, Advocate General; R. Grass,
Registrar, has given a judgment on 7 October 2004, in which
it:

Judges;

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Council Direc-
tive 98/49/EC of 29 June 1998 on safeguarding the supplemen-
tary pension rights of employed and self-employed persons moving
within the Community, the Hellenic Republic has failed to fulfil its
obligations under that directive.

2. Orders the Hellenic Republic is ordered to pay the costs.

(1) OJ C 226 of 20.9.2003.

JUDGMENT OF THE COURT

(First Chamber)

of 21 October 2004

in Case C-445/03: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(Failure of a State to fulfil obligations — Freedom to provide
services — Requirements imposed by the host Member State
on undertakings which deploy within its territory salaried
workers who are nationals of non-member countries)

(2004/C 300/46)

(Language of the case: French)

in Case C-341/03: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure by a Member State to fulfil its obligations — Failure
to transpose Directive 98/49/EC)

(2004/C 300/45)

(Language of the case: Greek)

In Case C-341/03: Commission of the European Communities
(Agents: H. Michard and D. Martin) v Hellenic Republic (Agent:

(Provisional translation; the definitive translation will be published in
the European Court Reports)

In Case C-445/03: Commission of the European Communities
(Agents: M. Patakia) v Grand Duchy of Luxembourg (Agents:
S. Schreiner, assisted by A. Rukavina) — action under Article
226 EC for failure to fulfil obligations, brought on 21 October
2003 — the Court (First Chamber), composed of: P. Jann, Presi-
dent of the Chamber, K. Lenaerts (Rapporteur), K. Schiemann,
E. Juhász and M. Ilešič, Judges; Advocate General: D. Ruiz-
Jarabo Colomer, Registrar: R. Grass, has given a judgment on
21 October 2004, in which it:

4.12.2004

EN

Official Journal of the European Union

C 300/23

1. Declares that, by imposing on service providers established in
another Member State who wish to deploy in its territory workers
who are nationals of non-member countries a requirement of indi-
vidual work permits, the issuance of which is subject to considera-
tions relating to the employment market, or a requirement of a
collective work permit, which is granted only in exceptional cases
and only when the workers concerned have, for at least six months
prior to the deployment, been in a relationship with their under-
taking of origin through a contract of employment of indefinite
duration, and by requiring those service providers to provide a
bank guarantee, the Grand Duchy of Luxembourg has failed to
fulfil its obligations under Article 49 EC;

2. Orders the Grand Duchy of Luxembourg to pay the costs.

(1) OJ C 289 of 29.11.2003.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 21 October 2004

in Case C-477/03: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Failure of a Member State to fulfil obligations — Directives
2001/12/EC, 2001/13/EC and 2001/14/EC — Community
railways — Development — Licensing of railway undertak-
infrastructure charges and
ings — Allocation of capacity,
to transpose within the
safety certification — Failure

prescribed period)

(2004/C 300/47)

(Language of the case: German)

In Case C-477/03: action under Article 226 EC for failure to
fulfil obligations brought on 17 November 2003 by Commis-
sion of the European Communities (Agents: C. Schmidt and W.
Wils) against Federal Republic of Germany (Agents: W.-D. Ples-
sing and M. Lumma) — the Court (Sixth Chamber), composed
of: A. Borg Barthet, President of the Chamber, J.-P. Puissochet
and U. Lõhmus (Rapporteur),
Judges; Advocate General: P.
Léger; Registrar: R. Grass, has given a judgment on 21 October
2004, in which it:

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions 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
railways, Directive
the Community's
the
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, and Directive 2001/14/EC of

development

of

the European Parliament and of the Council of 26 February 2001
on the allocation of railway infrastructure capacity and the levying
of charges for the use of railway infrastructure and safety certifica-
tion, the Federal Republic of Germany has failed to fulfil its obli-
gations under those Directives;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 21 of 24.1.2004.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 7 October 2004

in Case C-483/03: Commission of the European Commu-
nities v United Kingdom of Great Britain and Northern
Ireland (1)

(Failure of a Member State to fulfil obligations — Directives
2001/12/EC, 2001/13/EC and 2001/14/EC — The Commu-
nity's railways — Development — Licensing of railway
undertakings — Allocation of infrastructure capacity, levying
of charges for the use of infrastructure and safety certifica-
tion — Failure to transpose within the prescribed period)

(2004/C 300/48)

(Language of the case: English)

In Case C-483/03: action under Article 226 EC for failure to
fulfil obligations, brought on 19 November 2003, between
Commission of the European Communities (Agent: W. Wils)
and United Kingdom of Great Britain and Northern Ireland
(Agents: M. Demetriou and K. Manji) — the Court
(Sixth
Chamber), composed of: J.-P. Puissochet, acting for the Presi-
the Sixth Chamber, S. von Bahr and U. Lõhmus
dent of
(Rapporteur),
Judges; L.A. Geelhoed, Advocate General; R.
Grass, Registrar, has given a judgment on 7 October 2004, in
which it:

1. Declares that, by failing to adopt

of

the laws,

development

regulations and
administrative provisions necessary to comply with Directives
2001/12/EC of the European Parliament and of the Council of
26 February 2001 amending Council Directive 91/440/EEC on
railways, Directive
the Community's
the
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 and Directive 2001/14/EC of
the European Parliament and of the Council of 26 February 2001
on the allocation of railway infrastructure capacity and the levying
of charges for the use of railway infrastructure and safety certifica-
tion, the United Kingdom of Great Britain and Northern Ireland
has failed to fulfil its obligations under those directives;