Case C-457/04: Action brought on 29 October 2004 by the Commission of the European Communities against the Portuguese Republic
Date: 2005-01-08
Institutions: Court of Justice
Subjects: Portugal, action for failure to fulfil an obligation, air quality, diesel fuel, environmental protection, motor fuel, petrol, product quality

C 6/30

EN

Official Journal of the European Union

8.1.2005

Action brought on 28 October 2004 by the Commission
of the European Communities against the United Kingdom
of Great Britain and Northern Ireland

(Case C-455/04)

(2005/C 6/54)

(Language of procedure: English)

An action against the United Kingdom of Great Britain and
Northern Ireland was brought before the Court of Justice of the
European Communities on 28 October 2004 by the Commis-
sion of the European Communities, represented by Carmel
O'Reilly, acting as agent, with an address for service in Luxem-
bourg.

The applicant claims that the Court should:

— principally, declare that, by having failed to adopt the laws,
regulations and administrative provisions necessary to
comply with Directive 2003/17/EC (1) of
the European
Parliament and of the Council of 3 March 2003 amending
Directive 98/70/EC relating to the quality of petrol and
diesel fuels, the Portuguese Republic has failed to fulfil its
obligations under the first paragraph of Article 2 of Direc-
tive 2003/17/EC;

— as an ancillary matter, declare that by not having informed
the Commission of such provisions forthwith, the Portu-
guese Republic has failed to fulfil its obligations under the
first paragraph of Article 2 of Directive 2003/17/EC;

— order the Portuguese Republic to pay the costs.

The Commission requests the Court to:

Pleas in law and main arguments

influx of displaced persons

1. declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2001/55/EC of 20 July 2001 on minimum stan-
dards for giving temporary protection in the event of a
mass
and on measures
promoting a balance of efforts between Member States in
receiving such persons and bearing the consequences
thereof (1), or in any event by failing to communicate them
to the Commission, the United Kingdom of Great Britain
and Northern Ireland has failed to fulfil its obligations under
the Directive;

The period prescribed for the transposition into national law of
Directive 2003/17/EC expired on 30 June 2003.

(1) OJ 2003 L 76, p. 10.

2. order the United Kingdom of Great Britain and Northern

Ireland to pay the costs.

Action brought on 25 October 2004 by Commission of
the European Communities against Italian Republic

Pleas in law and main arguments:

The period within which the directive had to be transposed
expired on 31 December 2002.

(1) OJ L 212, 7.8.2001, p. 12

(Case C-462/04)

(2005/C 6/56)

(Language of the case: Italian)

Action brought on 29 October 2004 by the Commission
the Portuguese
of

the European Communities against

Republic

(Case C-457/04)

(2005/C 6/55)

Justice of

An action against the Portuguese Republic was brought before
the Court of
the European Communities on 29
October 2004 by the Commission of the European Commu-
nities, represented by António Caeiros and Gregorio Valero
Jordana, acting as Agents, with an address for service in Luxem-
bourg.

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 25 October
2004 by the Commission of the European Communities, repre-
sented by Eugenio de March and Carmel O'Reilly, acting as
Agents.

The applicant claims that the Court should:

— Declare that, by failing to adopt the laws, regulations and
administrative provisions needed to comply with Council
Directive 2001/40/EC (1) of 28 May 2001 on the mutual
recognition of decisions on the expulsion of third country
nationals, and by failing in any event to give the Commis-
sion notice thereof, the Italian Republic has failed to fulfil
its obligations under Article 17 of that directive;

— Order the Italian Republic to pay the costs.