Judgment of the Court (Sixth Chamber) of 18 November 2004 in Case C-482/03: Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Directive 2001/14/EC — The Community's railways — Allocation of infrastructure capacity, the levying of charges for the use of infrastructure and safety certification — Failure to transpose within the prescribed period)
Date: 2005-01-08
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, rail transport, transport company, transport policy

C 6/16

EN

Official Journal of the European Union

8.1.2005

JUDGMENT OF THE COURT

(Fourth Chamber)

of 18 November 2004

in Case C-422/03 Commission of the European Commu-
nities v Kingdom of the Netherlands (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2001/18/EC — Failure to transpose within the prescribed
period)

(2005/C 6/28)

(Language of the case: Dutch)

In Case C-422/03 Commission of the European Communities
(Agent: M. van Beek) v Kingdom of the Netherlands (Agents:
H.G. Sevenster and J. van Bakel) – action under Article 226 EC
for failure to fulfil obligations, brought on 3 October 2003 –
the Court (Fourth Chamber), composed of: J.N. Cunha Rodri-
gues, acting for the President of the Fourth Chamber, K, Schie-
mann (Rapporteur) and E. Juhász, Judges; P. Léger, Advocate
General; R. Grass, Registrar, gave a judgment on 18 November
2004, in which it:

1. Declares that, by failing to adopt, within the prescribed period, all
the laws, regulations and administrative provisions necessary to
comply with Directive 2001/18/EC of the European Parliament
and of the Council of 12 March 2001 on the deliberate release
environment of genetically modified organisms and
into the
repealing Council Directive 90/220/EEC,
the
Netherlands has failed to fulfil its obligations under that directive;

the Kingdom of

2. Orders the Kingdom of the Netherlands to pay the costs.

(1) OJ C 275 of 15.11.2003.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 28 October 2004

in Case C-460/03: Commission of the European Commu-
nities v Ireland (1)

(Failure of a Member State to fulfil obligations — Directive
2000/53/EC — End-of-life vehicles — Failure to implement)

(2005/C 6/29)

(Language of the case: English)

In Case C-460/03: action under Article 226 EC for failure to
fulfil obligations, brought on 31 October 2003, between

Commission of the European Communities (Agents: X. Lewis
and M. Konstantinidis) and Ireland (Agent: D. O'Hagan) - the
Court (Fourth Chamber), composed of: J.N. Cunha Rodrigues,
Juhász and
the Fourth Chamber, E.
acting as President of
E. Levits (Rapporteur),
Judges; M. Poiares Maduro, Advocate
General; R. Grass, Registrar, has given a judgment on 28
October 2004, in which it:

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with Directive
2000/53/EC of the European Parliament and of the Council of
18 September 2000 on end-of life vehicles, Ireland has failed to
fulfil its obligations under that directive and in particular Article
10(1) thereof;

2. Orders Ireland to pay the costs.

(1) OJ C 304 of 13.12.2003

JUDGMENT OF THE COURT

(Sixth Chamber)

of 18 November 2004

in Case C-482/03: Commission of the European Commu-
nities v Ireland (1)

(Failure of a Member State to fulfil obligations — Directive
2001/14/EC — The Community's railways — Allocation of
infrastructure capacity, the levying of charges for the use of
infrastructure and safety certification — Failure to transpose
within the prescribed period)

(2005/C 6/30)

(Language of the case: English)

In Case C-482/03: 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 Ireland (Agents: D. O'Hagan and D. Moloney, BL) — the
Court (Sixth Chamber), composed of: J.-P. Puissochet, acting for
the Sixth Chamber, S. von Bahr and U.
the President of
Lõhmus (Rapporteur), Judges; L.A. Geelhoed, Advocate General;
R. Grass, Registrar, has given a judgment on 18 November
2004, in which it:

8.1.2005

EN

Official Journal of the European Union

C 6/17

the laws,

1. Declares that, by failing to adopt

regulations and
administrative provisions necessary to comply with 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 infra-
structure and safety certification, Ireland has failed to fulfil its obli-
gations under that directive;

2. Orders Ireland to pay the costs.

(1) OJ C 7 of 10.1.2004.

2. Orders the Republic of Austria to pay the costs.

(1) OJ C 21 of 24.1.2004.

JUDGMENT OF THE COURT

(Fourth Chamber)

of 28 October 2004

JUDGMENT OF THE COURT

in Case C-505/03 Commission of the European Commu-
nities v French Republic (1)

(Fourth Chamber)

of 28 October 2004

in Case C-497/03 Commission of the European Commu-
nities v Republic of Austria (1)

(Failure to fulfil obligations — Article 28 EC — Measures
having equivalent effect — Sale of food supplements by mail
order — Prohibition)

(2005/C 6/31)

(Language of the case: German)

In Case C-497/03 Commission of the European Communities
(Agents: J.C. Schieferer and B. Schima) v Republic of Austria
(Agent: E. Riedl) — action under Article 226 EC for failure to
fulfil obligations, brought on 24 November 2003 — the Court
(Fourth Chamber), composed of: K. Lenaerts, President of the
Chamber,
Ilešič (Rapporteur),
Judges; D. Ruiz-Jarabo Colomer, Advocate General; R. Grass,
Registrar, gave a judgment on 28 October 2004, in which it:

J.N. Cunha Rodrigues and M.

1. Declares

that, by prohibiting under Paragraph 50(2) of

the
Gewerbeordnung the sale of food supplements by mail order, the
Republic of Austria has failed to fulfil its obligations under Article
28 EC;

(Failure to fulfil obligations — Quality of water intended for
human consumption — Directive 80/778/EEC)

(2005/C 6/32)

(Language of the case: French)

In Case C-505/03 Commission of the European Communities
(Agents: G. Valero Jordana 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 28
November 2003 – the Court (Fourth Chamber), composed of:
J.N. Cunha Rodrigues, acting for the President of the Fourth
Chamber, E.
Judges; M.
Poiares Maduro, Advocate General; R. Grass, Registrar, gave a
judgment on 28 October 2004, in which it:

Juhász (Rapporteur) and M.

Ilešič,

1. Declares that, by failing to comply with the requirements of
Council Directive 80/778/EEC of 15 July 1980 relating to the
quality of water intended for human consumption with regard to
the nitrate content of water intended for human consumption in
Brittany, the French Republic has failed to fulfil its obligations
under Article 7(6) and Annex I of that directive;

2. Orders the French Republic to pay the costs.

(1) OJ C 21 of 24.1.2004.