Judgment of the Court (Fourth Chamber) of 18 November 2004 in Case C-422/03 Commission of the European Communities v Kingdom of the Netherlands (Failure of a Member State to fulfil its obligations — Directive 2001/18/EC — Failure to transpose within the prescribed period)
Date: 2005-01-08
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, environmental protection, environmental risk prevention, genetically modified organism

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: