Case C-67/05: Action brought on 11 February 2005 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2005-04-02
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, environmental protection, groundwater, inland waterway, surface water, territorial waters

C 82/22

EN

Official Journal of the European Union

2.4.2005

The Commission therefore considers that the Hellenic Republic
is in infringement of its obligations under Articles 28, 43 and
49 of the EC Treaty and Article 8 of Directive 98/34/EC.

Appeal brought on 11 February 2005 by Koninklijke
Coöperatie Cosun U.A. against the judgment delivered on
7 December 2004 by the Court of First Instance (Fifth
Chamber) in Case T-240/02 Koninklijke Coöperatie Cosun
U.A.v Commission of the European Communities

(1) OJ L 204 of 21.07.98, p. 37.

Action brought on 11 February 2005 by the Commission
of the European Communities against the Federal Republic
of Germany

(Case C-67/05)

(2005/C 82/44)

(Language of the case: German)

the Federal Republic of Germany was
An action against
brought before the Court of Justice of the European Commu-
nities on 11 February 2005 by the Commission of the Euro-
pean Communities, represented by Ulrich Wölker and Sara
Pardo Quintillian, with an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to give effect to Direc-
tive 2000/60/EC of
the European Parliament and the
Council (1) of 23 October 2000 establishing a framework
for Community action in the field of water policy, or to
inform the Commission thereof, the Federal Republic of
Germany has failed to fulfil its obligations under that direc-
tive;

(Case C-68/05 P)

(2005/C 82/45)

(Language of the case: Dutch)

An appeal against the judgment delivered on 7 December 2004
by the Court of First Instance (Fifth Chamber) in Case T-240/
02, Koninklijke Coöperatie Cosun U.A. v Commission of the
European Communities, was brought before the Court of
Justice of the European Communities on 11 February 2005 by
Koninklijke Coöperatie Cosun U.A., represented by M. Slot-
boom and N.J. Helder, advocates.

The appellant claims that the Court should:

— Annul the contested judgment;

— Determine the dispute itself by setting aside the contested

decision;

— In the alternative, refer the case back to the Court of First

Instance;

and order the Commission to pay the costs, at both first
instance and on appeal.

Pleas in law and main arguments

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

First plea

Pleas in law and main arguments

The period for transposition of Directive 2000/60/EC expired
on 22 December 2003.

Infringement of Community law by virtue of the fact that the
Court of First Instance held that the levy on non-exported C-
sugar is not an import or export duty for the purposes of
Article 13 of Regulation No 1430/79.

(1) OJ 2000 L 327, p. 1.

Second alternative plea

The Court of First Instance disregarded the fact that the levy on
non-exported C-sugar must indeed be treated as an import duty
for the purposes of Regulation No 1430/79.