Case C-70/05: Action brought on 14 February 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg
Date: 2005-04-02
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, anti-discriminatory measure, employment policy, equal treatment

2.4.2005

EN

Official Journal of the European Union

C 82/23

That plea is subdivided into the following limbs:

The Commission claims that the Court should:

A. The Court of First Instance disregarded the fact that the levy
on non-exported C-sugar must be regarded as a customs
duty because it pursues the same objective as a customs
duty.

B. The Court of First Instance disregarded the fact that the
manner of establishing the level of
the levy on non-
exported C-sugar indicates that the levy must be regarded
as a customs duty.

C. The Court of First Instance disregarded the fact that the
manner of establishing the amount to be levied on non-
exported C-sugar indicates that the levy must be regarded
as a customs duty.

1. Declare that by not having adopted the laws, regulations
and administrative measures necessary to comply with
Council Directive 2000/78/EC of 27 November 2000 estab-
lishing a general framework for equal treatment in employ-
ment and occupation (1), the Grand Duchy of Luxembourg
has failed to fulfil its obligations under that directive;

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

Pleas in law and main arguments

Third alternative plea

The period prescribed for transposition of the directive into
domestic law expired on 2 December 2003.

In dealing with the second and third pleas put forward in the
alternative by Cosun in its application,
the Court of First
Instance acted in breach of Community law.

(1) OJ L 303 of 2 December 2000, p. 16.

That plea may be subdivided as follows:

A. In dealing with the second and third pleas put forward in
the alternative by Cosun in its application, the Court of
First Instance exceeded the bounds of the dispute.

B. The Court of First Instance unlawfully failed to deal with

the third plea put forward by Cosun in its application.

Fourth alternative plea

Infringement of
certainty and proportionality.

the principles of equal

treatment,

legal

Action brought on 14 February 2005 by the Commission
of the European Communities against the Grand Duchy of
Luxembourg

(Case C-71/05)

(2005/C 82/47)

(Language of the case: French)

Action brought on 14 February 2005 by the Commission
of the European Communities against the Grand Duchy of
Luxembourg

(Case C-70/05)

(2005/C 82/46)

(Language of the case: French)

An action against
the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Commu-
nities on 14 February 2005 by the Commission of the Euro-
pean Communities, represented by Denis Martin, of its Legal
Service.

An action against
the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Commu-
nities on 14 February 2005 by the Commission of the Euro-
pean Communities, represented by Mikko Huttunen, acting as
Agent, with an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by failing to adopt, and in any event to notify
to the Commission, the laws, regulations and administrative
provisions necessary to comply with Directive 2002/30/EC
of the European Parliament and of the Council of 26 March
2002 on the establishment of rules and procedures with
regard to the introduction of noise-related operating restric-
tions at Community airports, (1) the Grand Duchy of Luxem-
bourg has failed to fulfil its obligations under that directive;

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