Case C-43/05: Action brought on 3 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, anti-discriminatory measure, employment policy, equal treatment, social policy

C 82/14

EN

Official Journal of the European Union

2.4.2005

Pleas in law and main arguments:

A directive must be transposed into binding provisions of
national law in a manner that fully satisfies the requirements of
clarity and legal certainty. Administrative guidance does not
ensure compliance with these requirements. A mere assurance
that a practical breach of the provisions of Council directive
85/337/CEE is unlikely to arise in practice does not constitute
effective transposition of that directive.

(1) OJ L 175, 05.07.1985, p. 4
(2) OJ L 73, 14.03.1997, p. 5

Ireland did not communicate the data required by the afore-
mentioned Articles for the years 1999 or 2000 and is therefore
in breach of its obligations.

(1) OJ L 261, 20.10.1993, p. 1

Action brought on 3 February 2005 by the Commission of
the European Communities against the Federal Republic of
Germany

(Case C-43/05)

(2005/C 82/30)

(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 3 February 2005 by the Commission of the European
Communities, represented by Denis Martin and Horstpeter
Kreppel, with an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by failing to adopt, by 2 December 2003, the/
all laws, regulations and administrative provisions necessary
to comply with Council Directive 2000/78 (1) of 27
November 2000 establishing a general framework for equal
treatment in employment and occupation, or to inform the
Commission thereof, the Federal Republic of Germany has
failed to fulfil its obligations under Article 18 of that direc-
tive. This does not relate to the provisions of the directive
regarding age discrimination;

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

Pleas in law and main arguments

The period for transposition of Directive 2000/78/EC with
regard to the provisions of the directive on age discrimination
has not yet expired for the Federal Republic of Germany. The
period for transposition of the remaining provisions of the
directive expired on 2 December 2003.

(1) OJ 2000 L 303, p. 16.

Action brought on 1 February 2005 by the Commission of
the European Communities against Ireland

(Case C-38/05)

(2005/C 82/29)

(Language of procedure: English)

An action against Ireland was brought before the Court of
Justice of the European Communities on 1 February 2005 by
the Commission of the European Communities, represented by
Mr Barry Doherty, acting as agent, with an address for service
in Luxembourg.

The Commission requests the Court

— to declare that Ireland has breached its obligations under
Articles 15 (4), 18 (1), 19i first and third indents of Council
Regulation (EEC) 2847/93 of 12 October 1993 establishing
a control
system applicable to the common fisheries
policy (1), by failing to communicate the data required by
those provisions for the years 1999 and 2000; and

— to order Ireland to pay the costs of these proceedings.

Pleas in law and main arguments:

Articles 15(4), 18(1) and 19i of Regulation 2847/93 require
the Member States to transmit certain date by computer trans-
mission within a specific deadline.
the
Commission has this data available in order to manage and
develop the common fisheries policy, in particular with regard
to conservation, management and exploitation of living aquatic
resources.

is essential

that

It