Case C-74/05: Action brought on 15 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, air transport, arrangement of working time, carrier, crew, organisation of work, trade union, working time

C 82/24

EN

Official Journal of the European Union

2.4.2005

Pleas in law and main arguments

The period for transposition of the directive into national law
expired on 28 September 2003.

Action brought on 15 February 2005 by the Commission
of the European Communities against the Grand Duchy of
Luxembourg

(1) OJ No L 85, 28.3.2002, p. 40.

(Case C-74/05)

(2005/C 82/49)

(Language of the case: French)

Action brought on 15 February 2005 by the Commission
of the European Communities against the French Republic

(Case C-73/05)

(2005/C 82/48)

(Language of the case: French)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 15 February
2005 by the Commission of the European Communities, repre-
sented by Nicola Yerrell, acting as Agent, with an address for
service in Luxembourg.

The Commission claims that the Court should:

1. Declare that by having failed to adopt all the laws, regula-
tions and administrative measures necessary to comply with
Directive 2000/34/EC of the European Parliament and of
the Council of 22 June 2000 amending Council Directive
93/104/EC concerning certain aspects of the organisation of
working time to cover sectors and activities excluded from
that Directive, (1) and/or by having failed to communicate
them to the Commission, the French Republic has failed to
fulfil its obligations under the EC Treaty;

2. order the French Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of the directive into
domestic law expired on 1 August 2003.

the Grand Duchy of Luxembourg was
An action against
brought before the Court of Justice of the European Commu-
nities on 15 February 2005 by the Commission of the Euro-
pean Communities, represented by Nicola Yerrell, acting as
Agent, with an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by not adopting all the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2000/79/EC of 27 November 2000 concerning
the European Agreement on the Organisation of Working
Time of Mobile Workers in Civil Aviation concluded by the
Association of European Airlines
the European
Transport Workers' Federation (ETF), the European Cockpit
Association (ECA), the European Regions Airline Associa-
tion (ERA) and the International Air Carrier Association
(IACA) (1) or ensuring that management and labour intro-
duced the necessary measures by agreement and/or by not
notifying the Commission of those provisions or measures,
the Grand Duchy of Luxembourg has failed to fulfil its obli-
gations under the EC Treaty;

(AEA),

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

Pleas in law and main arguments

The period for transposition of the directive into national law
expired on 1 December 2003.

(1) OJ L 195 of 1 August 2000, p. 41.

(1) OJ No L 302, 1.12.2000, p. 57.