Case C-31/05: Action brought on 28 January 2005 by the Commission of the European Communities against the French Republic
Date: 2005-04-02
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, approximation of laws, electronic mail, regulation of telecommunications, systems interconnection, telecommunications, transmission network

C 82/12

EN

Official Journal of the European Union

2.4.2005

The Commission of the European Communities claims that the
Court should:

The Commission of the European Communities claims that the
Court should:

1. declare that, by failing to adopt the laws, regulations and

administrative provisions necessary to comply with

1. declare that, by failing to adopt the laws, regulations and

administrative provisions necessary to comply with

— Directive 1999/45/EC of the European Parliament and
of the Council of 31 May 1999 concerning the approxi-
mation of the laws, regulations and administrative provi-
sions of the Member States relating to the classification,
packaging and labelling of dangerous preparations (OJ
1999 L 200, p. 1); and

— Commission Directive 2001/60/EC of 7 August 2001
adapting to technical progress Directive 1999/45/EC of
the European Parliament and of the Council concerning
the approximation of the laws, regulations and adminis-
trative provisions of the Member States relating to the
classification, packaging and labelling of dangerous
preparations (Text with EEA relevance) (OJ 2001 L 226,
p. 5), or, in any event, by not notifying the Commission
of such provisions, the Grand Duchy of Luxembourg
has failed to fulfil its obligations under those directives;

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

— Directive 2002/19/EC of the European Parliament and
of the Council of 7 March 2002 on access to, and inter-
connection of, electronic communications networks and
associated facilities (Access Directive) (OJ 2002 L 108, p.
7);

— Directive 2002/20/EC of the European Parliament and
of the Council of 7 March 2002 on the authorisation of
electronic
services
(Authorisation Directive) (OJ 2002 L 108, p. 21);

communications networks

and

— Directive 2002/21/EC of the European Parliament and
of the Council of 7 March 2002 on a common regula-
tory framework for electronic communications networks
and services (Framework Directive) (OJ 2002 L 108, p.
33);

or, in any event, by failing to communicate those provisions
to the Commission, the French Republic has failed to fulfil
its obligations under Article 18 of the Access Directive,
Article 18 of the Authorisation Directive and Article 28 of
the Framework Directive.

Pleas in law and main arguments

2. order the French Republic to pay the costs.

The period prescribed for the transposition of the directives
into national law expired on 30 July 2002.

Pleas in law and main arguments

The period for transposition of the directives into national law
expired on 24 July 2003.

Action brought on 28 January 2005 by the Commission of
the European Communities against the French Republic

Action brought on 31 January 2005 by the Commission of
the European Communities against the Grand Duchy of
Luxembourg

(Case C-31/05)

(2005/C 82/25)

(Case C-32/05)

(2005/C 82/26)

(Language of the case: French)

(Language of the case: French)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 28 January
2005 by the Commission of the European Communities, repre-
sented by Michael Shotter, acting as Agent, with an address for
service in Luxembourg.

An action against
the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Commu-
nities on 31 January 2005 by the Commission of the European
Communities, represented by Sara Pardo Quintillán and Joanna
Hottiaux, acting as Agents, with an address for service in
Luxembourg.