Case C-32/05: Action brought on 31 January 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, environmental protection, groundwater, inland waterway, pollution control measures, surface water

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.

2.4.2005

EN

Official Journal of the European Union

C 82/13

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 Direc-
tive 2000/60/EC of the European Parliament and of the
Council of 23 October 2000 establishing a framework for
Community action in the field of water policy (1) and, in
any event, by failing to communicate them to the Commis-
sion, 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.

Council of 23 October 2000 establishing a framework for
Community action in the field of water policy (1) and,
in
any event, by failing to communicate them to the Commis-
sion, the Kingdom of Belgium has failed to fulfil its obliga-
tions under that directive;

2. order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The period for transposition of the Directive into national law
expired on 22 December 2003.

Pleas in law and main arguments

(1) OJ L 327, 22.12.2000, p. 1

The period for transposition of the Directive into national law
expired on 22 December 2003.

(1) OJ L 327, 22.12.2000, p. 1

Action brought on 31 January 2005 by the Commission of
the European Communities against the United Kingdom

Action brought on 31 January 2005 by the Commission of
the Kingdom of
the European Communities against

Belgium

(Case C-33/05)

(2005/C 82/27)

(Language of the case: French)

Justice of

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

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

(Case C-37/05)

(2005/C 82/28)

(Language of procedure: English)

An action against the United Kingdom was brought before the
Court of Justice of the European Communities on 31 January
2005 by the Commission of the European Communities, repre-
sented by Mr Michel van Beek, acting as agent, assisted by Mr
Frédéric Louis, avocat, and Mr A. Capobianco, avvocato, with
an address for service in Luxembourg.

The Commission requests that the Court should:

— declare that, in failing to correctly transpose the require-
ments of Articles 2(1) and 4 of
the Council Directive
85/337/CEE on the assessment of certain public and private
projects on the environment (1) as amended by Council
Directive 97/11/EC (2), the United Kingdom of Great Britain
and Northern Ireland has failed to fulfil
its obligations
under the Directive and under the Treaty.

1. declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2000/60/EC of the European Parliament and of the

— order the United Kingdom of Great Britain and Northern

Ireland to pay the costs.