Case C-58/05: Action brought on 10 February 2005 by the Commission of the European Communities against the Kingdom of Sweden
Date: 2005-04-16
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, air transport, arrangement of working time, crew, organisation of work, working time

16.4.2005

EN

Official Journal of the European Union

C 93/13

Action brought on 10 February 2005 by the Commission
of the European Communities against the Kingdom of
Sweden

Reference for a preliminary ruling from the Tribunale
Amministrativo Regionale per la Lombardia by order of
that court of 14 December 2004 in WWF Italia and Others
v Regione di Lombardia and with the intervention of the
Associazione migratoristi italiani

(Case C-58/05)

(2005/C 93/23)

(Language of the case: Swedish)

Justice of

An action against the Kingdom of Sweden was brought before
the Court of
the European Communities on 10
February 2005 by the Commission of the European Commu-
nities, represented by L. Ström van Lier and N. Yerrell, acting
as Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. Declare that, by failing to adopt the laws, regulations and
other provisions necessary in order to comply with Council
Directive 2000/79/EC (1) 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), or in any event by failing to inform the Commission
of those provisions, the Kingdom of Sweden has failed to
fulfil its obligations under Article 3 of that Directive, and

(AEA),

2. Order the Kingdom of Sweden to pay the costs.

Pleas in law and main arguments

The period for
December 2003.

implementing the Directive expired on 1

(1) OJ L 302 of 1 December 2000, p. 57.

(Case C-60/05)

(2005/C 93/24)

(Language of the case: Italian)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Tribunale Amministrativo
Regionale per la Lombardia (Italy) of 14 December 2004,
received at the Court Registry on 10 February 2005, for a preli-
minary ruling in the proceedings between WWF Italia and
Others and Regione di Lombardia, and with the intervention of
the Associazione migratoristi
italiani, on the following ques-
tions:

1. Is Directive 79/409/EC (1) to be interpreted as meaning that,
irrespective of the internal allocation of powers between the
State and the Regions laid down by national systems, the
Member States must prepare
implementing provisions
governing all situations considered deserving of protection
by the same, in particular as regards ensuring that hunting
derogations do not exceed the small numbers laid down in
Article 9(1)(c)?

the national

should Directive 79/409/EC be

2. As regards in particular the numbers of hunting deroga-
interpreted as
tions,
meaning that
implementing provision must
refer to a criterion which is determined or can be deter-
mined, and even entrusted to qualified technical bodies, so
that the exercise of hunting derogations is governed by
criteria objectively establishing a quantitative level which
may not be exceeded at national or regional level, having
regard to the various environmental conditions which may
prevail?

3. Does the national provision in Article 19 of Law No
157/92, by requiring the obligatory, but non-binding,
opinion of
INPS to determine that criterion without,
however, providing for a process for reaching agreement
between the regions on the binding determination of the
distribution for each species of
limits of
hunting derogations set at national level as small numbers,
constitute a proper application of Article 9 of the Directive?

the numerical