Judgment of the Court (Fifth Chamber) of 24 February 2005 in Case C-383/04: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil its obligations — Directive 1999/105/EC — Marketing of forest reproductive material — Failure to implement within the period prescribed)
Date: 2005-04-30
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, forest, marketing, plant health legislation, plant propagation

30.4.2005

EN

Official Journal of the European Union

C 106/9

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fifth Chamber)

of 24 February 2005

(Fifth Chamber)

of 24 February 2005

in Case C-225/04: Commission of the European Commu-
nities v Republic of Finland (1)

in Case C-383/04: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2001/106/EC — Maritime transport — Non-transposi-
tion within the period prescribed)

(Failure of a Member State to fulfil its obligations — Direc-
tive 1999/105/EC — Marketing of forest reproductive mate-
rial — Failure to implement within the period prescribed)

(2005/C 106/16)

(Language of the case: Finnish)

(2005/C 106/17)

(Language of the case: French)

In Case C-225/04 Commission of the European Commu-
nities (Agents: K. Simonsson and M. Huttunen) v Republic of
Finland (Agent: A. Guimares-Purokoski) — action under
Article 226 EC for failure to fulfil obligations, brought on 1
June 2004 — the Court (Fifth Chamber), composed of R. Silva
de Lapuerta, President of the Chamber, G. Arestis (Rapporteur)
and J. Klučka, Judges; F. G. Jacobs, Advocate General; R. Grass,
Registrar, gave a judgment on 24 February 2005, in which it:

regulations and administrative provisions necessary

1. Declares that, by failing to adopt, within the period prescribed, the
laws,
to
comply with Directive 2001/106/EC of the European Parliament
and of the Council of 19 December 2001 amending Council
Directive 95/21/EC concerning the enforcement,
in respect of
shipping using Community ports and sailing in the waters under
the jurisdiction of the Member States, of international standards
for ship safety, pollution prevention and shipboard living and
working conditions (port State control), the Republic of Finland
has failed to fulfil its obligations under that directive;

In Case C-383/04: action under Article 226 EC for failure to
fulfil obligations, brought on 6 September 2004, between
Commission of
the European Communities (Agent: A.
Bordes) and Grand Duchy of Luxembourg (Agent: S.
Schreiner) — the Court (Fifth Chamber), composed of R. Silva
de Lapuerta, President of Chamber, R. Schintgen and G. Arestis
(Rapporteur), Judges; C. Stix-Hackl, Advocate General; R. Grass,
Registrar, has given a judgment on 24 February 2005 in which
it:

1. Declares that by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Council Direc-
tive 1999/105/EC of 22 December 1999 on the marketing of
forest reproductive material the Grand Duchy of Luxembourg has
failed to fulfil its obligations under that directive;

2. Orders the Republic of Finland to pay the costs.

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

(1) OJ C 262 of 23.10.2004.

(1) OJ C 262 of 23.10.2004.