Case C-160/05: Action brought on 6 April 2005 by the Commission of the European Communities against the French Republic
Date: 2005-05-14
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, contract, financial legislation, financial solvency

14.5.2005

EN

Official Journal of the European Union

C 115/17

Action brought on 29 March 2005 by Kingdom of Spain
against the Council of the European Union

The applicant claims that the Court should:

(Case C-139/05)

(2005/C 115/30)

(Language of the case: Spanish)

An action against the Council of the European Union was
brought before the Court of Justice of the European Commu-
nities on 29 March 2005 by Kingdom of Spain, represented by
Enrique Braquehais Conesa, Abogado del Estado, acting as
Agent, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. annul Council Regulation (EC) No 27/2005 (1) of 22
December 2004 fixing for 2005 the fishing opportunities
and associated conditions for certain fish stocks and groups
of fish stocks, applicable in Community waters and, for
Community vessels, in waters where catch limitations are
required, in so far as it does not allocate quotas to Spain in
relation to the fishing opportunities which were distributed
before the accession of that State in respect of the North
Sea;

2. order the defendant institution to pay the costs.

1. annul Council Regulation (EC) No 27/2005 of 22 December
2004 (1) fixing for 2005 the fishing opportunities and asso-
ciated conditions for certain fish stocks and groups of fish
stocks, applicable in Community waters and,
for Com-
munity vessels,
in waters where catch limitations are
required, in so far as it does not assign specific quotas to
the Spanish fleet in Community waters in the North Sea and
the Baltic Sea;

2. order the defendant institution to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are identical to those in
Case C-134/04 (2).

(1) OJ L 12, of 14.01.2005, p. 1.
(2) OJ C 106, of 30. 04. 2004, p. 39.

Pleas in law and main arguments

Action brought on 6 April 2005 by the Commission of the
European Communities against the French Republic

The pleas in law and main arguments are identical to those in
Case C-133/04 (2).

(1) OJ L 12 of 14.1.2005, p. 1.
(2) OJ C 106, of 30.04.2004, p. 38.

(Case C-160/05)

(2005/C 115/32)

(Language of the case: French)

Action brought on 29 March 2005 by Kingdom of Spain
against the Council of the European Union

(Case C-141/05)

(2005/C 115/31)

(Language of the case: Spanish)

An action against the Council of the European Union was
brought before the Court of Justice of the European Commu-
nities on 29 March 2005 by Kingdom of Spain, represented by
Enrique Braquehais Conesa, Abogado del Estado, acting as
Agent, with an address for service in Luxembourg.

An action against the French Republic was brought before the
Court of Justice of the European Communities on 6 April 2005
by the Commission of the European Communities, represented
by D. Maidani, acting as Agent, with an address for service in
Luxembourg.

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

1. declare that, by failing to adopt the laws, regulations and
administrative provisions which are necessary in order to
comply with Directive 2002/47/EC of the European Parlia-
ment and of the Council of 6 June 2002 on financial collat-
eral arrangements (1)and, in any event, by failing to inform
the Commission of them, the French Republic has failed to
fulfil its obligations under that directive;

2. order the French Republic to pay the costs.

C 115/18

EN

Official Journal of the European Union

14.5.2005

Pleas in law and main arguments

The period for transposing the directive into national
expired on 27 December 2003.

law

(1) OJ L 168 of 27.06.2002, p. 43.

care, dental practitioner, veterinary surgeon, midwife, archi-
tect, pharmacist and doctor (1) and, in any event, by failing
to communicate them to the Commission,
the French
Republic has failed to fulfil its obligations under that direc-
tive;

2. order the French Republic to pay the costs.

Pleas in law and main arguments

The period for transposition of the Directive into national law
expired on 1 January 2003.

Action brought on 8 April 2005 by the Commission of the
European Communities against the French Republic

(1) OJ L 206, 31.07.2001, p. 1.

(Case C-164/05)

(2005/C 115/33)

(Language of the case: French)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 8 April 2005
by the Commission of the European Communities, represented
by D. Maidani and H. Støvlbæk, acting as Agents, with an
address for service in Luxembourg.

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 2001/19/EC of the European Parliament and of the
Council of 14 May 2001 amending Council Directives
89/48/EEC and 92/51/EEC on the general system for the
recognition of professional qualifications and Council Direc-
tives 77/452/EEC, 77/453/EEC, 78/686/EEC, 78/687/EEC,
78/1026/EEC, 78/1027/EEC, 80/154/EEC, 80/155/EEC,
85/384/EEC, 85/432/EEC, 85/433/EEC and 93/16/EEC
concerning the professions of nurse responsible for general

Removal from the register of Joined Cases C-426/03, C-
427/03, C-428/03 and C-429/03 (1)

(2005/C 115/34)

(Language of the case: Italian)

(references

By order of 15 December 2004 the President of the Court of
Justice of the European Communities ordered the removal from
the register of Joined Cases C-426/03, C-427/03, C-428/03 and
for a preliminary ruling from the
C-429/03:
Commissione
di Massa Carrara):
GE.M.E.G. Srl v Comune di Carrara CERIT SpA.(C-426/03),
OMYA Spa v Comune di Carrara (C-427/03), Roberto Loren-
zoni v Comune di Carrara Bipielle Riscossioni SpA (C-428/03)
and DUEGI TRASPORTI Srl v Comune di Carrara (C-429/03).

provinciale

tributaria

(1) OJ C 21 of 24.01.2004.