Case C-159/05: Action brought on 6 April 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg
Date: 2005-05-28
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, contract, financial solvency, guarantee

28.5.2005

EN

Official Journal of the European Union

C 132/19

The Commission claims that the Court should:

Pleas in law and main arguments

to

necessary

1. declare that, by failing to adopt or, in any event, to notify to
the Commission the laws, regulations and administrative
Directive
provisions
2000/34/EC (1) of
the
Council of 22 June 2000 amending Council Directive
93/104/EC concerning certain aspects of the organisation of
working time to cover sectors and activities excluded from
that Directive, the Hellenic Republic has failed to fulfil its
obligations under the Directive;

the European Parliament and of

comply

with

The period allowed for transposition of
national law expired on 27 December 2003.

the Directive into

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

2. order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

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

Action brought on 7 April 2005 by the Commission of the
European Communities against the Italian Republic

(1) OJ L 195, 1.8.2000, p. 41.

Action brought on 6 April 2005 by the Commission of the
the Grand Duchy of
European Communities against

Luxembourg

(Case C-159/05)

(2005/C 132/35)

(Language of the case: French)

An action against
the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Commu-
nities 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 necessary to comply with Direc-
tive 2002/47/EC of the European Parliament and of the
Council of 6 June 2002 on financial collateral arrange-
ments (1) and, in any event, by failing to communicate them
to the Commission, 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.

(Case C-161/05)

(2005/C 132/36)

(Language of the case: Italian)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 7 April 2005
by the Commission of the European Communities, represented
by C. Cattabriga, member of the Commission's Legal Service.

The applicant claims that the Court should:

1. declare that, by failing to notify the data referred to in Arti-
cles 15(4) and 18(1) of Council Regulation (EEC) No
2847/93 (1) of 12 October 1993 establishing a control
system applicable to the common fisheries policy, the Italian
Republic has failed to fulfil its obligations under those provi-
sions;

2. order the Italian Republic to pay the costs.

Pleas in law and main arguments

Articles 15(4) and 18(1) of Regulation No 2847/93 require the
Member States to notify by computer transmission and within
a certain period the Commission of certain data. The Italian
authorities did not notify within the prescribed periods the data
in question for 1999 and 2000. The Italian Republic has there-
fore infringed its notification obligations under those provi-
sions.

(1) OJ 1993 L 261 of 20.10.1993, p. 1.