Judgment of the Court (Fifth Chamber) of 28 April 2005 in Case C-329/04: Commission of the European Communities v Federal Republic of Germany (Failure by a Member State to fulfil its obligations — Directive 2000/43/EC — Failure to transpose within the prescribed period)
Date: 2005-06-11
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, anti-discriminatory measure, equal treatment

11.6.2005

EN

Official Journal of the European Union

C 143/13

JUDGMENT OF THE COURT

(Fourth Chamber)

of 14 April 2005

in Case C-171/04 Commission of the European Commu-
nities v Kingdom of the Netherlands (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2001/80/EC — non-transposition)

(2005/C 143/16)

(Language of the case: Dutch)

In Case C-171/04 Commission of the European Communities
(Agents: M. van Beek and G. Valero Jordana) v Kingdom of the
Netherlands (Agents: H. Sevenster and J. van Bakel) — action
under Article 226 EC for failure to fulfil obligations, brought
on 5 April 2004 — the Court (Fourth Chamber), composed of
K. Lenaerts, President of Chamber, N. Colneric and E. Juhász
Judges; M. Poiares Maduro, Advocate General;
(Rapporteur),
R. Grass, Registrar, gave a judgment on 14 April 2005,
in
which it:

1. Declares that by not adopting the legislation, regulations and
administrative provisions necessary to comply with Directive
2001/80/EC of the European Parliament and of the Council of
23 October 2001 on the limitation of emissions of certain pollu-
tants into the air from large combustion plants, the Kingdom of
the Netherlands has failed to fulfil its obligations under that direc-
tive;

2. Orders the Kingdom of the Netherlands to pay the costs.

Republic (Agent: N. Dafniou) — action for failure to fulfil obli-
gations under Article 226 EC, brought on 14 July 2004 — the
Court (Sixth Chamber), composed of A. Borg Barthet, President
of the Chamber, J.-P. Puissochet and J. Malenovský, Judges; D.
Ruiz-Jarabo Colomer, Advocate General; R. Grass, Registrar,
gave a judgment on 14 April 2005, in which it:

(1) Declares that, by failing to adopt

the laws, regulations and
administrative provisions necessary to comply with Commission
Directive 2002/77/EC of 16 September 2002 on competition in
the markets for electronic communications networks and services,
the Hellenic Republic has failed to fulfil its obligations under that
directive.

(2) Orders the Hellenic Republic to pay the costs.

(1) OJ C 228 of 11. 09. 2004.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 28 April 2005

(1) OJ C 106 of 30.4.2004

in Case C-329/04: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 2000/43/EC — Failure to transpose within the prescribed
period)

JUDGMENT OF THE COURT

(Sixth Chamber)

of 14 April 2005

(2005/C 143/18)

(Language of the case: German)

in Case C-299/04: Commission of the European Commu-
nities v Hellenic Republic (1)

(Failure by a Member State to fulfil its obligations — Direc-
tive 2002/77/EC — Markets for electronic communications
networks and services — Failure to transpose within the
prescribed period)

(2005/C 143/17)

(Language of the case: Greek)

In Case C-329/04 Commission of the European Communities
(Agents: D. Martin and H. Kreppel) v Federal Republic of
Germany (Agent: C.-D Quassowski) — action for failure to
fulfil obligations under Article 226 EC, brought on 29 July
2004 — the Court (Fifth Chamber), composed of R. Silva de
Lapuerta, President of the Chamber, P. Kūris and J. Klučka,
Judges; P. Léger, Advocate General; R. Grass, Registrar, gave a
judgment on 28 April 2005, in which it:

In Case C-299/04, Commission of the European Communities
(Agents: T. Christoforou and K. Mojzesowicz) v Hellenic

(1) Declares that, by failing to adopt, within the prescribed period,
the laws, regulations and administrative provisions necessary to
comply with Council Directive 2000/43/EC of 29 June 2000

C 143/14

EN

Official Journal of the European Union

11.6.2005

implementing the principle of equal treatment between persons
irrespective of racial or ethnic origin,
the Federal Republic of
Germany has failed to fulfil its obligations under that directive.

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

(1) OJ C 262 of 23.10.2004.

(2) Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 239 of 25. 09. 2004.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 28 April 2005

in Case C-375/04: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(Failure of a Member State to fulfil obligations — Directive
2002/58/EC — Electronic communications — Processing of
personal data — Protection of privacy — Protection of
natural persons — Failure to tranpose within the prescribed
period)

(2005/C 143/19)

(Language of the case: French)

JUDGMENT OF THE COURT

(Sixth Chamber)

of 28 April 2005

in Case C-376/04: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Failure of a Member State to fulfil obligations — Directive
2002/58/EC — Electronic communications — Processing of
personal data — Protection of privacy — Protection of
natural persons — Failure to transpose within the prescribed
period)

(2005/C 143/20)

(Language of the case: French)

In Case C-376/04 Commission of the European Commu-
nities (Agent: M. Shotter) v Kingdom of Belgium (Agent: E.
Dominkovits) — action under Article 226 EC for failure to
fulfil obligations, brought on 2 September 2004 — the Court
(Sixth Chamber), composed of A. Borg Barthet, President of the
Chamber, U. Lõhmus (Rapporteur) and A. Ó Caoimh, Judges;
C. Stix-Hackl, Advocate General; R. Grass, Registrar, gave a
judgment on 28 April 2005, in which it:

In Case C-375/04 Commission of the European Commu-
nities (Agent: M. Shotter) v Grand Duchy of Luxembourg
(Agent: S. Schreiner) — action under Article 226 EC for failure
to fulfil obligations, brought on 1 September 2004 — the
Court (Sixth Chamber), composed of A. Borg Barthet, President
of the Chamber, U. Lõhmus (Rapporteur) and A. Ó Caoimh,
Judges; C. Stix-Hackl, Advocate General; R. Grass, Registrar,
gave a judgment on 28 April 2005, in which it:

1. Declares that, by failing to adopt within the prescribed period all
the laws, regulations and administrative provisions necessary to
comply with Directive 2002/58/EC of the European Parliament
and of the Council of 12 July 2002 concerning the processing of
personal data and the protection of privacy in the electronic
(Directive on privacy and electronic
communications
communications), the Kingdom of Belgium has failed to fulfil its
obligations under that directive;

sector

regulations and administrative provisions necessary

1. Declares that, by failing to adopt within the prescribed period the
laws,
to
comply with Directive 2002/58/EC of the European Parliament
and of the Council of 12 July 2002 concerning the processing of
personal data and the protection of privacy in the electronic
communications
(Directive on privacy and electronic
communications), the Grand Duchy of Luxembourg has failed to
fulfil its obligations under that directive;

sector

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

(1) OJ C 262 of 23.10.2004.