Judgment of the Court (Sixth Chamber) of 28 April 2005 in Case C-375/04: Commission of the European Communities v Grand Duchy of Luxembourg (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)
Date: 2005-06-11
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, data processing, data protection, personal data, protection of privacy

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.