Case C-148/05: Action brought on 1 April 2005 by Commission of the European Communities against Ireland
Date: 2005-06-25
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, quality standard, shellfish farming, water analysis, water pollution

C 155/2

EN

Official Journal of the European Union

25.6.2005

Reference for a preliminary ruling from the Gerechtshof
te 's-Gravenhage by judgment of that court of 3 March
2005 in Federatie Nederlandse Vakbeweging v. Staat der
Nederlanden

Commission of
the European Communities, represented by
Barry Doherty and Donatella Recchia, acting as Agents, with an
address for service in Luxembourg.

(Case C-124/05)

(2005/C 155/03)

(Language of the case: Dutch)

Reference has been made to the Court of Justice of the Euro-
te 's-
pean Communities by judgment of
Gravenhage (Netherlands) of 3 March 2005, received at the
Court Registry on 16 March 2005, for a preliminary ruling in
the proceedings between Federatie Nederlandse Vakbeweging
and the Netherlands State on the following question:

the Gerechtshof

Is it compatible with Community law, and in particular with
Article 7(2) of Council Directive 93/104/EC (1) of 23 November
1993, for a legislative provision of a Member State to provide
for the possibility of a written agreement during a contract of
employment to the effect that an employee who has, for one
year, not taken his minimum annual leave, or has not taken
that minimum leave in full, may receive financial compensation
in respect of that leave in a subsequent year?

The applicant claims that the Court should:

1. declare that Ireland, by failing

a) in accordance with Article 4 of Council Directive
79/923/EEC (1), to designate all shellfish waters requiring
designation,

b) in accordance with Article 3 of the same directive, to set
all the required values in respect of shellfish waters desig-
nated or requiring designation pursuant to Article 4,

c) in accordance with Article 5 of the same directive, to
take all necessary measures to establish pollution reduc-
tion programmes for waters which should have been
designated pursuant to Article 4 but were not desig-
nated,

has failed to comply with its obligations under those Arti-
cles of the said Directive;

and

The question is based on the premise that the compensation is
not given in respect of the employee's entitlement to minimum
leave in the current year or in the years following thereon.

2. order Ireland to pay the costs.

(1) Directive 93/104/EC was replaced by Directive 2003/88/EC of the
European Parliament and of the Council of 4 November 2003
concerning certain aspects of the organisation of working time (OJ
L 299 of 18.11.2003, p. 9).

Pleas in law and main arguments

The Commission maintains that Ireland has breached Council
Directive 79/923/EEC on the quality required of shellfish
waters by failing:

a) in accordance with Article 4 of the directive, to designate all

shellfish waters requiring designation;

Action brought on 1 April 2005 by Commission of the
European Communities against Ireland

b) in accordance with Article 3 of the directive, to set all the
required values in respect of shellfish waters designated or
requiring designation pursuant to Article 4; and

(Case C-148/05)

(2005/C 155/04)

(Language of the case: English)

An action against Ireland was brought before the Court of
Justice of the European Communities on 1 April 2005 by the

c) in accordance with Article 5 of the directive, to take all
necessary measures
pollution reduction
programmes for waters requiring designation pursuant to
Article 4.

establish

to

(1) Council Directive 79/923/EEC of 30 October 1979 on the quality

required of shellfish waters, OJ L 281, 10.11.1979, p. 47.