Judgment of the Court (Sixth Chamber) of 16 June 2005 in Case C-349/04: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil its obligations — Directive 2002/77/EC — Markets for electronic communications networks and services — Failure to transpose within the prescribed period)
Date: 2005-08-06
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, competition, electronic mail, exchange of information, public contract, service, telecommunications, transmission network

C 193/8

EN

Official Journal of the European Union

6.8.2005

JUDGMENT OF THE COURT

(Sixth Chamber)

of 16 June 2005

Belgium (Agent: M. Wimmer) — action under Article 226 EC
for failure to fulfil obligations, brought on 13 December 2004
— the Court
(Fifth Chamber), composed of R. Silva de
Lapuerta, President of the Chamber, G. Arestis and J. Klučka
(Rapporteur),
Judges; P. Léger, Advocate General; R. Grass,
Registrar, gave a judgment on 9 June 2005, in which it:

in Case C-349/04: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(Failure of 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 193/12)

(Language of the case: French)

In Case C-349/04 Commission of the European Commu-
nities (Agents: E. Gippini Fournier and K. Mojzesowicz) v
Grand Duchy of Luxembourg (Agent: S. Schreiner) — action
under Article 226 EC for failure to fulfil obligations, brought
on 13 August 2004 — the Court (Sixth Chamber), composed
of A. Borg Barthet, President of the Chamber, S. von Bahr and
J. Malenovský (Rapporteur), Judges; D. Ruiz-Jarabo Colomer,
Advocate General; R. Grass, Registrar, gave a judgment on 16
June 2005, in which it:

regulations and administrative provisions necessary

1. Declares that, by failing to adopt within the prescribed period the
laws,
to
comply with Directive 2002/6/EC of the European Parliament
and of the Council of 18 February 2002 on reporting formalities
for ships arriving in and/or departing from ports of the Member
States of the Community, the Kingdom of Belgium has failed to
fulfil its obligations under that directive;

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

(1) OJ C 31 of 5.2.2005.

confirm that

1. Declares that, by failing to supply the Commission of the Euro-
pean Communities with all the information necessary to allow it
of Commission Directive
to
2002/77/EC of 16 September 2002 on competition in the
markets for electronic communications networks and services have
been complied with, the Grand Duchy of Luxembourg has failed
to fulfil its obligations under Article 9 of that directive;

provisions

the

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

(1) OJ C 239 of 25.9.2004.

Reference for a preliminary ruling from the High Court of
Justice (England and Wales), Chancery Division (Patents
Court) by order of that court of 20 December 2004 in
Yissum Research and Development Company of
the
Hebrew University of Jerusalem v Comptroller-General of
Patents

(Case C-202/05)

JUDGMENT OF THE COURT

(2005/C 193/14)

(Fifth Chamber)

of 9 June 2005

in Case C-510/04: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Failure of a Member State to fulfil its obligations — Direc-
tive 2002/6/EC — Formalities for ships — Failure to trans-
pose within the prescribed period)

(2005/C 193/13)

(Language of the case: French)

In Case C-510/04 Commission of the European Commu-
nities (Agents: K. Simonsson and W. Wils) v Kingdom of

(Language of the case: English)

the High Court of

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of
Justice
(England and Wales), Chancery Division (Patents Court) of 20
December 2004, received at the Court Registry on 9 May
2005, for a preliminary ruling in the proceedings between
Yissum Research and Development Company of the Hebrew
University of Jerusalem and Comptroller-General of Patents on
the following questions: