Case C-310/05: Action brought on 8 August 2005 by Commission of the European Communities against the Grand Duchy of Luxembourg
Date: 2005-10-01
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, consumer protection, marketing, product safety

1.10.2005

EN

Official Journal of the European Union

C 243/11

Reference for a preliminary ruling from the Il Tribunale di
Bergamo by order of that court of 28 June 2005 in D.I.A
Srl in liquidation v Cartiere Paolo Pigna SpA

(Case C-309/05)

(2005/C 243/17)

tive 2001/95/EC of the European Parliament and of the
Council of 3 December 2001 on general product safety, (1)
or, in any event, by failing to communicate the said provi-
sions to the Commission, the Grand Duchy of Luxembourg
has failed to fulfil its obligations under Article 21(1) of that
directive;

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

(Language of the case: Italian)

Pleas in law and main arguments

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Il Tribunale di Bergamo of
28 June 2005, received at the Court Registry on 4 August
2005, between D.I.A Srl in liquidation and Cartiere Paolo Pigna
SpA on the interpretation of Articles 17 and 19 of Council
Directive 86/653 of 18 December 1986 for the reasons already
set out by the Corte di Cassazione, Sezione Lavoro, in Order
No 20410 (1) of 18 October 2004.

(1) Honyvem Informazioni Commerciali srl v Mariella De Z|otti (Case C-

465/04) OJ C 31, of 05.02.2005, page 4.

The Grand Duchy of Luxembourg has yet to take the measures
which it was obliged to put in place by 15 January 2004 in
relation to Directive 2001/95 and in any event has failed to
communicate those measures to the Commission.

(1) OJ L 11 of 15.01.2002, p. 4

Action brought on 8 August 2005 by Commission of the
the Grand Duchy of
European Communities against

Luxembourg

(Case C-310/05)

(2005/C 243/18)

(Language of the case: French)

Appeal brought on 8 August 2005 by Naipes Heraclio
Fournier, S.A. against the judgment delivered on 11 May
2005 by the Third Chamber of the Court of First Instance
of the European Communities in Joined Cases T-160/02 to
T-162/02 between Naipes Heraclio Fournier, S.A. and the
Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM), (intervener: France Cartes
SAS)

(Case C-311/05 P)

(2005/C 243/19)

(Language of the case: Spanish)

the Grand Duchy of Luxembourg was
An action against
brought before the Court of Justice of the European Commu-
nities on 8 August 2005 by the Commission of the European
Communities, represented by Marie-José Jonczy and Antonio
Aresu, acting as Agents, with an address for service in Luxem-
bourg.

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-

An appeal against the judgment delivered on 11 May 2005 by
the Third Chamber of the Court of First Instance of the Euro-
pean Communities in Joined Cases T-160/02 to T-162/02
between Naipes Heraclio Fournier, S.A. and the Office for
Harmonisation in the Internal Market
(Trade Marks and
Designs) (OHIM), (intervener: France Cartes SAS), was brought
before the Court of Justice of the European Communities on 8
August 2005 by Naipes Heraclio Fournier, S.A., represented by
E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers.