Case C-305/05: Reference for a preliminary ruling from the Cour d'arbitrage (Belgium) by order of that court of 13 July 2005 in Ordre des barreaux francophones et germanophones, Ordre français des avocats du barreau de Bruxelles v Conseil des ministres and Ordre des barreaux flamands and Ordre néerlandais des avocats du barreau de Bruxelles v Conseil des ministres
Date: 2005-10-01
Institutions: Court of Justice
Subjects: financial legislation, interpretation of the law, lawyer, money laundering, professional ethics, professional secret, rights of the defence

C 243/10

EN

Official Journal of the European Union

1.10.2005

Reference for a preliminary ruling from the Cour d'arbit-
rage (Belgium) by order of that court of 13 July 2005 in
Ordre des barreaux francophones et germanophones,
Ordre français des avocats du barreau de Bruxelles v
Conseil des ministres and Ordre des barreaux flamands
and Ordre néerlandais des avocats du barreau de Bruxelles
v Conseil des ministres

Action brought on 4 August 2005 by the Commission of
the European Communities against the Kingdom of the
Netherlands

(Case C-308/05)

(Case C-305/05)

(2005/C 243/16)

(2005/C 243/15)

(Language of the case: Dutch)

(Language of the case: French)

Reference has been made to the Court of Justice of the Euro-
pean Communities by order of the Cour d'arbitrage (Belgium)
of 13 July 2005, received at the Court Registry on 23 July
2004, for a preliminary ruling in the proceedings between
Ordre des barreaux francophones et germanophones, Ordre
français des avocats du barreau de Bruxelles v Conseil des
ministres and Ordre des barreaux flamands and Ordre néerlan-
dais des avocats du barreau de Bruxelles v Conseil des ministres
on the following question:

system for

Does Article 1(2) of Directive 2001/97/EC of the European
Parliament and of the Council of 4 December 2001 amending
Council Directive 91/308/EEC on prevention of the use of the
the purpose of money laundering (1)
financial
infringe the right to a fair trail such as is guaranteed by Article
6 of the Convention for the Protection of Human Rights and
Fundamental Freedoms, and, as a consequence, Article 6(2) of
the Treaty on European Union, in so far as the new Article
2a(5) which it inserts into Directive 91/308/EEC requires the
legal profession,
inclusion of members of
the independent
without excluding the profession of avocat,
in the scope of
application of this same directive, which, in substance, has the
aim of imposing an obligation on persons or establishments
covered by it to inform the authorities responsible for the fight
against money laundering of any fact which might be an indi-
cation of such laundering (Article 6 of Directive 91/308/EEC,
replaced by Article 1(5) of Directive 2001/97/EC)?

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities on 4
August 2005 by the Commission of the European Commu-
nities, represented by A. Aresu and H. van Vliet, acting as
Agents.

The applicant claims that the Court should:

1. Declare that, by not taking the legal and administrative
measures necessary to implement Directive 2001/95/EC of
the European Parliament and of the Council of 3 December
2001 on general product safety, or in any event by not
communicating such measures to the Commission,
the
Kingdom of the Netherlands has failed to fulfil its obliga-
tions under that directive.

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

Pleas in law and main arguments

Article 21 of that directive provides that Member States are to
bring the laws, regulations and administrative provisions neces-
sary in order to comply with the directive into force with effect
from 15 January 2004, and to inform the Commission thereof
forthwith.

(1) OJ L 344, 28.12.2001, p. 76

The Commission observes that the Kingdom of the Netherlands
has still not taken or notified those implementing measures.