Case C-354/05: Action brought on 22 September 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg
Date: 2005-11-12
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, gas industry, single market

12.11.2005

EN

Official Journal of the European Union

C 281/13

Action brought on 22 September 2005 by the Commission
the Hellenic
of

against

the European Communities
Republic

(Case C-352/05)

(2005/C 281/24)

(Language of the case: Greek)

Justice of

An action against the Hellenic Republic was brought before the
Court of
the European Communities on 22
September 2005 by the Commission of the European Commu-
nities, represented by M. Patakia, Legal Adviser in its Legal
Service, and B. Schima, a member of its Legal Service, with an
address for service in Luxembourg.

The applicant claims that the Court should:

— declare that, by failing to bring into force the laws, regula-
tions and administrative provisions necessary to comply
with Directive 2003/54/EC of the European Parliament and
of the Council of 26 June 2003 concerning common rules
for the internal market in electricity and repealing Directive
96/92/EC — Statements made with regard to decommis-
sioning and waste management activities, (1) or in any event
by failing to inform the Commission of such measures, the
Hellenic Republic has failed to fulfil its obligations under
that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing the directive into the
national legal system expired on 1 July 2004.

(1) OJ L 176 of 15.7.2003, p. 37.

ence Simonetti, acting as Agents, with an address for service in
Luxembourg.

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 Dirce-
tive 2003/54/EC (1) of the European Parliament and of the
Council of 26 June 2003 concerning common rules for the
internal market in electricity and repealing Directive 96/92
EC and, in any event, by not informing the Commission of
their adoption, the Grand Duchy of Luxembourg has failed
to fulfil its obligations under that directive;

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

Pleas in law and main arguments

The period prescribed for implementing the Directive expired
on 1 July 2004.

(1) OJ L 176 of 15.07.2003, p. 37

Action brought on 22 September 2005 by the Commission
of the European Communities against the Grand Duchy of
Luxembourg

(Case C-354/05)

(2005/C 281/26)

(Language of the case: French)

Action brought on 22 September 2005 by the Commission
of the European Communities against the Grand Duchy of
Luxembourg

(Case C-353/05)

(2005/C 281/25)

(Language of the case: French)

the Grand Duchy of Luxembourg was
An action against
brought before the Court of Justice of the European Commu-
nities on 22 September 2005 by the Commission of the Euro-
pean Communities, represented by Bernard Schima and Flor-

the Grand Duchy of Luxembourg was
An action against
brought before the Court of Justice of the European Commu-
nities on 22 September 2005 by the Commission of the Euro-
pean Communities, represented by Muriel Heller and Bernhard
Schima, 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-
tive 2003/55/EC (1) of the European Parliament and of the
Council of 26 June 2003 concerning common rules for the
in natural gas and repealing Directive
internal market
98/30/EC and, in any event, by not informing the Commis-
sion thereof, the Grand Duchy of Luxembourg has failed to
fulfil its obligations under that directive;

C 281/14

EN

Official Journal of the European Union

12.11.2005

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

Action brought on 23 September 2005 by the Commission
of the European Communities against the Italian Republic

Pleas in law and main arguments

The period prescribed for transposing the Directive expired on
1 July 2004.

(1) OJ L 176 of 15.07.2003, p. 57

(Case C-360/05)

(2005/C 281/28)

(Language of the case: Italian)

Justice of

An action against the Italian Republic was brought before the
the European Communities on 23
Court of
September 2005 by the Commission of the European Commu-
nities, represented by K. Gross and M. Velardo, acting as
Agents.

Action brought on 23 September 2005 by the Commission
of the European Communities against the Kingdom of
Spain

The Commission claims that the Court should:

(Case C-357/05)

(2005/C 281/27)

(Language of the case: Spanish)

Justice of

An action against the Kingdom of Spain was brought before
the European Communities on 23
the Court of
September 2005 by the Commission of the European Commu-
nities, represented by B. Schima and S. Pardo Quintillán, acting
as Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. declare that, by having failed to adopt all the laws, regula-
tions and administrative provisions necessary to comply
with Directive 2003/55/EC (1) of the European Parliament
and of the Council of 26 June 2003 concerning common
rules for the internal market in natural gas and repealing
in any case, by having failed to
Directive 98/30/EC or,
communicate those provisions to the Commission,
the
Kingdom of Spain has failed to fulfil its obligations under
Article 33 of that directive;

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

Pleas in law and main arguments

The period prescribed for transposition of the directive into the
domestic legal system expired on 1 July 2004.

— Declare that, by failing to adopt and communicate to the
Commission the laws, regulations and administrative provi-
sions necessary
to comply with Council Directive
2003/96/EEC (1) of 27 October 2003 restructuring the
Community framework for the taxation of energy products
and electricity, the Italian State has failed to fulfil its obliga-
tions under Article 28 of that directive;

— Order the Italian Republic to pay the costs.

Pleas in law and main arguments

Article 28(1) of Council Directive 2003/96/EC, which concerns
restructuring of the Community framework for the taxation of
energy products and electricity, provides:

‘Member States shall adopt and publish the laws, regulations
and administrative provisions necessary to comply with this
Directive not later than 31 December 2003. They shall forth-
with inform the Commission thereof.’

The Italian State does not appear to have adopted the imple-
menting measures provided for by Article 28(1), and, in any
event, has not informed the Commission thereof or provided
any evidence which permits the inference that the necessary
measures have been adopted. Under those circumstances, the
Italian State is to be regarded as having failed to fulfil its obliga-
tions under that provision.

(1) OJ L 176 of 15 July 2003, p. 57

(1) OJ L 283 of 31.10. 2003, p. 51.