Case C-353/05: 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, electrical 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;