Judgment of the Court (Fourth Chamber) of  8 December 2005  in Case C-115/05: Commission of the European Communities v Grand Duchy of Luxembourg (Failure of a Member State to fulfil obligations — Directive 2001/65/EC — Annual and consolidated accounts of certain types of companies — Failure to transpose within the prescribed period)
Date: 2006-02-11
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, balance sheet, disclosure of information, financial institution, financial legislation

11.2.2006

EN

Official Journal of the European Union

C 36/17

JUDGMENT OF THE COURT

(Sixth Chamber)

of 15 December 2005

in Case C-67/05: Commission of the European Commu-
nities v Federal Republic of Germany (1)

(Failure of a Member State to fulfil obligations — Directive
2000/60/EC — Community action in the field of water policy
— Failure to transpose within the prescribed period)

(2006/C 36/32)

(Language of the case: German)

In Case C-67/05 Commission of the European Communities
(Agents: U. Wölker and S. Pardo Quintillán) v Federal
Republic of Germany (Agent: U. Forsthoff) — action under
Article 226 EC for failure to fulfil obligations, brought on 11
February 2005 — the Court (Sixth Chamber), composed of J.
Malenovský, President of the Chamber, J.-P. Puissochet and A
Ó Caoimh (Rapporteur), Judges; P. Léger, Advocate General; R.
Grass, Registrar, gave a judgment on 15 December 2005, in
which it:

1. Declares that, by not adopting within the prescribed period, all of
the laws, regulations and administrative provisions necessary to
comply with Directive 2000/60/EC of the European Parliament
and of the Council of 23 October 2000 establishing a framework
for Community action in the field of water policy, the Federal
Republic of Germany has failed to fulfil its obligations under that
directive;

2. Orders the Federal Republic of Germany to pay the costs.

(1) OJ C 82 of 02.04.2005

JUDGMENT OF THE COURT

(Fifth Chamber)

of 15 December 2005

in Case C-88/05: Commission of the European Commu-
nities v Republic of Finland (1)

(Failure of a Member State to fulfil obligations — Directive
2002/59/EC — Failure to transpose within the prescribed
period)

(2006/C 36/33)

(Language of the case: Finnish)

In Case C-88/05 Commission of the European Communities
(Agents: M. Huttunen and K. Simonsson) v Republic of Finland

(Agent: A. Guimaraes-Purokoski) — action under Article 226
EC for failure to comply with obligations, brought on 18
February 2005 — the Court (Fifth Chamber), composed of J.
the Chamber, R. Schintgen and J.
Makarczyk, President of
Klučka (Rapporteur),
Judges; M. Poiares Maduro, Advocate
General; R. Grass, Registrar, gave a judgment on 15 December
2005, in which it:

1. Declares that, by failing to adopt within the prescribed period all
the laws, regulations and administrative provisions necessary to
comply with Directive 2002/59/EC of the European Parliament
and of the Council of 27 June 2002 establishing a Community
vessel traffic monitoring and information system and repealing
Council Directive 93/75/EEC, the Republic of Finland has failed
to fulfil its obligations under that directive;

2. Orders the Republic of Finland to pay the costs.

(1) OJ C 93 of 16.04.2005

JUDGMENT OF THE COURT

(Fourth Chamber)

of 8 December 2005

in Case C-115/05: Commission of the European Commu-
nities v Grand Duchy of Luxembourg (1)

(Failure of a Member State to fulfil obligations — Directive
2001/65/EC — Annual and consolidated accounts of certain
types of companies — Failure to transpose within the
prescribed period)

(2006/C 36/34)

(Language of the case: French)

In Case C-115/05 Commission of the European Communities
(Agent: G. Braun) v Grand Duchy of Luxembourg (Agent: S.
Schreiner) — action under Article 226 EC for failure to comply
with obligations, brought on 8 March 2005 — the Court
(Fourth Chamber), composed of K. Schiemann, President of the
Chamber, M. Ilešič (Rapporteur) and E. Levits, Judges; C. Stix-
Hackl, Advocate General; R. Grass, Registrar, gave a judgment
on 8 December 2005, in which it:

C 36/18

EN

Official Journal of the European Union

11.2.2006

regulations and administrative provisions necessary

1. Declares that, by failing to adopt within the prescribed period the
laws,
to
comply with Directive 2001/65/EC of the European Parliament
and of the Council of 27 September 2001 amending Directives
78/660/EEC, 83/349/EEC and 86/635/EEC as regards the
valuation rules for the annual and consolidated accounts of certain
types of companies as well as of banks and other financial institu-
tions, the Grand Duchy of Luxembourg has failed to fulfil its obli-
gations under that directive;

tion with Article 2(1), of Council Directive 92/43/EEC on the
conservation of natural habitats and of wild fauna and flora, the
United Kingdom of Great Britain and Northern Ireland has failed
to fulfil its obligations under these Directives.

2. The United Kingdom of Great Britain and Northern Ireland is

ordered to pay the costs.

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

(1) OJ C 132 of 28.5.2005.

(1) OJ C 106 of 30.04.2005

JUDGMENT OF THE COURT

(Fifth Chamber)

of 17 November 2005

in Case C-131/05: Commission of the European Commu-
nities v United Kingdom of Great Britain and Northern
Ireland (1)

(Failure by a Member State to fulfil its obligations — Direc-
tives 79/409/EEC and 92/43/EEC)

(2006/C 36/35)

(Language of the case: English)

failure to fulfil obligations
In Case C-131/05, action for
brought on 21 March 2005 pursuant
to Article 226 EC,
Commission of the European Communities (Agent: M. van
Beek, assisted by F. Louis and A. Capobianco,
lawyers) v
United Kingdom of Great Britain and Northern Ireland
(Agent: S. Nwaokolo) — the Court (Fifth Chamber Chamber),
composed of R. Schintgen, acting for the President of the Fifth
Chamber, R. Silva de Lapuerta and J. Klučka (Rapporteur),
Judges; J. Kokott, Advocate General; R. Grass, Registrar, gave a
judgment on 17 November 2005, the operative part of which
is as follows:

ORDER OF THE COURT

(Sixth Chamber)

of 27 October 2005

in Case C-234/05: Reference for a preliminary ruling from
the Hof van beroep te Brussel in Minister van Sociale
Zaken, Staatssecretaris voor volksgezondheid v BVBA De
Backer (1)

(Preliminary references — Not admissible)

(2006/C 36/36)

(Language of the case: Dutch)

In Case C-234/05: reference for a preliminary ruling under
Article 234 EC from the Hof van beroep te Brussel (Belgium),
made by decision of 25 May 2005, received at the Court on 27
May 2005,
in the proceedings between Minister van Sociale
Zaken, Staatssecretaris voor volksgezondheid and BVBA De
Backer — the Court (Sixth Chamber), composed of J. Male-
novský, President of the Chamber, A. La Pergola (Rapporteur)
and J.-P. Puissochet, Judges; F.G. Jacobs, Advocate General; R.
Grass, Registrar, made an order on 27 October 2005, the
operative part of which is as follows:

The reference for a preliminary ruling made by the Hof van beroep te
Brussel by decision of 25 May 2005 is inadmissible.

1. By not adopting, within the prescribed period, all the measures
necessary to comply with Article 6(1) of Council Directive
79/409/EEC of 2 April 1979 on the conservation of wild birds
and with Article 12(2) and Article 13(1), both read in conjunc-

(1) OJ C 205 of 20.8.2005