Judgment of the Court (Second Chamber) of  10 January 2006  in Case C-178/03: Commission of the European Communities v European Parliament and Council of the European Union (Action for annulment — Regulation (EC) No 304/2003 of the European Parliament and of the Council of  28 January 2003  concerning the export and import of dangerous chemicals — Choice of legal basis — Articles 133 EC and 175 EC)
Date: 2006-02-25
Institutions: Court of Justice
Subjects: Council of the European Union, European Commission, European Parliament, action for annulment (EU), chemical product, dangerous substance, exchange of information, trading operation

25.2.2006

EN

Official Journal of the European Union

C 48/3

the Federal Republic of Germany has failed to fulfil its obligations
under Article 6(3) and Articles 12, 13 and 16 of Directive
92/43.

3. Orders the Commission of European Communities, the European
Parliament and the Council of the European Union to bear their
own costs;

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

4. Orders the French Republic,

the Republic of Finland and the
United Kingdom of Great Britain and Northern Ireland to bear
their own costs.

(1) OJ C 146 of 21.06.2003.

(1) OJ C 146 of 21.06.2003.

JUDGMENT OF THE COURT

(Second Chamber)

of 10 January 2006

in Case C-178/03: Commission of the European Commu-
nities v European Parliament and Council of the European
Union (1)

(Action for annulment — Regulation (EC) No 304/2003 of
the European Parliament and of the Council of 28 January
2003 concerning the export and import of dangerous chemi-
cals — Choice of legal basis — Articles 133 EC and 175 EC)

JUDGMENT OF THE COURT

(Second Chamber)

of 15 December 2005

in Case C-344/03: Commission of the European Commu-
nities v Republic of Finland (1)

(Directive 79/409/EEC — Conservation of wild birds —
Spring hunting of certain aquatic birds)

(2006/C 48/05)

(Language of the case: English)

(2006/C 48/06)

(Language of the case: Finnish)

In Case C-178/03, action for annulment under Article 230 EC,
brought on 24 April 2003, Commission of
the European
Communities (Agent: G.zur Hausen, L. Strom van Lier and E.
Righini) v European Parliament (Agents: C. Pennera and M.
Moore and K. Bradley) and Council of the European Union
(Agents: B. Hoff-Nielsen and M. Sims-Robertson, and K.
Michoel),.supported by:French Republic (Agents: G. de Bergues,
F. Alabrune and E. Puisais), Republic of Finland (Agent: T.
Pynnä,), United Kingdom of Great Britain and Northern Ireland
(Agent: R. Caudwell, and A. Dashwood) — the Court (Second
Chamber), composed of C.W.A. Timmermans, President of the
Chamber, J. Makarczyk, C. Gulmann, P. Kūris and J. Klučka,
J. Kokott, Advocate General; L. Hewlett, Principal
Judges;
Administrator,
for the Registrar, gave a judgment on 10
January 2006, in which it:

1. Annuls Regulation (EC) No 304/2003 of the European Parlia-
ment and of the Council of 28 January 2003 concerning the
export and import of dangerous chemicals;

2. Maintains the effects of that regulation until the adoption, within
a reasonable period, of a new regulation founded on appropriate
legal bases;

In Case C-344/03, Commission of the European Communities
(Agents: G. Valero Jordana and P. Aalto) v Republic of Finland
(Agent: T. Pynnä) — action under Article 226 EC for failure to
fulfil obligations, brought on 1 August 2003 — the Court
(Second Chamber), composed of C.W.A. Timmermans, Presi-
dent of the Chamber, C. Gulmann (Rapporteur), R. Schintgen,
G. Arestis and J. Klučka, Judges; D. Ruiz-Jarabo Colomer, Advo-
cate General; K. Sztranc, Administrator, for the Registrar, gave
a judgment on 15 December 2005, in which it:

1. Declares that, since it has failed to establish that, in the context of
the spring hunting of aquatic birds in mainland Finland and the
province of Åland:

— the condition laid down in Article 9(1)(c) of Council Directive
79/409/EEC of 2 April 1979 on the conservation of wild
birds, as amended by the Act concerning the conditions of
accession of the Republic of Austria, the Republic of Finland
and the Kingdom of Sweden and the adjustments to the Trea-
ties on which the European Union is founded, for the purpose
of a derogation, that there be no satisfactory solution other
than spring hunting, was fulfilled in respect of eider, golden-
eye, red-breasted merganser, goosander, velvet scoter and tufted
duck; and that