Case C-21/06: Action brought on  17 January 2006  by the Commission of the European Communities against the Grand Duchy of Luxembourg
Date: 2006-03-11
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, plant health control, plant health legislation

11.3.2006

EN

Official Journal of the European Union

C 60/29

The Commission claims that the Court should:

Pleas in law and main arguments

The period for transposition of Directive 2004/102 expired on
28 February 2005.

(1) OJ 2004 L 309, p. 9

1. declare that by not adopting the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2002/89/EC of 28 November 2002 amending
Directive 2000/29/EC on protective measures against the
introduction into the Community of organisms harmful to
plants or plant products and against their spread within the
Community (1) or, in any event, by not communicating the
provisions in question to the Commission,
the French
Republic has failed to fulfil its obligations under that direc-
tive;

2. order the French Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of Directive 2002/89
expired on 31 December 2004.

Action brought on 17 January 2006 by the Commission of
the European Communities against the Grand Duchy of
Luxembourg

(1) OJ L 355 of 30.12.2002, p. 45.

Action brought on 17 January 2006 by the Commission of
the European Communities against the Grand Duchy of
Luxembourg

(Case C-20/06)

(2006/C 60/55)

(Language of the case: French)

An action against
the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Commu-
nities on 17 January 2006 by the Commission of the European
Communities, represented by Michel Nolin, acting as Agent,
with an address for service in Luxembourg.

The Commission claims that the Court should:

to

1. declare that, by failing to adopt the laws, regulations and
administrative
comply with
provisions necessary
Commission Directive 2004/102/EC of 5 October 2004
amending Annexes II, III, IV and V to Council Directive
2000/29/EC on protective measures against the introduction
into the Community of organisms harmful to plants or
plant products and against their spread within the Com-
munity (1) or, in any event, by failing to communicate those
provisions to the Commission, the Grand Duchy of Luxem-
bourg has failed to fulfil its obligations under that directive;

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

(Case C-21/06)

(2006/C 60/56)

(Language of the case: French)

An action against
the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Commu-
nities on 17 January 2006 by the Commission of the European
Communities, represented by Michel Nolin, acting as Agent,
with an address for service in Luxembourg.

The Commission claims that the Court should:

to

1. declare that by not adopting the laws, regulations and
comply with
administrative
provisions necessary
Commission Directive 2004/103/EC of 7 October 2004 on
identity and plant health checks of plants, plant products or
other objects, listed in Part B of Annex V to Council Direc-
tive 2000/29/EC, which may be carried out at a place other
than the point of entry into the Community or at a place
close by and specifying the conditions related to these
checks (1) or, in any event, by not communicating the provi-
sions in question to the Commission, the Grand Duchy of
its obligations under that
Luxembourg has failed to fulfil
directive;

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

Pleas in law and main arguments

The period prescribed for transposition of the directive expired
on 31 December 2004.

(1) OJ L 313 of 12.10.2004, p. 16.