Case C-72/06: Action brought on  7 February 2006  by the Commission of the European Communities against the Hellenic Republic
Date: 2006-03-25
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, admission of aliens, national implementing measure, political asylum, right of asylum

C 74/12

EN

Official Journal of the European Union

25.3.2006

Action brought on 6 February 2006 by the Commission of
the European Communities against the Slovak Republic

(Case C-69/06)

(2006/C 74/22)

(Language of the case: Slovak)

An action against the Slovak Republic was brought before the
Court of Justice of the European Communities on 6 February
2006 by the Commission of the European Communities, repre-
sented by N. Yerrell and Tomáš Kukal, acting as Agents, with
an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 76/914/EEC of 16 December 1976 on the
minimum level of
road transport
training for
drivers, (1) or by failing to notify those measures to the
Commission, the Slovak Republic has failed to fulfil its obli-
gations under that directive;

some

2. order the Slovak Republic to pay the costs.

Pleas in law and main arguments

1. declare that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2003/85/EC (1) of 29 September 2003 on Com-
munity measures for the control of foot-and-mouth disease
repealing
Decisions
89/531/EEC (3) and 91/665/EEC (4) and amending Directive
92/46/EEC (5) or rather by not notifying those provisions to
the Commission, the Italian Republic has failed to fulfil its
obligations under Article 93(1) of Directive 2003/85/EC;

85/511/EEC (2)

Directive

and

2. order the Italian Republic to pay the costs.

Pleas in law and main arguments

The time-limit for the implementation of the directive expired
on 30 June 2004.

(1) OJ L 306 of 22.11.2003, p. 1
(2) OJ L 315 of 26.11.1985, p. 11
(3) OJ L 279 of 28.9.1989, p. 32
(4) OJ L 368 of 31.12.1991, p. 19
(5) OJ L 268 of 14.9.1992, p. 1

The period for adopting the measures to transpose the directive
expired on 1 May 2004.

Action brought on 7 February 2006 by the Commission of
the European Communities against the Hellenic Republic

(1) OJ L 357 of 29.12.1976, p. 36.

(Case C-72/06)

(2006/C 74/24)

(Language of the case: Greek)

Action brought on 7 February 2006 by the Commission of
the European Communities against the Italian Republic

(Case C-71/06)

(2006/C 74/23)

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 7 February
2006 by the Commission of the European Communities, repre-
sented by Maria Kondou Durande and Carmel O'Reilly, Legal
Advisers, acting as Agents, with an address for service in
Luxembourg.

(Language of the case: Italian)

The Commission claims that the Court should:

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 7 February
2006 by the Commission of the European Communities, repre-
sented by L. Visaggio, acting as Agent.

The applicant claims that the Court should:

1. declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2003/9/EC (1) of 27 January 2003 laying down
minimum standards for the reception of asylum seekers and
in any event by failing to inform the Commission thereof,
the Hellenic Republic has failed to fulfil its obligations under
Article 26 of that directive;

25.3.2006

EN

Official Journal of the European Union

C 74/13

2. order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for
national law expired on 6 February 2005.

transposing the directive into

(1) OJ L 31 of 6.2.2003, p. 18.

Action brought on 9 February 2006 by the Commission of
the European Communities against the Grand Duchy of
Luxembourg

(Case C-78/06)

(2006/C 74/26)

(Language of the case: French)

Action brought on 9 February 2006 by the Commission of
the European Communities against the Grand-Duchy of
Luxembourg

(Case C-77/06)

(2006/C 74/25)

(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 9 February 2006 by the Commission of the European
Communities, represented by J. Hottiaux and F. Simonetti,
acting as Agents, with an address for service in Luxembourg.

An action against
the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Commu-
nities on 9 February 2006 by the Commission of the European
Communities, represented by A. Alcover San Pedro and F.
Simonetti, acting as Agents, with an address for service in
Luxembourg.

The Commission claims that the Court should:

1. declare that, by not adopting, and in any event by not noti-
fying to the Commission, the laws, regulations and adminis-
trative provisions necessary to comply with Directive
2002/49/EC of the European Parliament and of the Council
of 25 June 2002 relating to the assessment and manage-
ment of environmental noise (1),
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 time-limit for transposition of the directive expired on 18
July 2004.

The Commission claims that the Court should:

(1) OJ L 189, 18.7.2002, p. 12.

1. declare that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2001/42/EC of the European Parliament and of the
Council of 27 June 2001 on the assessment of the effects of
certain plans and programmes on the environment (1) and,
in any event, by not communicating those provisions to the
Commission, 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 time-limit for the implementation of Directive 2001/42/EC
expired on 21 July 2004.

(1) OJ L 197 of 21.7.2001, p. 30.

Action brought on 10 February 2006 by the Commission
the Hellenic
of

against

the European Communities
Republic

(Case C-85/06)

(2006/C 74/27)

(Language of the case: Greek)

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 10 February
2006 by the Commission of the European Communities, repre-
sented by Ulrich Wölker, Legal Adviser, and Minas Konstanti-
nidis, of its Legal Service, acting as Agents, with an address for
service in Luxembourg.