Case C-79/06: Action brought on  10 February 2006  by the Commission of the European Communities against the French Republic
Date: 2006-04-08
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, enforcement of ruling, environmental risk prevention, fine, genetically modified organism, judgment of the Court (EU), microorganism, national implementing measure

C 86/16

EN

Official Journal of the European Union

8.4.2006

— order the Portuguese Republic to pay the costs.

2. order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

the draft

According to the Commission,
law on the non-
contractual civil liability of the State and other public bodies
put before the Assembly of the Republic by the Portuguese
Government does not provide the measures necessary to
comply with the judgment of the Court of Justice of the Euro-
pean Communities of 14 October 2004 in Case C-275/03
Commission v Portuguese Republic; no other measures whatsoever
to comply with that judgment having been communicated to
it, the Commission takes the view that the Portuguese Republic
has failed to fulfil its obligations under Article 228(1) EC.

The period allowed for transposition into domestic law of
Directive 2003/9 expired on 6 February 2005.

(1) OJ L 31, p. 18.

(1) OJ L 395, p. 33.
(2) Of 22 May 2000 implementing Decision 94/728/EC, Euratom on
the system of the Communities' own resources (OJ L 130, p. 1).

Action brought on 10 February 2006 by the Commission
of the European Communities against the French Republic

Action brought on 8 February 2006 by the Commission of
the Portuguese
the European Communities

against

Republic

(Case C-75/06)

(2006/C 86/29)

(Language of the case: Portuguese)

An action against the Commission of the European Commu-
nities was brought before the Court of Justice of the European
Communities on 8 February 2006, by the Portuguese Republic,
represented by Carmel O'Reilly and Piedade Costa de Oliveira,
acting as Agents, with an address for service in Luxembourg

The applicant claims that the Court should:

1. declare that, by having failed 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 or, in any event, by having failed to communicate
them to the Commission, the Portuguese Republic has failed
to fulfil its obligations under Directive 2003/9/EC;

(Case C-79/06)

(2006/C 86/30)

(Language of the case: French)

An action against the French 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 M. Heller, acting as Agent, with an address for
service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by failing to take the measures necessary to
comply with the judgment of the Court of Justice of the
European Communities of 27 November 2003 in Case C-
429/01, (1)
transpose Directive
90/219/EEC (2) correctly and in full, the French Republic has
failed to fulfil
its obligations under Article 228(1) of the
Treaty establishing the European Community;

regarding

failure

to

2. order the French Republic to pay to the Commission of the
European Communities,
for the ‘European Community's
own resources’ account, a fine of EUR 168 000 per day of
delay in complying with the judgment in Case C-429/01,
from the date of judgment herein until the judgment in
Case C-429/01 is complied with;

3. order the French Republic to pay the costs.

8.4.2006

EN

Official Journal of the European Union

C 86/17

Pleas in law and main arguments

Pleas in law and main arguments

The French Republic should have initiated, immediately after
the Court's judgment,
the necessary legislative process and
adopted the appropriate amendments to comply with Directive
90/219/EEC.

The prescribed period for implementing the directive expired
on 21 July 2004.

(1) Official Journal L 197 of 21/07/2001, p. 30.

Hitherto the amendments necessary at both the legislative and
regulatory levels have still not been adopted, 14 years, and
even ten and seven years respectively after the expiry of the
period for compliance and more than two years after the
Court's declaration of the failure to fulfil obligations.

(1) [2003] ECR I-14355.
(2) Council Directive 90/219/EEC of 23 April 1990 on the contained
use of genetically modified micro-organisms ‘GMMO’ (OJ 1990 L
117, p. 1).

Action brought on 8 February 2006 by the Commission of
the European Communities against the Italian Republic

(Case C-82/06)

(2006/C 86/32)

(Language of the case: Italian)

Action brought on 8 February 2006 by the Commission of
the European Communities against the Italian Republic

(Case C-81/06)

(2006/C 86/31)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 8 February
2006 by the Commission of the European Communities, repre-
sented by D. Recchia and M. Konstantinidis, acting as Agents,
with an address for service in Luxembourg.

The Commission claims that the Court should:

(Language of the case: Italian)

1. declare that by failing to draw up or communicate:

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 8 February
2006 by the Commission of the European Communities, repre-
sented by F. Simonetti and D. Recchia, acting as Agents.

The Commission claims that the Court should:

1. declare that

failing to adopt

the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2001/42/EC (1) 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 or, in
any event, by failing to notify the Commission of such
measures, the Italian Republic has failed to fulfil its obliga-
tions under Article 13(1) of that directive;

— a waste management plan in accordance with Article
7(1) of Directive 75/442/EEC (1), as amended, for the
Province of Rimini,

— a waste management plan including suitable sites or
installations for the disposal of waste and hazardous
waste in accordance with the fourth indent of Article
7(1) of Directive 75/442/EEC, as amended,
for the
Region of Lazio,

— a waste management plan in accordance with Article 6
of Directive 91/689/EEC (2)
for the Regions of Friuli
Venezia-Giulia and Puglia, the Autonomous Province of
Bolzano Alto-Adige and the Province of Rimini,

the Italian Republic has failed to fulfil its obligations under
Article 7(1) of Directive 75/442/EEC on waste, as amended,
and Article 6 of Directive 91/689/EEC on hazardous waste;

2. order the Italian Republic to pay the costs.

2. order the Italian Republic to pay the costs.