Case C-107/06: Action brought on  22 February 2006  by the Commission of the European Communities against the Hellenic Republic
Date: 2006-04-08
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, corporation tax, national implementing measure, parent company, subsidiary, tax on profits of self-employment, tax system

C 86/22

EN

Official Journal of the European Union

8.4.2006

The Commission of the European Communities claims that the
Court should:

Pleas in law and main arguments

1. declare that by failing to submit a national report on the
promotion of biofuels, the Grand Duchy of Luxembourg
has failed to fulfil its obligations under Article 4(1) of Direc-
tive 2003/30/EC of the European Parliament and of the
Council of 8 May 2003 on the promotion of the use of
biofuels or other renewable fuels for transport; (1)

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

Pleas in law and main arguments

to send to the
The Grand Duchy of Luxembourg has yet
Commission its first report on the promotion of biofuels,
which was to be submitted before the 1 July 2004.

(1) OJ L 123, p. 42.

Action brought on 22 February 2006 by the Commission
the Hellenic
of

against

the European Communities
Republic

(Case C-107/06)

(2006/C 86/43)

(Language of the case: Greek)

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 22 February
2006 by the Commission of the European Communities, repre-
sented by Richard Lyal and Dimitris Triantafillou, Legal Advi-
sers, acting as Agents, with an address for service in Luxem-
bourg.

The Commission claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2003/123/EC (1) of 22 December 2003 amending
Directive 90/435/EEC on the common system of taxation
applicable in the case of parent companies and subsidiaries
of different Member States, or in any event by failing to
inform the Commission thereof, the Hellenic Republic has
failed to fulfil its obligations under Article 2 of that direc-
tive;

— order the Hellenic Republic to pay the costs.

The period prescribed for
national law expired on 1 January 2005.

transposing the directive into

(1) OJ L 7 of 13.01.2004, p. 41.

Action brought on 23 February 2006 by the Commission
of the European Communities against the Kingdom of
Belgium

(Case C-110/06)

(2006/C 86/44)

(Language of the case: French)

Justice of

An action against the Kingdom of Belgium was brought before
the Court of
the European Communities on 23
February 2006 by the Commission of the European Commu-
nities, represented by U. Wölker and F. Simonetti, acting as
Agents, with an address for service in Luxembourg.

The Commission of the European Communities claims that the
Court should:

1. declare that by failing to adopt all the laws, regulations and
administrative measures necessary to comply with Directive
2003/4/EC (1) of
the
Council of 28 January 2003 on public access to environ-
mental
repealing Council Directive
90/313/EEC, the Kingdom of Belgium has failed to fulfil its
obligations under that directive;

the European Parliament and of

information and

2. order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The period for implementing Directive 2003/4/EC expired on
14 February 2005.

(1) OJ L 41, p. 26