Case C-106/06: Action brought on  22 February 2006  by the Commission of the European Communities against the Grand Duchy of Luxembourg
Date: 2006-04-08
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, common transport policy, disclosure of information, report, substitute fuel

8.4.2006

EN

Official Journal of the European Union

C 86/21

Action brought on 21 February 2006 by the Commission
of the European Communities against the French Republic

Action brought on 22 February 2006 by the Commission
of the European Communities against the Grand Duchy of
Luxembourg

(Case C-101/06)

(2006/C 86/40)

(Language of the case: French)

(Case C-105/06)

(2006/C 86/41)

(Language of the case: French)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 21 February
2006 by the Commission of the European Communities, repre-
sented by B. Stromsky, acting as Agent, with an address for
service in Luxembourg.

The Commission claims that the Court should:

1. declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2001/20/EC of the European Parliament and of the
Council of 4 April 2001 on the approximation of the laws,
regulations and administrative provisions of the Member
States relating to the implementation of good clinical prac-
tice in the conduct of clinical trials on medicinal products
for human use, (1) the French Republic has failed to fulfil its
obligations under that directive;

2. declare that, in any event, by failing to inform the Commis-
sion of the laws, regulations and administrative provisions
necessary to comply with Directive 2001/20/EC of
the
European Parliament and of the Council of 4 April 2001 on
the approximation of the laws, regulations and administra-
tive provisions of the Member States relating to the imple-
mentation of good clinical practice in the conduct of clinical
trials on medicinal products for human use, the French
Republic has failed to fulfil its obligations under that direc-
tive;

3. order the French Republic to pay the costs.

Pleas in law and main arguments

The period for transposing Directive 2001/20/EC expired on
30 April 2003.

(1) OJ 2001 L 121, p. 34.

An action against
the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Commu-
nities on 22 February 2006 by the Commission of the Euro-
pean Communities, represented by B. Schima and J. Hottiaux,
acting as Agents, with an address for service in Luxembourg.

The Commission claims that the Court should:

1. declare that by failing to bring into force the laws, regula-
tions and administrative provisions necessary to comply
with Directive 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) the
Grand Duchy of Luxembourg has failed to fulfil its obliga-
tions under that Directive;

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

Pleas in law and main arguments

The period prescribed for implementing Directive 2003/30/EC
ended on 31 December 2004.

(1) OJ 2003 L 123, p. 42.

Action brought on 22 February 2006 by the Commission
of the European Communities against the Grand Duchy of
Luxembourg

(Case C-106/06)

(2006/C 86/42)

(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 22 February 2006 by the Commission of the Euro-
pean Communities, represented by B. Schima and J Hottiaux,
acting as Agents, with an address for service in Luxembourg.

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