Case C-128/06: Action brought on  3 March 2006  — Commission of the European Communities v Grand-Duchy of Luxembourg
Date: 2006-05-06
Institutions: Court of Justice
Subjects: Luxembourg, action for failure to fulfil an obligation, capital market, confidentiality, dissemination of information, financial instrument, financial market, national implementing measure

6.5.2006

EN

Official Journal of the European Union

C 108/9

Form of order sought

— order the Grand-Duchy of Luxembourg to pay the costs.

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2002/65/EC of the European Parliament and of the
Council of 23 September 2002 concerning the distance
marketing of consumer financial services and amending
Council Directive 90/619/EEC and Directives 97/7/EC and
98/27/EC (1) or, in any event, by failing to communicate
those provisions to the Commission, the Grand-Duchy of
Luxembourg has failed to fulfil its obligations under Article
21(1) of that Directive;

— order the Grand-Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The time-limit for implementing Directive 2002/65/EC expired
on 9 October 2004.

(1) OJ 2002 L 271, p.16

Action brought on 3 March 2006 — Commission of the
European Communities v Grand-Duchy of Luxembourg

(Case C-128/06)

(2006/C 108/15)

Language of the case: French

Parties

Pleas in law and main arguments

time-limit

The
expired on 12 October 2004.

for

implementing Directive 2003/124/EC

(1) OJ 2003 L 339, p.70

Appeal brought on 4 March 2006 by Autosalone Ispra Snc
against the judgment delivered on 30 November 2005 in
Case T-250/02 Autosalone Ispra Snc v European Atomic
Energy Community

(Case C-129/06 P)

(2006/C 108/16)

Language of the case: Italian

Parties

Appellant: Autosalone Ispra Snc (represented by: B. Casu, Avvo-
cato)

Other party to the proceedings: European Atomic Energy Com-
munity,
the European
Communities; Agent: E. de March, assisted by A. Dal Ferro,
Avvocato.

represented by the Commission of

Applicant: Commission of the European Communities (repre-
sented by: D. Maidani and G. Braun, Agents)

Form of order sought

Defendant: Grand-Duchy of Luxembourg

— Declare that the appeal is admissible

Form of order sought

— declare that, by failing to adopt the laws, regulations and
to comply with
administrative provisions necessary
Commission Directive 2003/124/EC of 22 December 2003
implementing Directive 2003/6/EC of the European Parlia-
ment and of the Council as regards the definition and
public disclosure of inside information and the definition of
market manipulation (1) and,
in any event, by failing to
communicate them to the Commission, the Grand-Duchy
of Luxembourg has failed to fulfil its obligations under that
directive;

— Set aside the judgment of the Court of First Instance of the

European Communities in Case T-250/02

— Order that Case T-250/02 be referred back to the Court of
First Instance so that, once appropriate measures of inquiry
have been made, including those made by the court of its
own motion, such as the taking of expert evidence, on the
spot checks and the hearing of witnesses, the court may
deliver a new judgment granting the forms of order sought
by the appellant in its pleadings in the proceedings at first
instance

— Order the Commission to pay all the costs of the proceed-

ings, including those incurred at first instance