Case C-138/06: Action brought on  10 March 2006  — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
Date: 2006-06-03
Institutions: Court of Justice
Subjects: European Commission, United Kingdom, action for failure to fulfil an obligation, action programme, evaluation method, national implementing measure, noise, noise pollution, noise protection, pollution control measures

C 131/30

EN

Official Journal of the European Union

3.6.2006

Pleas in law and main arguments

Action brought on 10 March 2006 — Commission of the
European Communities v Ireland

The Commission maintains that the above-mentioned agree-
ments delegating the supply of services in question constitute
public service contracts which were awarded directly, without
recourse to any form of tendering procedure, and thus in
breach of Community law on public contracts.

(1) OJ L 209 of 24/07/1992, p. 1.

(Case C-137/06)

(2006/C 131/55)

Language of the case: English

Action brought on 10 March 2006 — Commission of the
European Communities v Republic of Malta

(Case C-136/06)

(2006/C 131/54)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Alcover San Pedro and D. Lawunmi, Agents)

Defendant: Ireland

The applicant claims that the Court should:

— declare that by failing to adopt the laws, regulations or
administrative provisions necessary to comply with Direc-
tive 2002/49/EC of the European Parliament and of the
Council of 25 June 2002 relating to the assessment and
management of environmental noise (1) or, in any event, by
failing to notify such provisions to the Commission, Ireland
has failed to fulfil its obligations under Article 14 of that
Directive.

Parties

— order Ireland to pay the costs.

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis and D. Lawunmi, Agents)

Pleas in law and main arguments

Defendant: Republic of Malta

The period within which the directive had to be transposed
expired on 18 July 2004.

The applicant claims that the Court should:

(1) OJ L 189, p. 12

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with the
following Directives of the European Parliament and of the
Council, namely, 2002/96/EC on Waste Electrical and Elec-
tronic Equipment (1) and 2003/108/EC of 8 December
2003 amending Directive 2002/96/EC on waste electrical
and electronic equipment (2), or in any event by failing to
communicate them to the Commission, Malta has failed to
fulfil its obligations under the Directive;

— order the Republic of Malta to pay the costs.

Pleas in law and main arguments

The period within which the directives had to be transposed
expired on 13 August 2004.

(1) OJ L 37, 13.02.2003, p. 24
(2) OJ L 345, 31.12.2003, p. 106

Action brought on 10 March 2006 — Commission of the
European Communities v United Kingdom of Great
Britain and Northern Ireland

(Case C-138/06)

(2006/C 131/56)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Alcover San Pedro and D. Lawunmi, Agents)

Defendant: United Kingdom of Great Britain and Northern
Ireland

3.6.2006

EN

Official Journal of the European Union

C 131/31

The applicant claims that the Court should:

Pleas in law and main arguments

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2002/49/EC of the European Parliament and of the
Council, relating to the assessment and management of
noise (1), or in any event by failing to communicate them to
the Commission, the United Kingdom has failed to fulfil its
obligations under the Directive:

— order United Kingdom of Great Britain and Northern

Ireland to pay the costs.

Pleas in law and main arguments

The period prescribed for implementation of
expired on 13 August 2004.

the directive

(1) OJ L 37, 13.02.2003, p. 19.

The period within which the directive had to be transposed
expired on 18 July 2004.

Action brought on 21 March 2006 — Commission of the
European Communities v Republic of Finland

(1) OJ L 189, p. 12

(Case C-153/06)

(2006/C 131/58)

Language of the case: Swedish

Action brought on 21 March 2006 — Commission of the
European Communities v Republic of Finland

Parties

(Case C-152/06)

(2006/C 131/57)

Language of the case: Swedish

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis and K. Nyberg, acting as Agents)

Defendant: Republic of Finland

Form of order sought

the European Parliament and of

— Declare that, with regard to the province of Åland, by
failing to adopt the laws, regulations and administrative
provisions necessary to comply with Directive 2002/95/EC
of
the Council of 27
January 2003 on the restriction of the use of certain hazar-
dous substances in electrical and electronic equipment (1) or
in any case by failing to inform the Commission thereof,
the Republic of Finland has failed to fulfil its obligations
under that directive;

— order the Republic of Finland to pay the costs.

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis and K. Nyberg, acting as Agents)

Defendant: Republic of Finland

Form of order sought

the European Parliament and of

— Declare that, with regard to the province of Åland, by
failing to adopt the laws, regulations and administrative
provisions necessary to comply with Directive 2002/96/EC
of
the Council of 27
January 2003 on waste electrical and electronic equipment
(WEEE) (1) or in any case by failing to inform the Commis-
sion thereof, the Republic of Finland has failed to fulfil its
obligations under that directive;

— order the Republic of Finland to pay the costs.

Pleas in law and main arguments

The period prescribed for implementation of
expired on 13 August 2004.

the directive

(1) OJ L 37, 13.02.2003, p. 24.