Case C-219/06: Action brought on  12 May 2006  — Commission of the European Communities v Grand-Duchy of Luxembourg
Date: 2006-07-15
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, exchange of information, judgment of the Court (EU), periodic penalty payment, rail transport, transport licence, transport policy

15.7.2006

EN

Official Journal of the European Union

C 165/19

Action brought on 11 May 2006 — Commission of the
European Communities v Kingdom of Spain

Form of order sought

(Case C-216/06)

(2006/C 165/33)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: S. Pardo Quintillán and F. Simonetti, Agents)

— Declare that, by failing to bring into force the laws, regula-
tions and administrative provisions necessary to comply
with Directive 2002/87/EC of the European Parliament and
of the Council of 16 December 2002 on the supplementary
supervision of credit
insurance undertakings
institutions,
firms in a financial conglomerate and
and investment
amending Council Directives 73/239/EEC, 79/267/EEC,
92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and
the European
Directives 98/78/EC and 2000/12/EC of
the Council (1), or,
Parliament and of
in any event, by
failing to notify the Commission of such measures, the
Grand-Duchy of Luxembourg has failed to fulfil its obliga-
tions under that directive;

Defendant: Kingdom of Spain

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

Form of order sought

Pleas in law and main arguments

— Declare that the Kingdom of Spain, by failing to adopt the
laws, regulations and administrative provisions necessary to
comply with Directive 2003/35/EC of the European Parlia-
ment and of the Council of 26 May 2003 providing for
public participation in respect of the drawing up of certain
plans and programmes relating to the environment and
amending with regard to public participation and access to
justice Council Directives 85/337/EEC and 96/61/EC (1) or,
in any event, by failing to inform the Commission thereof,
has failed to comply with its obligations under that direc-
tive;

— order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The time-limit prescribed for implementation in national law of
Directive 2003/35/EC expired on 25 June 2005.

(1) OJ L 156, p. 17.

The period for implementing the directive expired on 11
August 2004.

(1) OJ 2003 L 35, p.1.

Action brought on 12 May 2006 — Commission of the
European Communities v Grand-Duchy of Luxembourg

(Case C-219/06)

(2006/C 165/35)

Language of the case: French

Action brought on 12 May 2006 — Commission of the
European Communities v Grand-Duchy of Luxembourg

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell, Agent)

Parties

(Case C-218/06)

(2006/C 165/34)

Language of the case: French

Defendant: Grand-Duchy of Luxembourg

Form of order sought

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Maidani, Agent)

Defendant: Grand-Duchy of Luxembourg

— A declaration that, by failing to adopt measures to comply
with the judgment delivered by the Court on 30 September
2004 in Case C-481/03 (1) concerning the failure to
communicate measures for the implementation of Direc-
tives 2001/12/EC (2) and 2001/13/EC (3), the Grand-Duchy
of Luxembourg has failed to fulfil
its obligations under
those directives and under Article 228(1) EC;

C 165/20

EN

Official Journal of the European Union

15.7.2006

— an order that the Grand-Duchy of Luxembourg pay the
Commission a penalty payment of EUR 4 800 for each day
of delay in complying with judgment in Case C-481/03
with regard to Directive 2001/12/EC and a penalty
payment of EUR 4 800 for each day of delay in complying
with the judgment in Case C-481/03 with regard to Direc-
tive 2001/13/EC from the date of judgment herein until the
judgment in Case C-481/03 has been complied with;

— an order that the Grand-Duchy of Luxembourg pay the
Commission a lump sum, to be calculated by multiplying
the daily sum of EUR 1 000 by the number of days the
infringement continues, from the date of judgment in Case
C-481/03 until the date of judgment herein in relation to
Directive 2001/12/EC, together with the same sum in rela-
tion to Directive 2001/13/EC; and

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2001/97/EC of the European Parliament and of the
Council of 4 December 2001 amending Council Directive
91/308/EEC on prevention of
the financial
system for the purpose of money laundering (1), the French
Republic has failed to fulfil its obligations under that direc-
tive;

the use of

— order the French Republic to pay the costs.

Pleas in law and main arguments

— an order that the Grand-Duchy of Luxembourg pay the

costs.

The period for transposing the directive expired on 15 June
2003.

Pleas in law and main arguments

(1) OJ 2001 L 344, p. 76.

The Grand-Duchy of Luxembourg has failed to communicate
to the Commission any measure adopted following the judg-
ment of the Court in Case C-481/03.

(1) Not reported.
(2) Directive 2001/12/EC of

the
Council of 26 February 2001 amending Council Directive
91/440/EEC on the development of the Community's railways (OJ L
75, p. 1).

the European Parliament and of

(3) Directive 2001/13/EC of

the
Council of 26 February 2001 amending Council Directive 95/18/EC
on the licensing of railway undertakings (OJ L 75, p. 26).

the European Parliament and of

Action brought on 16 May 2006 — Commission of the
European Communities v Grand-Duchy of Luxembourg

(Case C-223/06)

(2006/C 165/37)

Language of the case: French

Action brought on 16 May 2006 — Commission of the
European Communities v French Republic

(Case C-222/06)

(2006/C 165/36)

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Braun, Agent)

Defendant): Grand-Duchy of Luxembourg

Language of the case: French

Form of order sought

Parties

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

Defendant: French Republic

— Declare that, by failing to bring into force the laws, regula-
tions and administrative provisions necessary to comply
with Directive 2003/51/EC of the European Parliament and
of
the Council of 18 June 2003 amending Directives
78/660/EEC, 83/349/EEC, 86/635/EEC and 91/674/EEC on
the annual and consolidated accounts of certain types of
companies, banks and other financial institutions and insur-
ance undertakings (1), or, in any event, by failing to notify
the Commission of such measures, the Grand-Duchy of
Luxembourg has failed to fulfil its obligations under that
directive;