Case C-216/06: Action brought on  11 May 2006  — Commission of the European Communities v Kingdom of Spain
Date: 2006-07-15
Institutions: Court of Justice
Subjects: European Commission, Spain, access to EU information, access to the courts, action for failure to fulfil an obligation, development plan, environmental protection, national implementing measure, transparency in decision-making

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;