Case C-236/06: Action brought on  24 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, financial legislation, financial market, insider trading, national implementing measure, securities

C 165/22

EN

Official Journal of the European Union

15.7.2006

Form of order sought

Pleas in law and main arguments

— declare that, by introducing a de facto obligation on
economic operators wishing to market in Belgium construc-
tion products legally produced and/or marketed in another
Member State of the European Union to obtain ‘BENOR’ or
‘ATG’ marks denoting conformity for the marketing of
these products in Belgium, the Kingdom of Belgium has
failed to fulfil its obligations under Articles 28 and 30 EC;

— order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

issue can be classified as State
The national measures at
measures impeding free movement of goods not justified by
considerations laid down in Article 30 EC or by imperative
requirements of public interest and not satisfying the principle
of proportionality.

Article 16 of Regulation No 261/2004 provides that, in the
event that no compensation is paid, no re-routing offered or no
right to reimbursement granted, sanctions are to be imposed
on airlines. The sanctions laid down by the Member States for
infringements of the regulation must be effective, proportionate
and dissuasive.

According to the information available to the Commission,
laid down effective, proportionate and
Austria has not yet
dissuasive sanctions for infringements of the regulation.

(1) OJ L 46 of 17.2.2004, p. 1.

Action brought on 24 May 2006 — Commission of the
European Communities v Grand-Duchy of Luxembourg

Action brought on 24 May 2006 — Commission of the
European Communities v Republic of Austria

(Case C-235/06)

(2006/C 165/41)

Language of the case: German

(Case C-236/06)

(2006/C 165/42)

Language of the case: French

Parties

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

Defendant: Republic of Austria

Parties

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

Defendant: Grand-Duchy of Luxembourg

Form of order sought

Form of order sought

— declare that, by failing to lay down sanctions within the
meaning of Article 16 of Regulation (EC) No 261/2004 of
the European Parliament and of the Council of 11 February
2004 establishing common rules on compensation and
assistance to passengers in the event of denied boarding
and of cancellation or long delay of flights, and repealing
Regulation (EEC) No 295/91 (1), the Republic of Austria has
failed to fulfil its obligations under that regulation;

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2003/6/EC of the European Parliament and of the
Council of 28 January 2003 on insider dealing and market
manipulation (market abuse) (1) and, in any event, by failing
the Grand-
to communicate them to the Commission,
its obligations
Duchy of Luxembourg has failed to fulfil
under that directive;

— order the Republic of Austria to pay the costs.

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

15.7.2006

EN

Official Journal of the European Union

C 165/23

Pleas in law and main arguments

The period for transposing the directive expired on 12 October
2004.

(1) OJ 2003 L 96, p. 16.

Appeal brought on 28 May 2006 by Guido Strack against
the order made on 22 March 2006 by the Court of First
Instance (First Chamber) in Case T-4/05, Guido Strack v
Commission of the European Communities

(Case C-237/06 P)

(2006/C 165/43)

Language of the case: German

Parties

Appellant: Guido Strack (represented by: L. Füllkrug, Rechtsan-
walt)

Other party to the proceedings: Commission of the European
Communities

Form of order sought

— Set aside the order of the Court of First Instance (First
Chamber) of 22 March 2006 in Case T-4/05 Guido Strack v
Commission of the European Communities (1)

— Annul the decision of 5 February 2004 to close the OLAF
investigation number OF/2002/0356 and the final case
report
(NT/sr D(2003)-AC-19723-01687 of 5 February
2004) on which that decision was based

— Order the Commission of the European Communities to

pay the costs

Pleas in law and main arguments

In his appeal the appellant submits that the Court of First
Instance made procedural errors and infringed the rule of Com-
munity law in Article 3(3) of Council Decision 2004/752/EC,
Euratom of 2 November 2004 establishing the European
Union Civil Service Tribunal. The Court of First Instance did

not have jurisdiction at the time the order was made as it
should already have referred Case T-4/05 to the European
Union Civil Service Tribunal in December 2005 on the basis of
the abovementioned provision.

the appellant submits that

Furthermore,
the Court of First
Instance erred in procedure as it did not substantiate the
contested order with reference to a number of independent
grounds on which the action was based.

Moreover, the Court of First Instance infringed Community law
by wrongly interpreting the concept of
‘an act adversely
affecting him’ which is used in Article 90(2) and 90a of the
It did this by wrongly interpreting the
Staff Regulations.
concept itself and not taking into consideration previous case-
law, wrongly interpreting the rules in Articles 22a, 22b and 43
of the Staff Regulations, the fundamental right to physical and
mental integrity and the principle of effective judicial protec-
tion, and by misjudging the nature of claims for damages.

the appellant also submits that

Lastly,
the Court of First
Instance made procedural errors, which are apparent from the
case-file due to incorrect findings of fact and an incorrect legal
assessment of the facts as regards the OLAF investigations, and
also the illogical presentation thereof
in the statement of
reasons in the order.

(1) OJ C 121, 20.05.2006, p. 12

Order of the President of the Sixth Chamber of the Court
of 15 February 2006 — Commission of the European
Communities v Italian Republic

(Case C-21/05) (1)

(2006/C 165/44)

Language of the case: Italian

The President of the Sixth Chamber has ordered that the case
be removed from the register.

(1) OJ C 69, 19.03.2005.