Case C-235/06: Action brought on  24 May 2006  — Commission of the European Communities v Republic of Austria
Date: 2006-07-15
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, administrative sanction, air transport, approximation of laws, carriage of passengers, indemnification

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.