Case C-223/06: Action brought on  16 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, balance sheet, bank, consolidated account, financial institution, insurance company, national implementing measure, publication of accounts

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;

15.7.2006

EN

Official Journal of the European Union

C 165/21

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

Action brought on 17 May 2006 — Commission of the
European Communities v French Republic

Pleas in law and main arguments

The period for implementing the directive expired on 1 January
2005.

(Case C-226/06)

(2006/C 165/39)

Language of the case: French

(1) OJ L 178, p. 16.

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and I. Kaufmann-Bühler, acting as Agents)

Action brought on 16 May 2006 — Commission of the
European Communities v Kingdom of Spain

Defendant: French Republic

Form of order sought

(Case C-224/06)

(2006/C 165/38)

Language of the case: Spanish

Parties

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

Defendant: Kingdom of Spain

Form of order sought

— Declare that the Kingdom of Spain, by failing to adopt the
laws, regulations and administrative provisions necessary to
comply with Commission Directive 2004/72/EC (1) of 29
April 2004 implementing Directive 2003/6/EC (2) of the
European Parliament and of the Council as regards accepted
market practices, the definition of inside information in
relation to derivatives on commodities, the drawing up of
lists of insiders, the notification of managers' transactions
and the notification of suspicious transactions and, in any
event, by failing to inform the Commission thereof, has
failed to fulfil its obligations under that directive;

— order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The time-limit prescribed for the implementation in national
law of Directive 2004/72/EC expired on 12 October 2004.

(1) OJ L 162, 30.4.2004, p. 70.
(2) OJ L 96, 12.4.2003, p. 16.

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Articles
2, 10(1) and 12(3) and (4) of Council Directive 89/391/EEC
of 12 June 1989 on the introduction of measures to encou-
rage improvements in the safety and health of workers at
work (1), the French Republic has failed to fulfil its obliga-
tions under that directive and Articles 10 EC and 249 EC;

— order the French Republic to pay the costs.

Pleas in law and main arguments

The period for transposing Directive 89/391/EEC expired on
31 December 1992.

The Commission complains that the French Republic has failed
to fulfil its obligations under Articles 2, 10(1) and 12(3) and (4)
of Directive 83/391 by failing to adopt all the provisions neces-
sary to transpose the directive correctly into French law.

(1) OJ 1989 L 183, p. 1.

Action brought on 17 May 2006 — Commission of the
European Communities v Kingdom of Belgium

(Case C-227/06)

(2006/C 165/40)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Schima and B. Stromsky, agents)

Defendant: Kingdom of Belgium