Case C-222/06: Action brought on  16 May 2006  — Commission of the European Communities v French Republic
Date: 2006-07-15
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, credit institution, fight against crime, money laundering, national implementing measure, provision of services

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;