Case C-339/06: Action brought on 4 August 2006 — Commission of the European Communities v Italian Republic
Date: 2006-09-16
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, animal nutrition, chemical compound, food chemistry, microorganism, national implementing measure, protein products

16.9.2006

EN

Official Journal of the European Union

C 224/31

(b) the fact that the Commission was informed immediately
and timeously, before the time-limit expired,
the
bringing of rice into storage was delayed because of the
strike and the fact that Commission did not reply immedi-
ately created justified expectations that
the Commission
had no objection to the delay of a few days.

that

Action brought on 4 August 2006 — Commission of the
European Communities v Italian Republic

(Case C-339/06)

(2006/C 224/59)

Language of the case: Italian

Parties

Action brought on 28 July 2006 — Commission of the
European Communities v Kingdom of Sweden

Applicant: Commission of the European Communities (repre-
sented by: C. Cattabriga, Agent)

(Case C-333/06)

(2006/C 224/58)

Language of the case: Swedish

Parties

Applicant: Commission of the European Communities (repre-
sented by: J.R. Vidal Puig and K. Simonsson, acting as Agent)

Defendant: Kingdom of Sweden

Defendant: Italian Republic

Form of order sought

amending

— Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary
to comply with
Commission Directive 2004/116/EC (1) of 23 December
2004
to Council Directive
82/471/EEC as regards the inclusion of Candida guillier-
mondii or, in any event, by failing to communicate those
provisions to the Commission, the Italian Republic has
failed to fulfil its obligations under Article 2(1) of that direc-
tive;

the Annex

— Order the Italian Republic to pay the costs.

Form of order sought

Pleas in law and main arguments

the European Parliament and of

— Declare that, by failing to lay down the sanctions for infrin-
gements of the provisions of Regulation (EC) No 261/2004
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 delays of flights, and repealing
Regulation (EEC) No 295/91 (1), the Kingdom of Sweden
has failed to fulfil its obligations under Article 16 of the
directive;

— order the Kingdom of Sweden to pay the costs.

Pleas in law and main arguments

Article 16(3) of Regulation No 261/2004 requires the Member
States to lay down effective, proportionate and dissuasive sanc-
tions for infringements of the provisions of the regulation.

According to the information available to the Commission, the
Kingdom of Sweden — by failing to lay down sanctions for
infringements of the provisions of Article 14 of the regulation
and nearly one and a half years after its entry into force — has
not yet introduced a complete system of sanctions for infringe-
ments of the regulation.

The period for transposition of the directive expired on 30
June 2005.

(1) OJ L 379, 24.12.2004, p. 81.

Order of the President of the Court of 20 June 2006 —
Kingdom of Spain v Council of the European Union

(Case C-133/04) (1)

(2006/C 224/60)

Language of the case: Spanish

The President of
removed from the register.

the Court has ordered that

the case be

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

(1) OJ C 106, 30.4.2004.