Case C-381/06: Action brought on 15 September 2006 — Commission of the European Communities v Hellenic Republic
Date: 2006-10-28
Institutions: Court of Justice
Subjects: European Commission, Greece, action for failure to fulfil an obligation, labour law, national implementing measure, worker consultation, worker information

28.10.2006

EN

Official Journal of the European Union

C 261/17

Action brought on 14 September 2006 — Commission of
the European Communities v Republic of Finland

Parties to the main proceedings

(Case C-377/06)

(2006/C 261/31)

Applicant: Clear Channel Belgium S.A.

Defendant: City of Liège

Language of the case: Finnish

Intervener: J.-C. Decaux Belgium S.A.

Parties

Questions referred

Applicant: Commission of the European Communities (repre-
sented by: I. Koskinen and J.-B. Laignelot, acting as Agents)

Defendant: Republic of Finland

Form of order sought

— declare that, by failing to adopt, in respect of the province
of Åland, the laws, regulations and administrative provi-
sions necessary to comply with Directive 2003/35/EC of
the European Parliament and of the Council of 26 May
2003 providing for public participation in respect of the
drawing up of certain plans and programmes relating to the
environment and amending with regard to public participa-
tion and access to justice Council Directives 85/337/EEC
and 96/61/EC (1), or in any event, by failing to inform the
Commission thereof, the Republic of Finland has failed to
fulfil its obligations under that directive.

— order the Republic of Finland to pay the costs.

Pleas in law and main arguments

the

exclude

1. Does a contract classified as a ‘licence in respect of public
land’
of Council Directive
application
92/50/EEC (1) of 18 June 1992 relating to the coordination
of procedures for the award of public service contracts,
where, notwithstanding the
award by the municipal
authority to the contractor of the exclusive right to exploit
for profit advertising space on street furniture supplied to
the municipal authority, the contract requires the contractor
the
to supply a number of services for the benefit of
authority (provision of street furniture, and of space for
municipal posters)?

2. Where there is no price in the classic sense of that term,
may the valuable consideration for the services supplied to
the municipal authority consist
in the waiver by the
authority of advertising revenue from which the financial
payments and contributions
in kind and display fees
provided for in the contract are, as in this case, to be
deducted?

3. Does the principal or ancillary nature of the various obliga-
tions provided for in the contract have any relevance to the
application of the aforementioned directive?

The period prescribed for transposing the directive expired on
25 June 2005.

(1) OJ L 209, 24.07.1992, p. 1.

(1) OJ 2003 L 156, p. 17

Action brought on 15 September 2006 — Commission of
the European Communities v Hellenic Republic

Reference for a preliminary ruling from the Conseil d'Etat
(Belgium) lodged on 15 September 2006 — Clear Channel
Belgium S.A. v City of Liège

(Case C-378/06)

(2006/C 261/32)

Language of the case: French

Parties

(Case C-381/06)

(2006/C 261/33)

Language of the case: Greek

Referring court

Conseil d'Etat (Belgium)

Applicant: Commission of the European Communities (repre-
sented by: M. Patakia and J. Enegren)

Defendant: Hellenic Republic

C 261/18

EN

Official Journal of the European Union

28.10.2006

Form of order sought

Pleas in law and main arguments

— declare that, by not adopting, and in any event by not noti-
fying to the Commission, the laws, regulations and adminis-
trative provisions necessary to comply with Directive
2002/14/EC (1) of
the
Council of 11 March 2002 establishing a general frame-
work for informing and consulting employees in the Euro-
pean Community, the Hellenic Republic has failed to fulfil
its obligations under that directive;

the European Parliament and of

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of Directive 2002/14/EC into
domestic law expired on 23 March 2005.

(1) OJ L 80, 23.3.2002, p. 29.

Action brought on 20 September 2006 — Commission of
the European Communities v French Republic

(Case C-388/06)

(2006/C 261/34)

Language of the case: French

Parties

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

Defendant: French Republic

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2003/96/EC of 27 October 2003, restructuring
the Community framework for the taxation of energy
products and electricity (1), or in any event by failing to
communicate those provisions to the Commission,
the
French Republic has failed to fulfil its obligations under that
directive;

The period for the transposition of Directive 2003/96/EC
expired on 31 December 2003.

(1) OJ L 283, 31.10.2003, p. 51.

Action brought on 20 September 2006 — Commission of
the European Communities v Kingdom of Belgium

(Case C-389/06)

(2006/C 261/35)

Language of the case: French

Parties

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

Defendant: Kingdom of Belgium

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2003/9/EC of 27 January 2003 laying down
minimum standards for the reception of asylum seekers (1),
or in any event by failing to communicate those provisions
to the Commission the Kingdom of Belgium has failed to
fulfil its obligations under that directive;

— order the Kingdom of Belgium to pay the costs

Plea in law and main arguments

The period for
expired on 6 February 2005.

the transposition of Directive 2003/9/EC

— order the French Republic to pay the costs.

(1) OJ L 31, 6.2.2003, p.18