Case C-392/06: Action brought on 21 September 2006 — Commission of the European Communities v Kingdom of Spain
Date: 2006-12-02
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, arrangement of working time, national implementing measure, road safety, road transport

C 294/28

EN

Official Journal of the European Union

2.12.2006

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

(Case C-391/06)

(2006/C 294/48)

European Parliament and of the Council of 11 March 2002
on the organisation of
the working time of persons
performing mobile road transport activities (1) and, in any
event, by failing to communicate them to the Commission,
the Kingdom of Spain has failed to fulfil
its obligations
under that directive;

Language of the case: English

— order the Kingdom of Spain to pay the costs.

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Lawunmi, U. Wölker, Agents)

Pleas in law and main arguments

The period for transposition of Directive 2002/15/EC expired
on 23 March 2005.

Defendant: Ireland

(1) OJ L 80 of 23.3.2002, p. 35.

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Direc-
tive 2003/4/EC (1) of the European Parliament and of the
Council, or in any event by failing to communicate them to
the Commission, Ireland has failed to fulfil its obligations
under the Directive;

— order Ireland to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 14 February 2005.

Action brought on 22 September 2006 — Commission of
the European Communities v Italian Republic

(Case C-394/06)

(2006/C 294/50)

Language of the case: Italian

(1) OJ L 94, P.49

Parties

Applicant: Commission of the European Communities (repre-
sented by: B. Schima and D. Recchia, acting as Agents)

Defendant: Italian Republic

Action brought on 21 September 2006 — Commission of
the European Communities v Kingdom of Spain

Form of order sought

(Case C-392/06)

(2006/C 294/49)

Language of the case: Spanish

Parties

— declare that, by failing to submit, before 1 July 2005, an
annual national
report on the promotion of biofuels
including all the information laid down in Article 4(1) of
Directive 2003/30/EC of the European Parliament and of
the Council on the promotion of the use of biofuels or
other renewable fuels for transport (1), the Italian Republic
has failed to fulfil its obligations under that directive;

— order the Italian Republic to pay the costs.

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

Pleas in law and main arguments

Defendant: Kingdom of Spain

Form of order sought

The period for submitting the annual national report on the
promotion of biofuels referred to in Article 4(1) of Directive
2003/30/EC expired on 1 July 2005.

— declare that, by failing to bring into force the provisions
the
necessary to comply with Directive 2002/15/EC of

The Italian Republic maintains that it sent to the Commission a
report in accordance with the requirements of the directive on
14 July 2006.