Case C-528/06: Action brought on 22 December 2006 — Commission of the European Communities v Kingdom of Belgium
Date: 2007-02-24
Institutions: Court of Justice
Subjects: Belgium, European Commission, access to information, action for failure to fulfil an obligation, data collection, dissemination of information, national implementing measure, public sector

C 42/18

EN

Official Journal of the European Union

24.2.2007

Reference for a preliminary ruling from the Hoge Raad der
Nederlanden, lodged on 27 December 2006 — Staatssecre-
taris van Financiën v Road Air Logistics Customs B.V.

(Case C-526/06)

(2007/C 42/30)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Appellant: Staatssecretaris van Financiën

Respondent: Road Air Logistics Customs B.V.

Question referred

Must the term ‘not legally owed’ in Article 236 of the Com-
munity Customs Code (1) be construed as covering also the case
in which the place where the customs debt was incurred was
not determined in accordance with the relevant provisions of
Regulation No 2454/93 implementing the Community Customs
Code? (2)

(1) Council Regulation (EEC) No 2913/92 of 12 October 1992 estab-

lishing the Community Customs Code (OJ 1992 L 302, p. 1).

(2) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying
down provisions for the implementation of Council Regulation (EEC)
No 2913/92 establishing the Community Customs Code (OJ 1993
L 253, p. 1).

Action brought on 22 December 2006 — Commission of
the European Communities v Kingdom of Belgium

(Case C-528/06)

(2007/C 42/31)

Language of the case: French

the European Parliament and of

2003/98/EC (1) of
the
Council of 17 November 2003 on the re-use of public
sector information, or in any event by failing to communi-
cate them 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.

Pleas in law and main arguments

The period prescribed for
domestic law expired on 1 July 2005.

transposing the directive

into

(1) OJ 2003 L 345, p. 90.

Action brought on 22 December 2006 — Commission of
the European Communities v Grand-Duchy of Luxembourg

(Case C-529/06)

(2007/C 42/32)

Language of the case: French

Parties

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

Defendant: Grand-Duchy of Luxembourg

Form of order sought

— declare that by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2003/98/EC (1) of
the
Council of 17 November 2003 on the re-use of public
sector information, or in any event by failing to communi-
cate them to the Commission, the Grand-Duchy of Luxem-
bourg has failed to fulfil its obligations under that directive;

the European Parliament and of

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

Parties

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

Defendant: Kingdom of Belgium

Pleas in law and main arguments

The period prescribed for
domestic law expired on 1 July 2005.

transposing the directive

into

Form of order sought

(1) OJ 2003 L 345, p. 90.

— declare that by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive