Case C-35/07: Action brought on 30 January 2007 — Commission of the European Communities v Portuguese Republic
Date: 2007-03-10
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, legal code, national implementing measure, pharmaceutical legislation, veterinary drug

10.3.2007

EN

Official Journal of the European Union

C 56/25

Action brought on 29 January 2007 — Commission of the
European Communities v Hellenic Republic

(Case C-29/07)

(2007/C 56/47)

Language of the case: Greek

Parties

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2003/42/EC of the European Parliament and of the Council
of 13 June 2003 on occurrence reporting in civil avia-
tion (1), or in any event by failing to communicate them to
the Commission, Ireland has failed to fulfil
its obligations
under the Directives;

— order Ireland to pay the costs.

Pleas in law and main arguments

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande)

The period within which the directive had to be transposed
expired on 4 July 2005.

Defendant: Hellenic Republic

Form of order sought

— 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 Council Direc-
tive 2003/110/EC (1) of 25 November 2003 on assistance in
cases of transit for the purposes of removal by air, the
Hellenic Republic has failed to fulfil
its obligations under
that directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of Directive 2003/110 into
domestic law expired on 6 December 2005.

(1) OJ L 321, 6.12.2003, p. 26.

Action brought on 26 January 2007 — Commission of the
European Communities v Ireland

(Case C-31/07)

(2007/C 56/48)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: R. Vidal Puig, Agent)

(1) OJ L 167, p. 23.

Action brought on 30 January 2007 — Commission of the
European Communities v Portuguese Republic

(Case C-35/07)

(2007/C 56/49)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (repre-
sented by: A. Caeiros and B. Stromsky, acting as Agents)

Defendant: Portuguese Republic

Form of order sought

— principally, a declaration that, by failing to adopt all the
laws, regulations and administrative provisions necessary to
comply with Directive 2004/28/EC (1) of
the European
Parliament and of the Council of 31 March 2004 amending
Directive 2001/82/EC on the Community code relating to
veterinary medicinal products, the Portuguese Republic has
failed to fulfil its obligations under Article 3 of that direc-
tive;

— in the alternative, a declaration that, by failing in any event
to communicate such provisions to the Commission, the
Portuguese Republic has failed to fulfil its obligations under
that article of the directive;

— an order for the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of the directive into
domestic law expired on 30 October 2005.

Defendant: Ireland

(1) OJ L 136, 2004, p. 58.