Case C-3/07: Action brought on 11 January 2007 — Commission of the European Communities v Kingdom of Belgium
Date: 2007-03-24
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, air transport, foreign national, illegal migration, national implementing measure, removal, transit

24.3.2007

EN

Official Journal of the European Union

C 69/5

2. Does the work to modify the infrastructure of an existing
airport with a view to adapting it to a projected increase in
the number of nighttime and daytime flights, without exten-
sion of the runway, correspond to the notion of a “project”,
for which an impact assessment is required within the terms
of Articles 1, 2 and 4 of Council Directive 85/337/EEC of
27 June 1985 on the assessment of the effects of certain
public and private projects on the environment, as applic-
able before its amendment by Council Directive 97/11/EC of
3 March 1997?

3. Since a projected increase in the activity of an airport is not
directly referred to in the annexes to Directive 85/337/EEC,
must
take
the Member State in question nevertheless
account of that increase when examining the potential envir-
onmental effect of modifications made to the infrastructures
of that airport with a view to adapting it for that increase in
activity?’

(1) OJ L 175, p. 40.
(2) OJ L 73, p. 5.

Pleas in law and main arguments

The period for transposition of Directive 2003/110/EC expired
on 5 December 2005.

(1) OJ L 321, 2003, p. 26.

Action brought on 15 January 2007 — Commission of the
European Communities v French Republic

(Case C-7/07)

(2007/C 69/09)

Language of the case: French

Action brought on 11 January 2007 — Commission of the
European Communities v Kingdom of Belgium

Parties

(Case C-3/07)

(2007/C 69/08)

Language of the case: French

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

Defendant: French Republic

Form of order sought

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and R. Troosters, Agents)

Defendant: Kingdom of Belgium

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2001/84/EC of the European Parliament and of the Council
of 27 September 2001 on the resale right for the benefit of
the author of an original work of art (1) and, in any event by
failing to communicate those provisions to the Commission,
the French Republic has failed to fulfil its obligations under
that directive;

— order the French Republic to pay the costs.

Form of order sought

Pleas in law and main arguments

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2003/110/EC of 25 November 2003 on assistance
in cases of transit for the purposes of removal by air (1) and,
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.

The period for transposition of Directive 2001/84/EC expired
on 31 December 2005.

(1) OJ L 272, 2001, p. 32.