Case C-58/07: Action brought on 7 February 2007 — Commission of the European Communities v Kingdom of Spain
Date: 2007-03-24
Institutions: Court of Justice
Subjects: European Commission, Spain, 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 69/11

Action brought on 5 February 2007 — Commission of the
European Communities v Grand Duchy of Luxembourg

Defendant: Hellenic Republic

(Case C-51/07)

(2007/C 69/24)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande, acting as 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 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 them to the
Commission, the Grand Duchy of Luxembourg has failed to
fulfil its obligations under that directive;

Form of order sought

— declare that, by not adopting, or in any event by not noti-
fying to the Commission, the laws, regulations and adminis-
trative provisions necessary to comply with Commission
Directive 2004/104/EC (1) of 14 October 2004 adapting to
technical progress Council Directive 72/245/EEC relating to
the radio interference (electromagnetic compatibility) of
vehicles and amending Directive 70/156/EEC on the approx-
imation of the laws of the Member States relating to the
type-approval of motor vehicles and their
the
Hellenic Republic has failed to fulfil
its obligations under
that directive;

trailers,

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The time-limit for transposition of Directive 2004/104 into
domestic law expired on 31 December 2005.

— order Grand Duchy of Luxembourg to pay the costs.

(1) OJ L 337, 13.11.2004, p. 13.

Pleas in law and main arguments

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

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

Action brought on 7 February 2007 — Commission of the
European Communities v Kingdom of Spain

(Case C-58/07)

(2007/C 69/26)

Action brought on 6 February 2007 — Commission of the
European Communities v Hellenic Republic

Language of the case: Spanish

(Case C-53/07)

(2007/C 69/25)

Language of the case: Greek

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and A. Alcover San Pedro,
acting as Agents)

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

Defendant: Kingdom of Spain

C 69/12

EN

Official Journal of the European Union

24.3.2007

Form of order sought

— Declare that, by not adopting the laws, regulations and
administrative provision necessary to comply with Council
Directive 2003/110/EC (1) of 25 November 2003 on assis-
tance in cases of transit for the purposes of removal by air
and,
in any event, by not communicating them to the
Commission, the Kingdom of Spain has failed to fulfil its
obligations under that directive;

— order the Kingdom of Spain to pay the costs.

Action brought on 7 February 2007 — Commission of the
European Communities v Czech Republic

(Case C-60/07)

(2007/C 69/28)

Language of the case: Czech

Pleas in law and main arguments

Parties

The period prescribed for adapting domestic law to Directive
2003/110/EC expired on 6 December 2005.

Applicant: Commission of the European Communities (repre-
sented by M. Šmerdová and L. Pignataro, Agents)

(1) OJ L 321, p. 26.

Defendant: Czech Republic

Form of order sought

Action brought on 7 February 2007 — Commission of the
European Communities v Kingdom of Spain

(Case C-59/07)

(2007/C 69/27)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durante and A. Alcover San Pedro, acting
as Agents)

Defendant: Kingdom of Spain

Form of order sought

— A declaration that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Council Directive 2003/109/EC (1) of 25 November 2003
concerning the status of third-country nationals who are
long-term residents or in any event by failing to communi-
cate them to the Commission, the Kingdom of Spain has
failed to fulfil its obligations under that directive;

— an order that the Kingdom of Spain should pay the costs.

to

necessary

provisions

— declare that, by failing to adopt the laws, regulations and
comply with
administrative
Commission Directive 2004/33/EC (1) of 22 March 2004
implementing Directive 2002/98/EC of the European Parlia-
ment and of the Council as regards certain technical require-
ments for blood and blood components, or in any event by
not communicating such measures to the Commission, the
Czech Republic has failed to fulfil
its obligations under
Article 9(1) of that directive;

— order the Czech Republic to pay the costs.

Pleas in law and main arguments

The period prescribed for transposing the directive into national
law expired on 8 February 2005.

(1) OJ L 91, 2004, p. 25.

Action brought on 8 February 2007 — Commission of the
European Communities v Italian Republic

(Case C-62/07)

(2007/C 69/29)

Language of the case: Italian

Pleas in law and main arguments

The period prescribed for the transposition into domestic law of
Directive 2003/109/EC expired on 23 February 2006.

Parties

(1) OJ L 16, 2004, p. 44.

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

Defendant: Italian Republic