Case C-86/07: Action brought on 15 February 2007 — Commission of the European Communities v Italian Republic
Date: 2007-04-14
Institutions: Court of Justice
Subjects: European Commission, Italy, action for failure to fulfil an obligation, air transport, foreign national, illegal migration, national implementing measure, removal, transit

C 82/24

EN

Official Journal of the European Union

14.4.2007

Parties to the main proceedings

Applicant:
Gómez

José Manuel Blanco Pérez, Maria del Pilar Chao

Defendant: Consejería de Salud y Servicios Sanitarios

Questions referred

1. Should Article 2 of Decree 72/2001 and the First Section of
Chapter II of said Decree, pursuant to the provisions of
Article 103 of Law 14/1986 (General Health) and of
Article 88 of Law 25/1990 of 20 December (on medicinal
products), be considered to be in breach of Article 43 of the
Treaty establishing the European [Community]?

2. Should Annex III of the Resolution of the Department of
Health and Health Care Services of the Government of the
Principality of Asturias be considered to be in breach of
Article 43 of the EC Treaty?

Action brought on 13 February 2007 — Commission of
the European Communities v Republic of Malta

(Case C-79/07)

(2007/C 82/43)

Language of the case: Maltese

Parties

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

Defendant: Republic of Malta

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations or
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) or,
in any event, by failing to notify such provisions to the
Commission, the Republic of Malta has failed to fulfil
its
obligations under that Directive.

— order the Republic of Malta to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 6 December 2005.

(1) OJ L 321, p. 26.

Reference for a preliminary ruling from the Tribunal
Supremo (Spain) lodged on 15 February 2007 — Comisión
del Mercado de las Telecomunicaciónes v Administración
del Estado

(Case C-82/07)

(2007/C 82/44)

Language of the case: Spanish

Referring court

Tribunal Supremo (Spain)

Parties to the main proceedings

Appellant: Comisión del Mercado de las Telecomunicaciónes

Respondent: Administración del Estado

Questions referred

1. Do Article

3(2)

10(1)

and Article

in conjunction with Recital 11,

of Directive
2002/21/EC (1),
require
Member States to allocate to separate authorities ‘regulatory
functions’ on the one hand and ‘operational’ functions on
the other,
in relation to assigning national numbering
resources and managing national numbering plans?

2. Where

on
transposing Directive
State,
a Member
law, has charged a specific
2002/21/EC into its national
authority with assigning national numbering resources and
managing national numbering plans, may it at the same time
reduce that authority's powers in that sphere, conferring
them on other authorities or on its own State administration,
with the result that management of those resources is in
reality shared between various authorities?

(1) Directive 2002/21/EC of

the
Council of 7 March 2002 on a common regulatory framework for
electronic communications networks and services (Framework Direc-
tive).

the European Parliament and of

Action brought on 15 February 2007 — Commission of
the European Communities v Italian Republic

(Case C-86/07)

(2007/C 82/45)

Language of the case: Italian

Parties

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

Defendant: Italian Republic

14.4.2007

EN

Official Journal of the European Union

C 82/25

Forms of order sought

Pleas in law and main arguments

— Declare that, by failing to adopt all 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), or
by failing in any event to communicate those provisions to
the Commission, the Italian Republic has failed to fulfil its
obligations under that directive;

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 3 December 2005.

(1) OJ L 251, p. 12.

The time-limit
expired on 5 December 2005.

for

transposition of Directive 2003/110/EC

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

Action brought on 19 February 2007 — Commission of
the European Communities v Italian Republic

(Case C-91/07)

(2007/C 82/47)

Language of the case: Italian

Action brought on 15 February 2007 — Commission of
the European Communities v Republic of Malta

(Case C-87/07)

(2007/C 82/46)

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and E. De Persio, acting as
Agents)

Defendant: Italian Republic

Language of the case: Maltese

Form of order sought

Parties

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

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2003/86/EC (1) of 22 September 2003 on the
right to family reunification, or at any rate by not informing
the Commission thereof, the Italian Republic has failed to
fulfil its obligations under that directive;

Defendant: Republic of Malta

— order the Italian Republic to pay the costs.

The applicant claims that the Court should:

Pleas in law and main arguments

— declare that, by failing to adopt the laws, regulations or
administrative provisions necessary to comply with Council
Directive 2003/86/EC of 22 September 2003 on the right
to family reunification (1) or,
in any event, by failing to
notify such provisions to the Commission, the Republic of
Malta has failed to fulfil its obligations under that Directive.

— order the Republic of Malta to pay the costs.

The time for transposing Directive 2003/86/EC expired on
3 October 2005.

(1) OJ 2003 L 251, p. 12.