Case C-61/07: Action brought on 8 February 2007 — Commission of the European Communities v Grand-Duchy of Luxembourg
Date: 2007-04-28
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, exchange of information, greenhouse gas, prevention of pollution, reduction of gas emissions

C 95/18

EN

Official Journal of the European Union

28.4.2007

Question referred

Are national provisions (Articles 2 and 8 of Decree-Law No 61/
2000) which impose an obligation on employers to send a copy
of part-time employment contracts within 30 days of
their
the
conclusion to the competent provincial department of
Labour Inspectorate, which imposes a fine of EUR 15 per
employee concerned and per day of delay for failure to do so,
and which do not set an upper limit for the administrative fine,
compatible with Community law provisions and Directive 97/
81/EC of 15 December 1997 (1)?

Action brought on 7 February 2007 — Commission of the
European Communities v Grand-Duchy of Luxembourg

(Case C-57/07)

(2007/C 95/31)

Language of the case: French

(1) OJ 1998 L 14, p. 9.

Parties

Reference for a preliminary ruling from the Landesgericht
Bozen (Italy) lodged on 1 February 2007 — Ruth Volgger,
Othmar Michaeler and Subito GmbH v Labour Inspectorate
of the Autonomous Province of Bolzano (now the employ-
ment protection office) and Autonomous Province of
Bolzano

(Case C-56/07)

(2007/C 95/30)

Language of the case: German

Referring court

Landesgericht Bozen

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande, 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 2003/86/EC of 22 September 2003 on the right
to family reunification (1), or in any event, by failing to
notify the Commission of such measures, the Grand-Duchy
of Luxembourg has failed to fulfil its obligations under that
directive;

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

Pleas in law and main arguments

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

Parties to the main proceedings

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

Applicants: Ruth Volgger, Othmar Michaeler and Subito GmbH

Defendants: Labour Inspectorate of the Autonomous Province of
Bolzano (now the employment protection office) and Autono-
mous Province of Bolzano

Question referred

Are national provisions (Articles 2 and 8 of Decree-Law No 61/
2000) which impose an obligation on employers to send a copy
their
of part-time employment contracts within 30 days of
conclusion to the competent provincial department of
the
Labour Inspectorate, which imposes a fine of EUR 15 per
employee concerned and per day of delay for failure to do so,
and which do not set an upper limit for the administrative fine,
compatible with Community law provisions and Directive 97/
81/EC of 15 December 1997 (1)?

(1) OJ 1998 L 14, p. 9.

Action brought on 8 February 2007 — Commission of the
European Communities v Grand-Duchy of Luxembourg

(Case C-61/07)

(2007/C 95/32)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: U. Wölker and J.-B. Laignelot, Agents)

Defendant: Grand-Duchy of Luxembourg

28.4.2007

EN

Official Journal of the European Union

C 95/19

Form of order sought

— declare that, by failing to send the report containing the
information required under Article 3(2) of Decision
No 280/2004/EC of the European Parliament and of the
Council of 11 February 2004 concerning a mechanism for
monitoring Community greenhouse gas emissions and for
implementing the Kyoto Protocol (1), the Grand-Duchy of
Luxembourg has failed to fulfil
its obligations under that
article;

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

use (1), the French Republic has failed to fulfil its obligations
under Article 2 of that directive;

in the alternative:

declare that, by failing to communicate to the Commission
the laws, regulations and administrative provisions necessary
to comply with Directive 2004/24/EC of
the European
Parliament and of the Council of 31 March 2004 amending,
as regards traditional herbal medicinal products, Direc-
tive 2001/83/EC on the Community code relating to medic-
inal products for human use, the French Republic has failed
to fulfil its obligations under Article 2 of that directive;

Pleas in law and main arguments

The Grand-Duchy of Luxembourg failed to communicate to the
Commission by 15 March 2005 the report containing the infor-
mation required under Article 3(2) of Decision No 280/2004
on, firstly, national policies and measures which limit and/or
reduce greenhouse gas emissions by sources or enhance
removals by sinks, presented on a sectoral basis for each green-
house gas and, secondly, national projections of greenhouse gas
emissions by sources and their removal by sinks as a minimum
for the years 2005, 2010, 2015 and 2020, organised by gas
and by sector.

(1) OJ 2004 L 49, p. 1.

Action brought on 9 February 2007 — Commission of the
European Communities v French Republic

(Case C-67/07)

(2007/C 95/33)

Language of the case: French

Parties

— order the French Republic to pay the costs.

Pleas in law and main arguments

The period for transposing Directive 2004/24/EC expired on
30 October 2005.

(1) OJ 2004 L 136, p. 85.

Reference for a preliminary ruling from the Korkein
hallinto-oikeus (Finland) lodged on 12 February 2007 —
Tietosuojavaltuutettu

(Case C-73/07)

(2007/C 95/34)

Language of the case: Finnish

Referring court

Korkein hallinto-oikeus

Parties to the main proceedings

Appellant: Tietosuojavaltuutettu

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

Other parties: Satakunnan Markkinapörssi Oy and Satamedia Oy

Defendant: French Republic

Form of order sought

Questions referred

1. Is an operation in which data on the earned income, income

from capital and the wealth of natural persons are

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/24/EC of the European Parliament and of the Council
of 31 March 2004 amending, as regards traditional herbal
medicinal products, Directive 2001/83/EC on the Com-
munity code relating to medicinal products for human

a) collected from documents in the public domain held by

the tax authorities and processed for publication,

b) published alphabetically in a printed publication by
income bracket and municipality in the form of extensive
lists,