Case C-206/07: Action brought on 19 April 2007 — Commission of the European Communities v Portuguese Republic
Date: 2007-06-09
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, blood transfusion, health control, national implementing measure, public health, quality standard, safety standard

9.6.2007

EN

Official Journal of the European Union

C 129/13

Pleas in law and main arguments

The appellant submits that the judgment of the Court of First
Instance is based on false and/or arbitrary premises in that it:

— Denies the appellant's autonomous interest

in his career

development report;

— Misrepresents the legislation on invalidity and the applica-

tion thereof;

— Denies the appellant judicial protection despite the unre-
solved issue of whether his invalidity is occupational or not;

Reference for a preliminary ruling from the Corte Suprema
di Cassazione (Italy) lodged on 13 April 2007 — Alfonso
Luigi Marra v Clemente Antonio

(Case C-201/07)

(2007/C 129/23)

Language of the case: Italian

— Makes a ruling on damages in disregard of the evolving

Referring court

realities of the appellant's situation.

Reference for a preliminary ruling from the Corte Suprema
di Cassazione (Italy) lodged on 12 April 2007 — Alfonso
Luigi Marra v Edoardo De Gregorio

(Case C-200/07)

(2007/C 129/22)

Language of the case: Italian

Referring court

Corte Suprema di Cassazione

Parties to the main proceedings

Applicant: Alfonso Luigi Marra

Defendant: Edoardo De Gregorio

Questions referred

1. In the event that a Member of the European Parliament
does not act by exercising the right granted to him under
Rule [6(3)] of the Rules of Procedure of the European Parlia-
ment (1) directly to request the President to defend privileges
and immunities, is the court before which a civil action is
pending in any event required to request the President to
waive immunity for the purposes of pursuing proceedings
and adopting a decision?

or

2. In the absence of a communication by the European Parlia-
ment that it intends to defend the immunities and privileges
of the Member concerned, may the court before which that
civil action is pending rule as to the existence or otherwise
of that privilege, regard being had to the specific circum-
stances of the case?

(1) OJ L 44, 15.2.2005, p. 1.

Corte Suprema di Cassazione

Parties to the main proceedings

Applicant: Alfonso Luigi Marra

Defendant: Antonio Clemente

Question referred

The questions are the same as those in Case C-200/07.

Action brought on 19 April 2007 — Commission of the
European Communities v Portuguese Republic

(Case C-206/07)

(2007/C 129/24)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (repre-
sented by: L. Pignatero and M. Afonso, acting as Agents)

Defendant: Portuguese Republic

Form of order sought

— A declaration that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
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
failing to communicate them to the Commission, the Portu-
guese Republic has failed to fulfil its obligations under that
directive;

— an order that the Portuguese Republic should pay the costs.

C 129/14

EN

Official Journal of the European Union

9.6.2007

Pleas in law and main arguments

Action brought on 25 April 2007 — Commission of the
European Communities v Federal Republic of Germany

The period prescribed for transposition of the directive into
domestic law expired on 8 February 2005.

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

(Case C-216/07)

(2007/C 129/26)

Language of the case: German

Action brought on 20 April 2007 — Commission of the
European Communities v Kingdom of Spain

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande and W. Bogensberger, acting as
Agent)

Parties

(Case C-210/07)

(2007/C 129/25)

Language of the case: Spanish

Parties

Applicant: Commission of the European Communities (repre-
sented by R. Vidal Puig and P. Dejmek, Agents)

Defendant: Kingdom of Spain

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with the
Directive 2004/49/EC (1) of the European Parliament and of
the Council of 29 April 2004 on safety on the Community's
railways and amending Council Directive 95/18/EC on the
licensing of railway undertakings and Directive 2001/14/EC
on the allocation of railway infrastructure capacity and the
levying of charges for the use of railway infrastructure and
safety certification (Railway Safety Directive), or in any event
by not communicating such measures to the Commission,
the Kingdom of Spain has failed to fulfil
its obligations
under Article 33 of that Directive;

— order the Kingdom of Spain to pay the costs.

Defendant: Federal Republic of Germany

Form of order sought

— declare that by failing to adopt the laws, regulations and
administrative provisions necessary to transpose 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 those provisions to the
Commission the Federal Republic of Germany has failed to
fulfil its obligations under the directive;

— order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

The period within which Directive 2003/110/EC had to be
transposed expired on 5 December 2005.

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

Action brought on 25 April 2007 — Commission of the
European Communities v Federal Republic of Germany

(Case C-218/07)

(2007/C 129/27)

Language of the case: German

Pleas in law and main arguments

The period prescribed for transposing Directive 2004/49/EC
into national law expired on 30 April 2006.

Parties

(1) OJ 2004 L 164, p. 44.

Applicant: Commission of the European Communities (repre-
sented by: M. Condou, W. Bogensberger, acting as Agents)

Defendant: Federal Republic of Germany