Case C-218/07: Action brought on 25 April 2007 — Commission of the European Communities v Federal Republic of Germany
Date: 2007-06-09
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, admission of aliens, foreign national, legal status, national implementing measure, residence permit, rights of aliens

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

9.6.2007

EN

Official Journal of the European Union

C 129/15

Form of order sought

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

its

under

obligations

— Declare that the Federal Republic of Germany has failed to
Directive
fulfil
2003/109/EC (1) of 25 November 2003 concerning the
status of third-country nationals who are long-term resi-
dents by not adopting the necessary legislative and adminis-
trative measures for the implementation of that directive, or
by failing to communicate such measures to the Commis-
sion;

Council

Pleas in law and main arguments

The prescribed period for implementing Directive 2003/109/EC
expired on 23 January 2006.

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