Case C-244/07: Action brought on 22 May 2007 — Commission of the European Communities v Grand Duchy of Luxembourg
Date: 2007-07-07
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, high-speed transport, national implementing measure, rail network, technical standard, trans-European network

C 155/16

EN

Official Journal of the European Union

7.7.2007

Action brought on 8 May 2007 — Commission of the
European Communities v Kingdom of the Netherlands

Form of order sought

(Case C-230/07)

(2007/C 155/30)

Language of the case: Dutch

Parties

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

— a declaration that, by failing to ensure in practice, to the
extent technically feasible, that information on the location
of callers, for all calls made to the European emergency
number 112, is made available to the authorities responsible
for handling emergencies, the Portuguese Republic has failed
its obligations under Article 26 (3) of Directive
to fulfil
2002/22/EC (1) of
the
Council of 7 March 2002 on universal service and users'
rights relating to electronic communications networks and
services (Universal Service Directive);

the European Parliament and of

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

Defendant: Kingdom of the Netherlands

Pleas in law and main arguments

Form of order sought

— declaration that the Kingdom of the Netherlands has failed
to fulfil
its obligations under Article 26(3) of Directive
2002/22/EC (1) by failing to ensure that, to the extent tech-
nically feasible, caller location information is made available
for calls to the European emergency call number ‘112’;

— order that the Kingdom of the Netherlands pay the costs.

The period prescribed for transposition of the directive into
domestic law expired on 24 July 2004.

(1) OJ 2002 L 108, p. 51.

Pleas in law and main arguments

Action brought on 22 May 2007 — Commission of the
European Communities v Grand Duchy of Luxembourg

The period prescribed for transposing Directive 2002/22/EC
into national law expired on 24 July 2003.

(1) Directive 2002/22/EC of

the
Council of 7 March 2002 on universal service and users' rights
and services
relating to electronic
(Universal Service Directive) (OJ L 108, 24.4.2002, p. 51).

the European Parliament and of

communications networks

(Case C-244/07)

(2007/C 155/32)

Language of the case: French

Action brought on 10 May 2007 — Commission of the
European Communities v Portuguese Republic

(Case C-234/07)

(2007/C 155/31)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Shotter and G. Braga da Cruz, Agents)

Defendant: Portuguese Republic

Parties

Applicant: Commission of the European Communities (repre-
sented by: P. Dejmek and N. Yerrell, Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought

— declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Directive
2004/50/EC of the European Parliament and of the Council
of 29 April 2004 amending Council Directive 96/48/EC on
the interoperability of
the trans-European high-speed rail
system and Directive 2001/16/EC of the European Parlia-
ment and of the Council on the interoperability of the trans-
European conventional rail system (1), the Grand Duchy of
Luxembourg has failed to fulfil its obligations under Article 4
of that directive;

7.7.2007

EN

Official Journal of the European Union

C 155/17

or in the alternative:

declare that, by failing to communicate to the Commission
the laws, regulations and administrative provisions necessary
to comply with Directive 2004/50/EC of
the European
Parliament and of the Council of 29 April 2004 amending
Council Directive 96/48/EC on the interoperability of the
system and Directive
trans-European high-speed
2001/16/EC of the European Parliament and of the Council
on the interoperability of the trans-European conventional
rail system, the Grand Duchy of Luxembourg has failed to
fulfil its obligations under Article 4 of that directive;

rail

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

Pleas in law and main arguments

The period for transposition of Directive 2004/50/EC expired
on 29 April 2006.

(1) OJ 2004 L 164, p. 114, and corrigendum OJ 2004 L 220, p. 40.

the Council on the interoperability of the trans-European
conventional
the Federal
system in national
Republic of Germany has failed to fulfil its obligations under
that directive;

law,

rail

— The Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

period

The
prescribed
2004/50/EC expired on 30 April 2006.

for

transposition

of Directive

(1) OJ 2004, L 116, p. 114.
(2) OJ 1996, L 235, p. 6.
(3) OJ 2001, L 110, p. 1.

Action brought on 24 May 2007 — Commission of the
European Communities v Hellenic Republic

Action brought on 22 May 2007 — Commission of the
European Communities v Germany

(Case C-245/07)

(2007/C 155/33)

Language of the case: German

Parties

(Case C-250/07)

(2007/C 155/34)

Language of the case: Greek

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

Parties

Defendant: Hellenic Republic

Applicant: Commission of the European Communities (repre-
sented by: G. Braun and P. Dejmek, acting as Agents)

Form of order sought

Defendant: Federal Republic of Germany

Form of order sought

— Declaration that, by failing to adopt within the prescribed
period or by not informing the Commission of the adoption
of all laws, regulations and administrative provisions neces-
sary in order to transpose Directive 2004/50/EC (1) of the
European Parliament and of the Council of 29 April 2004
amending Council Directive 96/48/EC (2) on the interoper-
ability of
the trans-European high-speed rail system and
Directive 2001/16/EC (3) of the European Parliament and of

— declare that, by not first publishing a call for competition
and by being unjustifiably tardy in replying to the complai-
nant's request that the reasons for the rejection of its tender
be explained, the Hellenic Republic has failed to fulfil
its
obligation, regarding a call for competition before a proce-
dure for the submission of tenders is embarked upon, under
Article 20(2) of Directive 93/38/EEC (1) of 14 June 1993
coordinating the procurement procedures of entities oper-
ating in the water, energy, transport and telecommunications
sectors and its obligation under Article 41(4) of Directive
93/38/EEC, as both interpreted by the case-law of the Court
of Justice of the European Communities;

— order the Hellenic Republic to pay the costs.