Case C-245/07: Action brought on 22 May 2007 — Commission of the European Communities v Germany
Date: 2007-07-07
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, high-speed transport, national implementing measure, rail network, technical standard, trans-European network

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.