Case C-249/07: Action brought on 23 May 2007 — Commission of the European Communities v Kingdom of the Netherlands
Date: 2007-08-04
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, intra-EU trade, market access, shellfish farming, trade restriction

4.8.2007

EN

Official Journal of the European Union

C 183/19

Pleas in law and main arguments

The appellant maintains that the contested order should be set
aside on the following grounds:

The Court of First Instance erred in law in failing to seek out
evidence by means of measures of instruction or inquiry for the
opening of the archives of not only EPSO but also of the Euro-
pean Community Representation in Cyprus and/or the Commis-
sion in general;

As a result of the CFI's omission, the Respondents did not
relevant correspondence between the European
disclose all
Community Representation in Cyprus and/or the Commission
and/or EPSO. Therefore the appellant's rights regarding a fair
hearing were infringed during the proceedings before the CFI.

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

(Case C-246/07)

(2007/C 183/31)

Language of the case: Swedish

that Sweden was aware that

divided. Sweden acted unilaterally with regard to PFOS despite
the fact
the Community was
engaged in drafting legislation which included that substance.
Sweden's action meant that the Community and Member States
could not
to the
Stockholm Convention. Thus Sweden has failed to fulfil its obli-
gations under Articles 10 EC and 300(1) EC.

jointly present proposals

for additions

Action brought on 23 May 2007 — Commission of the
European Communities v Kingdom of the Netherlands

(Case C-249/07)

(2007/C 183/32)

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Konstantinidis and S.B. Noë, acting as Agents)

Defendant: Kingdom of the Netherlands

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Valero Jordana and C. Tufvesson, acting as Agents)

Form of order sought

Defendant: Kingdom of Sweden

Form of order sought

— Declare that, by proposing unilaterally that a substance,
PFOS (perfluorooctane sulphate), be added to Annex A to
the Stockholm Convention on persistent organic pollutants,
the Kingdom of Sweden has failed to fulfil its obligations
under Article 10 EC and Article 300(1) EC;

— order the Kingdom of Sweden to pay the costs.

Pleas in law and main arguments

Sweden has proposed unilaterally that a substance, PFOS
(perfluorooctane sulphate), be added to Annex A to the
Stockholm Convention on persistent organic pollutants.

The Commission claims that Sweden's unilateral proposal of
the EC's international representation was
PFOS meant

that

— Declare that, by introducing a system of prior authorisation
for oysters and mussels that come lawfully from other
to the
Member States, belong to species
Netherlands and are intended to be planted in Netherlands
coastal waters, the Kingdom of the Netherlands has failed to
fulfil its obligations under Articles 28 and 30 EC;

indigenous

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

Pleas in law and main arguments

The Netherlands legislation prohibiting the planting, without
prior authorisation, of oysters and mussels originating from
other Member States
intra-Community trade and
market access for oysters and mussels from other Member
States.

impedes

This national rule cannot be justified.