Case C-294/07: Action brought on 19 June 2007 — Commission of the European Communities v Grand Duchy of Luxembourg
Date: 2007-09-08
Institutions: Court of Justice
Subjects: EU visa policy, European Commission, European citizenship, Luxembourg, action for failure to fulfil an obligation, foreign national, freedom of movement, residence permit

C 211/18

EN

Official Journal of the European Union

8.9.2007

In the alternative:

2. order the Kingdom of Belgium to pay the costs.

declare that, by failing to notify the Commission of the laws,
and administrative provisions necessary to
regulations
comply with Directive 2004/17/EC of the European Parlia-
ment and of the Council of 31 March 2004 coordinating the
procurement procedures of entities operating in the water,
energy, transport and postal services sectors, the Kingdom of
Belgium has failed to fulfil its obligations under Article 71 of
that directive;

2. order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

period

The
prescribed
2004/18/EC expired on 31 January 2006.

for

transposition

of Directive

(1) OJ L 134, p. 114.

period

The
prescribed
2004/17/EC expired on 31 January 2006.

for

transposition

of Directive

(1) OJ 2004 L 134, p. 1.

Action brought on 19 June 2007 — Commission of the
European Communities v Grand Duchy of Luxembourg

(Case C-294/07)

(2007/C 211/35)

Language of the case: French

Action brought on 15 June 2007 — Commission of the
European Communities v Kingdom of Belgium

(Case C-292/07)

(2007/C 211/34)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: D. Maidani, Agent, acting as Agent)

Defendant: Grand Duchy of Luxembourg

Parties

Form of order sought

Applicant: Commission of the European Communities (repre-
sented by: B. Stromsky and D. Kukovec, acting as Agents)

Defendant: Kingdom of Belgium

Form of order sought

1. Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/18/EC of the European Parliament and of the Council
of 31 March 2004 on the coordination of procedures for the
award of public works contracts, public supply contracts and
public service contracts (1),
the Kingdom of Belgium has
failed to fulfil its obligations under Article 80 of that direc-
tive;

In the alternative:

declare that, by failing to notify the Commission of the laws,
regulations
and administrative provisions necessary to
comply with Directive 2004/18/EC of the European Parlia-
ment and of the Council of 31 March 2004 on the coordina-
tion of procedures for the award of public works contracts,
public supply contracts and public service contracts,
the
Kingdom of Belgium has failed to fulfil its obligations under
Article 80 of that directive;

— Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/38/EC of the European Parliament and of the Council
of 29 April 2004 on the right of citizens of the Union and
their family members to move and reside freely within the
territory of the Member States amending Regulation (EEC)
64/221/EEC,
No
68/360/EEC,
75/34/EEC,
75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (1),
the Grand Duchy of Luxembourg has failed to fulfil its obli-
gations under Article 40 of that directive;

repealing Directives
73/148/EEC,

and
72/194/EEC,

1612/68

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

Pleas in law and main arguments

The period for the transposition of Directive 2004/38/EC into
domestic law expired on 29 April 2006.

(1) OJ 2004 L 158, p. 77 and corrigenda — OJ 2004 L 229, p. 35 and

OJ 2005 L 197, p. 34.