Case C-345/07: Action brought on 25 July 2007 — Commission of the European Communities v Hellenic Republic
Date: 2007-09-08
Institutions: Court of Justice
Subjects: Community certification, European Commission, Greece, action for failure to fulfil an obligation, charges for use of infrastructure, national implementing measure, rail transport, transport capacity, transport safety

C 211/30

EN

Official Journal of the European Union

8.9.2007

Pleas in law and main arguments

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

The period for transposing Directive 2002/73/EC expired on
5 October 2005.

(1) OJ 2002 L 269, p. 15.

(Case C-342/07)

(2007/C 211/58)

Language of the case: Greek

Action brought on 20 July 2007 — Commission of the
European Communities v Kingdom of Sweden

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

Parties

(Case C-341/07)

(2007/C 211/57)

Language of the case: Swedish

Parties

Defendant: Hellenic Republic

Form of order sought

— a declaration that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Directive
2002/91/EC (1) of
the
Council of 16 December 2002 on the energy performance
of buildings, or in any event by not informing the Commis-
sion of such measures, the Hellenic Republic has failed to
fulfil its obligations under that directive;

the European Parliament and of

— an order that the Hellenic Republic pay the costs.

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

Pleas in law and main arguments

Defendant: Kingdom of Sweden

The period prescribed for transposing Directive 2002/91/EC
into national law expired on 4 January 2006.

Form of order sought

(1) OJ L 1 of 4.1.2003, p. 65.

— Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/48/EC of the European Parliament and of the Council
of 29 April 2004 (1) on the enforcement of
intellectual
property rights or,
in any event, by failing to notify the
Commission thereof, the Kingdom of Sweden has failed to
fulfil its obligations under that directive;

— order the Kingdom of Sweden to pay the costs.

Pleas in law and main arguments

The period prescribed for
expired on 28 April 2006.

implementation of

the Directive

Parties

Action brought on 25 July 2007 — Commission of the
European Communities v Hellenic Republic

(Case C-345/07)

(2007/C 211/59)

Language of the case: Greek

(1) OJ 2004 L 157, p. 45.

Applicant: Commission of the European Communities (repre-
sented by: G. Zavvos and P. Dejmek)

Defendant: Hellenic Republic

8.9.2007

EN

Official Journal of the European Union

C 211/31

Form of order sought

Action brought on 25 July 2007 — Commission of the
European Communities v Hellenic Republic

the European Parliament and of

— a declaration that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Directive
2004/49/EC (1) 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 event by
the
such measures,
informing the Commission of
not
Hellenic Republic has failed to fulfil
its obligations under
that directive;

— an order that the Hellenic Republic pay the costs.

Pleas in law and main arguments

The period prescribed for transposing Directive 2004/49/EC
into national law expired on 30 April 2006.

(1) OJ L 164 of 30.4.2004, p. 44.

(Case C-346/07)

(2007/C 211/60)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: G. Zavvos and P. Dejmek)

Defendant: Hellenic Republic

Form of order sought

the European Parliament and of

— declaration that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Directive
2004/50/EC (1) of
the
Council of 29 April 2004 amending Council Directive
the trans-European
96/48/EC on the interoperability of
the
high-speed rail system and Directive 2001/16/EC of
the
European
on
and
interoperability of
rail
the trans-European conventional
system, or in any event by not informing the Commission
of such measures, the Hellenic Republic has failed to fulfil its
obligations under that directive;

the Council

Parliament

of

— an order that the Hellenic Republic pay the costs.

Pleas in law and main arguments

The period prescribed for transposing Directive 2004/50/EC
into national law expired on 30 April 2006.

(1) OJ L 164 of 30.4.2004, p. 114.