Case C-422/07: Action brought on 13 September 2007 — Commission of the European Communities v Kingdom of Spain
Date: 2007-11-24
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, chemical product, research body, testing

24.11.2007

EN

Official Journal of the European Union

C 283/19

Pleas in law and main arguments

The digital broadcasting licences
issued by the Swedish
Government are State measures which, inter alia, regulate the use
of digital broadcasting services and thus indirectly the supply of
such services in the Kingdom of Sweden. The requirement in
the currently valid licences that the licence holder is to comply
with section 2 of the cooperation agreement indirectly gives the
State company Boxer a monopoly for access control services
(including encryption), contrary to Article 2(1) of the Competi-
tion Directive. The retention of the obligation to comply with
that section of the cooperation agreement thus prevents under-
takings interested in offering a complete range of digital broad-
casting services from enjoying the rights which Article 2(2) and
(3) is intended to guarantee to them. The Commission therefore
notes that Sweden has failed correctly to implement the Compe-
tition Directive in its national legal order with regard to digital
transfer and broadcasting services over the terrestrial network.

(1) OJ 2002 L 249, p. 21.

principles of good laboratory practice on the part of the labora-
tories carrying out tests on industrial chemicals. Neither has any
authority been designated in Spain as responsible for the verifi-
cation of the compliance with the principles of good laboratory
practice on the part of those aforementioned laboratories or, in
any case, the name of that authority has not been communi-
cated to the Commission.

Consequently it can be stated that the Kingdom of Spain has
proceeded without adopting the necessary measures for the veri-
fication of compliance of good laboratory practice relating to
inspections and study checks in the industrial chemical products
sector as intended in Article 3 of the Directive.

(1) OJ L 50, 20.2.2004, p. 44.

Action brought on 13 September 2007 — Commission of
the European Communities v Federal Republic of Germany

Action brought on 13 September 2007 — Commission of
the European Communities v Kingdom of Spain

(Case C-422/07)

(2007/C 283/34)

Language of the case: Spanish

Parties

(Case C-424/07)

(2007/C 283/35)

Language of the case: German

Parties

Applicant: Commission of the European Communities (repre-
sented by: S. Pardo Quintillán and D. Recchia, Agents)

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

Defendant: Federal Republic of Germany

Defendant: Kingdom of Spain

Forms of order sought

— Declare that, by not adopting the necessary measures for
verification of compliance with good laboratory practice in
relation to inspections and study checks in the industrial
chemical substances sector, the Kingdom of Spain has failed
its obligations under Article 3 of Directive
to fulfil
2004/10/EC (1) of
the
Council of 11 February 2004 on the harmonisation of laws,
regulations and administrative provisions relating to the
application of the principles of good laboratory practice and
the verification of their applications for tests on chemical
substances

the European Parliament and of

— Order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The Commission has no evidence that the necessary measures
have been adopted in Spain for study checks in accordance with

Form of order sought

— declare that, with the provisions made in paragraphs 3
No 12(b) and 9(a) of the German Law on Telecommunica-
tions (Telekommunikationsgesetz — ‘TKG’), newly inserted
into the TKG by the Law amending the laws governing tele-
communications of 18 February 2007, the Federal Republic
of Germany has infringed Articles 6, 7, 15(3), 16 and 8(1)
and (2) of Directive 2002/21/EC of the European Parliament
and of the Council of 7 March 2002 on a common regula-
tory framework for electronic communications networks
and services (1), Article 8(4) of Directive 2002/19/EC of the
European Parliament and of the Council of 7 March 2002
on access to, and interconnection of, electronic communica-
tions networks and associated facilities (2), as well as
Article 17(2) of Directive 2002/22/EC of
the European
Parliament and of the Council of 7 March 2002 on universal
service and users' rights relating to electronic communica-
tions networks and services (3);

— order the Federal Republic of Germany to pay the costs.