Case C-184/08: Action brought on 29 April 2008 — Commission of the European Communities v Grand Duchy of Luxembourg
Date: 2008-04-29
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, free movement of goods, market approval, polishing and scouring preparations

C 158/14

EN

Official Journal of the European Union

21.6.2008

Questions referred

1. Is Article 3(1)(b) [of Regulation No 2201/2003] (1) to be
interpreted as meaning that, in a situation where the spouses
hold both the nationality of the State of the court seised and
the nationality of another Member State of the European
Union, the nationality of the State of the court seised must
prevail?

2. If the answer to Question 1 is in the negative, is that provi-
sion to be interpreted as referring, in a situation where the
spouses each hold dual nationality of the same two Member
States, to the more dominant of the two nationalities?

3. If the answer to Question 2 is in the negative, should it
therefore be considered that that provision offers the spouses
an additional option, allowing those spouses the choice of
seising the courts of either of the two States of which they
both hold the nationality?

(1) Council Regulation (EC) No 2201/2003 of 27 November 2003
concerning jurisdiction and the recognition and enforcement of judg-
ments in matrimonial matters and the matters of parental responsi-
bility, repealing Regulation (EC) No 1347/2000 (OJ 2003 L 338,
p. 1).

transpose Directive 2003/18/EC of the European Parliament
and of the Council of 27 March 2003 amending Council
Directive 83/477/EEC on the protection of workers from the
risks related to exposure to asbestos at work (1) or by not
communicating those provisions to the Commission, has
failed to fulfil its obligations under Article 2(1) of that direc-
tive.

— order the Republic of Austria to pay the costs.

Pleas in law and main arguments

The time limit for transposition of the directive expired on
15 April 2006.

(1) OJ 2003 L 97, p. 48.

Action brought on 29 April 2008 — Commission of the
European Communities v Grand Duchy of Luxembourg

Action brought on 29 April 2008 — Commission of the
European Communities v Republic of Austria

(Case C-181/08)

(2008/C 158/21)

Language of the case: German

Parties

(Case C-184/08)

(2008/C 158/22)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: V. Kreuschitz, Agent)

Defendant: Republic of Austria

Form of order sought

Applicant: Commission of the European Communities (repre-
sented by: P. Oliver and J.-B. Laignelot, acting as Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought

— Declare that by failing to adopt sanctions under Article 18
of Regulation (EC) No 648/2004 of the European Parliament
and of the Council of 31 March 2004 on detergents (1) or
by not informing the Commission thereof, the Grand Duchy
its obligations under
of Luxembourg has failed to fulfil
Article 18(1) and (2) of that regulation;

— declare that the Republic of Austria, by not adopting the
laws, regulations and administrative provisions necessary to

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

21.6.2008

EN

Official Journal of the European Union

C 158/15

Pleas in law and main arguments

Defendant: Kingdom of Belgium

According to Article 18 of Regulation No 648/2004,
the
Member States are to adopt, no later than 8 October 2005,
dissuasive, effective and proportionate sanctions for any infrin-
gement of that regulation and they are immediately to inform
the Commission thereof. At the date at which the present action
was brought,
the defendant had still not adopted sanctions
pursuant to the abovementioned article or, at least, had not
informed the Commission thereof.

(1) OJ 2004 L 104, p. 1.

Form of order sought

— Declare that by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Directive
2002/91/EC of the European Parliament and of the Council
of 16 December 2002 on the energy performance of build-
ings (1) or by not informing the Commission thereof, the
Kingdom of Belgium has failed to fulfil its obligations under
Article 15 of the Directive;

— Order the Kingdom of Belgium to pay the costs.

Action brought on 5 May 2008 — Commission of the
European Communities v Kingdom of Belgium

Pleas in law and main arguments

(Case C-187/08)

(2008/C 158/23)

Language of the case: French

Parties

for

time-limit

transposing the Directive 2002/91/EC
The
expired on 4 January 2006. At the date on which the present
action was brought, the defendant had still not adopted the
measures necessary to transpose the directive in regard to the
Walloon Region or, at least, had not informed the Commission
thereof.

Applicant: Commission of the European Communities (repre-
sented by: B. Schima and J.-B. Laignelot, acting as Agents)

(1) OJ 2003 L 1, p. 65.