Case C-223/08: Action brought on 23 May 2008 — Commission of the European Communities v Grand Duchy of Luxembourg
Date: 2008-05-23
Institutions: Court of Justice
Subjects: Bulgaria, European Commission, Luxembourg, Romania, accession to the European Union, action for failure to fulfil an obligation, free movement of persons, national implementing measure

5.7.2008

EN

Official Journal of the European Union

C 171/29

Pleas in law and main arguments

Action brought on 23 May 2008 — Commission of the
European Communities v French Republic

The period for transposition of the directive expired on 5 August
2006. At the date of bringing this action, the defendant has not
yet taken the measures necessary to transpose the directive or,
in any event, has not informed the Commission of them.

(1) OJ L 261, p. 19.

(Case C-224/08)

(2008/C 171/46)

Language of the case: French

Action brought on 23 May 2008 — Commission of the
European Communities v Grand Duchy of Luxembourg

(Case C-223/08)

(2008/C 171/45)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: C. Huvelin, agent)

Defendant: French Republic

Form of order sought

— Declare that by not adopting the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2006/100/EC of 20 November 2006 adapting
certain Directives in the field of freedom of movement of
persons, by reason of
the accession of Bulgaria and
Romania (1) and, in any event, by not having informed the
Commission, the French Republic has failed to fulfil its obli-
gations under Article 2 of that directive;

— order the French Republic to pay the costs.

Parties

Pleas in law and main arguments

Applicant: Commission of the European Communities (repre-
sented by: C. Huvelin)

Defendant: Grand Duchy of Luxembourg

The period for transposition of Directive 2006/100/EC expired
on the date of accession of Bulgaria and Romania to the
European Union, namely 1 January 2007. At
the date of
bringing this action, the defendant had not taken the measures
necessary to transpose completely the directive, in particular in
respect of the medical professions, lawyers and architects.

Form of order sought

— Declare that by not adopting the laws regulations and
administrative provisions necessary to comply with Council
Directive 2006/100/EC of 20 November 2006 adapting
certain Directives in the field of freedom of movement of
persons, by reason of
the accession of Bulgaria and
Romania (1) and, in any event, by not having informed the
Commission, the Grand Duchy of Luxembourg has failed to
fulfil its obligations under Article 2 of that directive;

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

Pleas in law and main arguments

The period for transposition of Directive 2006/100/EC expired
on the date of accession of Bulgaria and Romania to the
European Union, namely 1 January 2007. At
the date of
bringing this action, no transposing measure had been adopted
or notified to the Commission by the defendant.

(1) OJ L 363, p. 141.

Order of the President of the Court of 28 November 2007
(reference for a preliminary ruling from the Juzgado de lo
Social no 3 Valladolid, Spain) — Vicente Pascual García v
Confederación Hidrográfica del Duero

(Case C-87/06) (1)

(2008/C 171/47)

Language of the case: Spanish

The President of
removed from the register.

the Court has ordered that

the case be

(1) OJ L 363, p. 141.

(1) OJ C 121, 20.5.2006.