Case C-239/08: Action brought on 2 June 2008 — Commission of the European Communities v Kingdom of Belgium
Date: 2008-06-02
Institutions: Court of Justice
Subjects: Belgium, Bulgaria, European Commission, Romania, accession to the European Union, action for failure to fulfil an obligation, free movement of persons, national implementing measure

C 183/16

EN

Official Journal of the European Union

19.7.2008

By its third complaint, the Commission states that despite the
positive legislative amendments effected by the defendant, the
requirement that a worker must have been in the service of the
same employer providing the services for at least six months
represents an unjustified restriction on the free provision of
services.

Action brought on 22 May 2008 — Commission of the
European Communities v Hellenic Republic

(Case C-220/08)

(2008/C 183/31)

Language of the case: Greek

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Condou-Durande, acting as Agent)

Defendant: Hellenic Republic

Form of order sought

— declare that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2004/83/EC (1) of 29 April 2004 on minimum
standards for the qualification and status of third country
nationals or stateless persons as refugees or as persons who
otherwise need international protection and the content of
the protection granted, or in any event by not notifying
those provisions to the Commission, the Hellenic Republic
has failed to fulfil its obligations under Article 38 of that
directive;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

The time-limit
domestic law expired on 10 October 2006.

for

transposition of Directive 2004/83 into

(1) OJ L 304, 30.9.2004, p. 12.

Action brought on 30 May 2008 — Commission of the
European Communities v Ireland

(Case C-234/08)

(2008/C 183/32)

Language of the case: English

Parties

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

Defendant: Ireland

The applicants claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2006/100/EC (1), 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, or in any event by failing to communicate them
to the Commission, Ireland has failed to fulfil its obligations
under the Directive,

— order Ireland to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 1 January 2007.

(1) OJ L 363, p. 141.

Action brought on 2 June 2008 — Commission of the
European Communities v Kingdom of Belgium

(Case C-239/08)

(2008/C 183/33)

Language of the case: French

Parties

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

Defendant: Kingdom of Belgium

19.7.2008

EN

Official Journal of the European Union

C 183/17

Form of order sought

— Declare that by failing to adopt all 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), or, in any event, by not informing the Commis-
sion thereof, the Kingdom of Belgium has failed to fulfil its
obligations under Article 2 of that directive;

— order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The time-limit for transposing Directive 2006/100/EC expired
on the date of accession of Bulgaria and Romania to the
European Union, namely on 1 January 2007. At the time the
action was brought, all the measures necessary to transpose the
directive had not yet been taken or communicated to the
Commission by the defendant.

Commission thereof, the Grand Duchy of Luxembourg has
failed to fulfil its obligations under that directive;

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

Pleas in law and main arguments

The time-limit for transposing Directive 2006/22/EC expired on
1 April 2007. At the time the action was brought, the defendant
had still not taken the measures necessary to transpose the
directive or, in any event, had not informed the Commission
thereof.

(1) OJ 2006 L 102, p. 35.

(1) OJ 2006 L 363. p. 141.

Action brought on 4 June 2008 — Commission of the
European Communities v Portuguese Republic

(Case C-245/08)

(2008/C 183/35)

Language of the case: Portuguese

Action brought on 2 June 2008 — Commission of the
European Communities v Grand Duchy of Luxembourg

(Case C-240/08)

(2008/C 183/34)

Parties

Applicant: Commission of the European Communities (repre-
sented by: P. Andrade and H. Støvlbæk, acting as Agents)

Defendant: Portuguese Republic

Language of the case: French

Form of order sought

Parties

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

Defendant: Grand Duchy of Luxembourg

Form of order sought

— Declare that by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Directive
2006/22/EC of the European Parliament and of the Council
of 15 March 2006 on minimum conditions for the imple-
mentation of Council Regulations (EEC) No 3820/85 and
(EEC) No 3821/85 concerning social legislation relating to
road transport activities and repealing Council Directive
88/599/EEC (1) or,
informing the

in any event, by not

— Declare that by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2006/100/EC (1) of 20 November 2006 adapting
certain Directives in the field of freedom of movement of
the accession of Bulgaria and
persons, by reason of
Romania, or, in any event, by not informing the Commis-
sion thereof, the Portuguese Republic has failed to fulfil its
obligations under Article 2 of that directive;

— order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The time-limit
1 January 2007.

for transposition of

the directive expired on

(1) OJ 2006 L 363, p. 141.