Case C-240/08: Action brought on 2 June 2008 — Commission of the European Communities v Grand Duchy of Luxembourg
Date: 2008-06-02
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, approximation of laws, national implementing measure, road transport, social legislation

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.