Case C-272/08: Action brought on 24 June 2008 — Commission of the European Communities v Kingdom of Spain
Date: 2008-06-24
Institutions: Court of Justice
Subjects: European Commission, Spain, action for failure to fulfil an obligation, aid to refugees, foreign national, refugee, right of asylum, social status, stateless person

15.8.2008

EN

Official Journal of the European Union

C 209/35

participate in the decision-making procedures referred to in
Article 6(4) in respect of projects which may have significant
effects on the environment in the area where the association
is active but do not have a right of appeal such as is referred
to in Article 10a?

(1) Council Directive 85/337/EEC of 27 June 1985 on the assessment of
the effects of certain public and private projects on the environment
(OJ 1985 L 175, p. 40).

Action brought on 24 June 2008 — Commission of the
European Communities v Republic of Hungary

(Case C-270/08)

(2008/C 209/53)

Language of the case: Hungarian

Action brought on 19 June 2008 — Commission of the
European Communities v Kingdom of Spain

(Case C-266/08)

(2008/C 209/52)

Language of the case: Spanish

Parties

Applicant: Commission (represented by: M. Condou-Durande
and E. Adsera Ribera, acting as Agents)

Defendant: Kingdom of Spain

Form of order sought

— Declare that the Kingdom of Spain, by not adopting the
laws, regulations and administrative provisions necessary to
transpose Council Directive 2004/81/EC (1) of 29 April
issued to third-country
2004 on the residence permit
nationals who are victims of trafficking in human beings or
who have been the subject of an action to facilitate illegal
immigration, who cooperate with the competent authorities
and, in any event, by not communicating those provisions
to the Commission, has failed to fulfil its obligations under
Article 17 of that directive;

— Order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The time limit
expired on 5 August 2006.

for

transposition of Directive 2004/81/EC

(1) OJ 2004 L 261, p. 19.

Parties

Applicant: Commission of the European Communities (repre-
sented by: W. Wils and V. Bottka, acting as Agents)

Defendant: Republic of Hungary

Form of order sought

and

— Declare that the Republic of Hungary has failed to fulfil its
obligations under Directive 2005/29/EC of
the European
Parliament and of the Council of 11 May 2005 concerning
unfair business-to-consumer commercial practices in the
internal market
Council Directive
84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC
of the European Parliament and of the Council and Regu-
lation (EC) No 2006/2004 of the European Parliament and
of the Council (1), by failing to adopt the laws, regulations
and administrative provisions necessary to comply with that
directive and, in any event, by failing to communicate them
to the Commission;

amending

— order the Republic of Hungary to pay the costs.

Pleas in law and main arguments

The period for transposition of the directive into national law
expired on 12 June 2007.

(1) OJ 2005 L 149, p. 22.

Action brought on 24 June 2008 — Commission of the
European Communities v Kingdom of Spain

(Case C-272/08)

(2008/C 209/54)

Language of the case: Spanish

Parties

Applicant: Commission (represented by: M. Condou-Durande
and E. Adsera Ribera, acting as Agents)

Defendant: Kingdom of Spain

C 209/36

EN

Official Journal of the European Union

15.8.2008

Form of order sought

— Declare that the Kingdom of Spain, by not adopting the
laws, regulations and administrative provisions necessary to
transpose 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 and, in any event, by
not communicating those provisions to the Commission,
has failed to fulfil its obligations under Article 38 of that
directive.

— Order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

The time limit for transposition of the directive expired on
10 October 2006.

(1) OJ 2004 L 304, p. 12.

Article 6(1), (2) and (3), Article 7(1) and (2) and Article 8(1)
and (2) of Directive 2001/81/EC of the European Parliament
and of the Council of 23 October 2001 on national emis-
sion ceilings for certain atmospheric pollutants (1);

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

Pleas in law and main arguments

The Commission submits that the Grand Duchy of Luxembourg
has failed to communicate, within the time-limits prescribed in
Directive 2001/81/EC, three types of document concerning the
establishment of national emission ceilings for sulphur dioxide
(SO2), nitrogen oxides (NOX), volatile organic compounds (VOC)
and ammonia (NH3).

First, the defendant failed to fulfil
its obligation, set out in
Article 6(1), (2) and (3) of the directive, to draw up programmes
for the progressive reduction of national emissions of the afore-
mentioned pollutants.

the

the defendant did not comply,

in
Secondly and thirdly,
same pollutants, with the provisions of
respect of
Article 7(1) and (2) concerning the preparation and annual
updating of
the national emission inventories and emission
projections for 2010.

Action brought on 25 June 2008 — Commission of the
European Communities v Grand Duchy of Luxembourg

it failed to fulfil

Finally,
its obligation to communicate these
three types of document to the Commission within the time-
limits prescribed in Article 8(1) and (2) of the directive.

(Case C-273/08)

(2008/C 209/55)

Language of the case: French

(1) OJ 2001 L 309, p. 22.

Parties

Action brought on 27 June 2008 — Commission of the
European Communities v Grand Duchy of Luxembourg

Applicant: Commission of the European Communities (repre-
sented by: G. Rozet and A. Alcover San Pedro, Agents)

Defendant: Grand Duchy of Luxembourg

Form of order sought

(Case C-282/08)

(2008/C 209/56)

Language of the case: French

— declare that, by failing to communicate to the Commission
of the European Communities its programmes for the reduc-
tion of national emissions of sulphur dioxide (SO2), nitrogen
oxides
(VOC) and
ammonia (NH3),
its national emission inventories of SO2,
NOX, VOC and NH3, and its annual projections for SO2,
NOX, VOC and NH3
the Grand Duchy of
for 2010,
its obligations under
failed to fulfil
Luxembourg has

(NOX), volatile organic

compounds

Parties

Applicant: Commission of the European Communities (repre-
sented by: W. Roels and W. Wils, Agents)

Defendant: Grand Duchy of Luxembourg