Case C-273/08: Action brought on 25 June 2008 — Commission of the European Communities v Grand Duchy of Luxembourg
Date: 2008-06-25
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, air quality, atmospheric pollutant, pollution, pollution control, reduction of gas emissions

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