Case C-283/08: Action brought on 27 June 2008 — Commission of the European Communities v Kingdom of the Netherlands
Date: 2008-06-27
Institutions: Court of Justice
Subjects: European Commission, Netherlands, action for failure to fulfil an obligation, advertising malpractice, consumer protection, domestic market, national implementing measure, restriction on competition

C 223/32

EN

Official Journal of the European Union

30.8.2008

the

judgment

Further,
of
to
Article 253 EC as regards the Commission's obligation to state
the reasons on which its decisions are based.

requirements

observe

fails

the

Finally, the Court of First Instance also wrongly applied Article 15(2)
of Regulation 17 when it failed to object to the Commission's
calculation of the fine, even though the Commission wrongly
assumed that there had been a serious infringement, failed to
take proper account of the sector specific regulation of the
appellant's charges and should not have imposed more than a
symbolic fine. In doing so, the Court of First Instance failed to
take into account,
in a legally correct manner, all relevant
factors and to deal to the requisite legal standard with the appel-
lant's arguments concerning cancellation or reduction of the
fine.

(1) OJ 2003 L 263, p. 9.

Pleas in law and main arguments

The period within which the directive had to be transposed into
national law expired on 12 June 2007.

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

Action brought on 27 June 2008 — Commission of the
European Communities v United Kingdom of Great Britain
and Northern Ireland

(Case C-284/08)

(2008/C 223/50)

Language of the case: English

Action brought on 27 June 2008 — Commission of the
European Communities v Kingdom of the Netherlands

Parties

(Case C-283/08)

(2008/C 223/49)

Language of the case: Dutch

Parties

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

Defendant: Kingdom of the Netherlands

Form of order sought

of

2005

11 May

concerning

the European Parliament and of

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2005/29/EC (1) of
the
Council
unfair
business-to-consumer commercial practices in the internal
market and amending Council Directive 84/450/EEC, Direc-
tives 97/7/EC, 98/27/EC and 2002/65/EC of the European
and Regulation (EC)
Parliament
the Council
and of
No 2006/2004 of
the
Council (‘Unfair Commercial Practices Directive’), or in any
event by failing to notify the Commission thereof,
the
Kingdom of the Netherlands has failed to fulfil its obliga-
tions under that directive;

the European Parliament and of

— order the Kingdom of the Netherlands to pay the costs.

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

Defendant: United Kingdom of Great Britain and Northern
Ireland

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2005/29/EC of the European Parliament and of the Council
of 11 May 2005 on unfair business-to-consumer commer-
cial practices in the internal market and amending 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 Regulation (EC) No 2006/2004 of the European Parlia-
ment and of
(‘Unfair Commercial Practices
Directive’) (1), or in any event by failing to communicate
them to the Commission, the United Kingdom of Great
Britain and Northern Ireland has failed to fulfil its obliga-
tions under the Directive in its territory of Gibraltar;

the Council

— order United Kingdom of Great Britain and Northern Ireland

to pay the costs.

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 12 June 2007.

(1) OJ L 149, p. 22.