Case C-293/08: Action brought on 2 July 2008 — Commission of the European Communities v Republic of Finland
Date: 2008-07-02
Institutions: Court of Justice
Subjects: European Commission, Finland, action for failure to fulfil an obligation, foreign national, national implementing measure, refugee, right of asylum, stateless person

C 223/34

EN

Official Journal of the European Union

30.8.2008

Form of order sought

— Declare that, by not drawing up an external emergency plan
for the measures to be taken outside establishments subject
to Article 9 of Council Directive 96/82/EC of 9 December
1996 on the control of major-accident hazards involving
dangerous substances (1), the Grand Duchy of Luxembourg
has failed to fulfil its obligations under Article 11(1)(c) of
that directive;

— order Grand Duchy of Luxembourg to pay the costs.

otherwise need international protection and the content of
the protection granted and (1),
in any event, by failing to
inform the Commission thereof, the Republic of Finland has
failed to fulfil its obligations under that directive.

— order Republic of Finland to pay the costs.

Pleas in law and main arguments

The time-limit
10 October 2006.

for transposition of

the directive expired on

Pleas in law and main arguments

(1) OJ L 304, p. 12.

The applicant claims that drawing up an emergency plan for the
measures to be taken outside establishments subject to Article 9
of Council Directive 96/82/EC is a fundamental requirement of
that directive. The Grand Duchy of Luxembourg has failed to
fulfil its obligations under the directive since it has not drawn
up such plans for eight operational establishments situated on
its territory.

(1) OJ 1997, L 10, p. 13.

Action brought on 2 July 2008 — Commission of the
European Communities v Republic of Finland

(Case C-293/08)

(2008/C 223/53)

Language of the case: Finnish

Parties

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

Defendant: Republic of Finland

Form of order sought

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
Directive 2004/83/EC of 29 April 2004 on minimum stan-
dards for
third country
nationals or stateless persons as refugees or as persons who

the qualification and status of

Reference for a preliminary ruling from the Cour d'appel
de Montpellier (France) lodged on 3 July 2008 — Ministère
public v Ignacio Pédro Santesteban Goicoechea

(Case C-296/08)

(2008/C 223/54)

Language of the case: French

Referring court

Cour d'appel de Montpellier

Parties to the main proceedings

Applicant: Ministère public

Defendant: Ignacio Pédro Santesteban Goicoechea

Questions referred

1. Does the failure of a Member State (in this case Spain) to
give notification under Article 31(2) of the Framework Deci-
sion of 13 June 2002 on the European arrest warrant and
the surrender procedures between Member States (1) of its
intention to continue to apply bilateral or multilateral agree-
ments preclude, by reason of the word ‘replace’ in Article 31
of that Framework Decision, that Member State from using
with another Member State (in this case France), which has
made a statement under Article 32 of the Framework Deci-
sion, procedures other than that of
the European arrest
warrant?