Case C-331/08: Action brought on 18 July 2008 — Commission of the European Communities v Grand Duchy of Luxembourg
Date: 2008-07-18
Institutions: Court of Justice
Subjects: European Commission, Luxembourg, action for failure to fulfil an obligation, environmental liability, national implementing measure, polluter pays principle, pollution control measures, prevention of pollution

25.10.2008

EN

Official Journal of the European Union

C 272/9

Action brought on 18 July 2008 — Commission of the
European Communities v French Republic

Form of order sought

(Case C-330/08)

(2008/C 272/12)

Language of the case: French

Parties

— Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/35/CE of the European Parliament and of the Council
of 21 April 2004 on environmental liability with regard to
the prevention and remedying of environmental damage (1),
or in any event by failing to notify those provisions to the
Commission, the Grand Duchy of Luxembourg has failed to
fulfil its obligations under Article 19 of that directive;

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

Applicant: Commission of the European Communities (repre-
sented by: U. Wölker and G. Rozet, acting as Agents)

Pleas in law and main arguments

Defendant: French Republic

Form of order sought

period

prescribed

The
of Directive
2004/35/EC expired on 30 April 2007. At the date on which
the present action was brought,
the defendant had not yet
adopted the measures necessary for transposition.

transposition

for

— Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/35/CE of the European Parliament and of the Council
of 21 April 2004 on environmental liability with regard to
the prevention and remedying of environmental damage (1),
the French Republic has failed to fulfil its obligations under
Article 19 of that directive;

— order the French Republic to pay the costs.

(1) OJ L 143, p. 56.

Pleas in law and main arguments

Action brought on 18 July 2008 — Commission of the
European Communities v French Republic

period

prescribed

of Directive
The
2004/35/EC expired on 30 April 2007. At the date on which
the present action was brought,
the defendant had not yet
adopted the measures necessary for transposition.

transposition

for

(Case C-332/08)

(2008/C 272/14)

Language of the case: French

(1) OJ L 143, p. 56.

Action brought on 18 July 2008 — Commission of the
European Communities v Grand Duchy of Luxembourg

Parties

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

(Case C-331/08)

(2008/C 272/13)

Language of the case: French

Defendant: French Republic

Form of order sought

Parties

Applicant: Commission of the European Communities (repre-
sented by: U. Wölker and G. Rozet, acting as Agents)

— Declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Directive
2004/107/EC of
the
Council of 15 December 2004 relating to arsenic, cadmium,
mercury, nickel and polycyclic aromatic hydrocarbons in
ambient air (1), the French Republic has failed to fulfil
its
obligations under Article 10 of that directive;

the European Parliament and of

Defendant: Grand Duchy of Luxembourg

— order the French Republic to pay the costs.