Case C-367/08: Action brought on 11 August 2008 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
Date: 2008-08-11
Institutions: Court of Justice
Subjects: European Commission, United Kingdom, action for failure to fulfil an obligation, road transport, social legislation, working conditions

11.10.2008

EN

Official Journal of the European Union

C 260/11

Reference for a preliminary ruling from House of Lords
(United Kingdom) lodged on 5 August 2008 — Aventis
Pasteur SA v OB (by his mother and litigation friend) (FC)

(Case C-358/08)

(2008/C 260/19)

Language of the case: English

Question referred

Do Articles 43 and/or 49 EC preclude national legislation of
one Member State, such as the legislation in question, which
requires a self-employed person residing in that Member State to
register his vehicle there, although he carries on business almost
exclusively in a second Member State from a fixed establishment
that he owns there, and the vehicle is neither intended to be
substantially used in the first Member State on a permanent
basis, nor is in fact so used?

Referring court

House of Lords

Parties to the main proceedings

Applicant: Aventis Pasteur SA

Defendant: OB

Question referred

Is it consistent with the European Product Liability Directive (1)
for the laws of a Member State to allow substitution of a new
defendant to a claim brought under the Directive after the
10 year period for enforcing rights under Article 11 of the
Directive has expired in circumstances where the only person
named as a defendant
in proceedings instituted during the
10 year period was someone who does not fall within Article 3
of the Directive?

(1) Council Directive 85/374/EEC of 25 July 1985 on the approxima-
tion of the laws, regulations and administrative provisions of the
Member States concerning liability for defective products (OJ L 210,
p. 29).

Reference for a preliminary ruling from the Tribunal de
Première Instance d'Arlon (Belgium) lodged on 7 August
2008 — Marc Vandermeir v État Belge — SPF Finances

(Case C-364/08)

(2008/C 260/20)

Action brought on 11 August 2008 — Commission of the
European Communities v United Kingdom of Great Britain
and Northern Ireland

(Case C-367/08)

(2008/C 260/21)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell, Agent)

Defendant: United Kingdom of Great Britain and Northern
Ireland

The applicant claims that the Court should:

the European Parliament and of

— declare that, by failing to adopt all the laws, regulations and
administrative provisions necessary to comply with Directive
2006/22/EC (1) of
the
Council of 15 March 2006 on minimum conditions for the
implementation of Council Regulations (EEC) No 3820/85
and (EEC) No 3821/85 concerning social legislation relating
to road transport activities and repealing Council Directive
88/599/EEC, or in any event by failing to notify those provi-
sions to the Commission, the United Kingdom has failed to
fulfil its obligations under Article 16 of that Directive;

— order United Kingdom of Great Britain and Northern Ireland

Language of the case: French

to pay the costs.

Referring court

Tribunal de Première Instance d'Arlon

Parties to the main proceedings

Applicant: Marc Vandermeir

Defendant: État Belge — SPF Finances

Pleas in law and main arguments

The period within which the directive had to be transposed
expired on 1 April 2007.

(1) OJ L 102, p. 35.