Case C-508/08: Action brought on 20 November 2008 — Commission of the European Communities v Republic of Malta
Date: 2008-11-20
Institutions: Court of Justice
Subjects: European Commission, Malta, action for failure to fulfil an obligation, freedom to provide services, invitation to tender, maritime transport, services of general interest

C 32/18

EN

Official Journal of the European Union

7.2.2009

Furthermore, the United Kingdom has not enacted legislation in
Wales which would make Review of Mineral Planning (‘ROMP’)
applications subject to the requirements of the directive.

In addition, the fact that this contract was concluded without a
prior open call for Community tenders, so as to ensure access
on a non-discriminatory basis in respect of all Community ship-
to the requirements of Regulation
owners,
No 3577/92.

runs counter

(1) Council Directive 85/337/EEC on the assessment of the effects of
certain public and private projects on the environment (OJ L 175,
p. 40).

(1) OJ 1992 L 364, p. 7.

Action brought on 20 November 2008 — Commission of
the European Communities v Republic of Malta

Action brought on 21 November 2008 — Commission of
the European Communities v Grand Duchy of Luxembourg

(Case C-508/08)

(2009/C 32/28)

Language of the case: Maltese

(Case C-509/08)

(2009/C 32/29)

Language of the case: French

Parties

Applicant: Commission of the European Communities (repre-
sented by: J. Aquilina, K. Simonsson, acting as Agents)

Parties

Defendant: Republic of Malta

Applicant: Commission of the European Communities (repre-
sented by: J. Sénéchal and I. Hadjiyiannis, acting as Agents)

Form of order sought

Defendant: Grand Duchy of Luxembourg

— declare that, by signing an exclusive public service contract
with ‘Gozo Channel Company Ltd’
(GCCL) on 16 April
2004, without having undertaken a prior call for tenders,
the Republic of Malta has failed to fulfil its obligations, in
particular under Articles 1 and 4 of Council Regulation
(EEC) No 3577/92 of 7 December 1992 applying the prin-
ciple of freedom to provide services to maritime transport
within Member States (maritime cabotage) (1);

— order the Republic of Malta to pay the costs.

Pleas in law and main arguments

So as to be able to conclude a public service contract for the
provision of cabotage services between Malta and Gozo, the
Maltese authorities have to demonstrate that such a contract is
necessary so as to impose those public service obligations that it
deems necessary to ensure an appropriate service for the above-
mentioned route, and that the contract is adequate in the light
of its aims.

While the Commission readily acknowledges that a satisfactory
service is paramount for the Malta-Gozo route, it states on the
other hand that the Maltese authorities have in no manner
provided this proof; in this sense, they have not even sought to
establish if one or more private operators were capable of
providing this service on the same conditions on a purely
commercial basis. In addition, they have not shown that the
exclusivity given to GCCL is an appropriate and adequate means
to achieve this end.

Form of order sought

the European Parliament and of

— Declare that by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2004/108/EC of
the
Council of 15 December 2004 on the approximation of the
the Member States relating to electromagnetic
laws of
compatibility and repealing Directive 89/336/EEC (1), and in
any event, by not communicating them to the Commission,
the Grand Duchy of Luxembourg has failed to fulfil its obli-
gations under that directive;

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

Pleas in law and main arguments

The period for transposing Directive 2004/108/EC expired on
20 January 2007. At the date the present action was brought,
the defendant had not yet adopted the necessary implementing
measures or, in any event, it had not yet communicated them to
the Commission.

(1) OJ 2004 L 390, p. 24.