Case C-527/08: Action brought on 28 November 2008 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland
Date: 2008-11-28
Institutions: Court of Justice
Subjects: European Commission, Northern Ireland, United Kingdom, action for failure to fulfil an obligation, common ports policy, harbour installation, port administration, terrorism

C 19/20

EN

Official Journal of the European Union

24.1.2009

(ii) in holding that the Appellants' legal and procedural rights

Defendant: Portuguese Republic

had not been infringed.

(1) OJ L 317, p. 25.
(2) Council Directive 91/414/EEC of 15 July 1991 concerning the
placing of plant protection products on the market (OJ L 230, p. 1).

Action brought on 27 November 2008 — Commission of
the European Communities v Kingdom of Spain

(Case C-523/08)

(2009/C 19/35)

Language of the case: Spanish

Parties

Form of order sought

— a declaration that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2005/68/EC (1) of the European Parliament and of
the Council of 16 November 2005 on reinsurance and
amending Council Directives 73/239/EEC, 92/49/EEC as
well as Directives 98/78/EC and 2002/83/EC or, in any case,
by failing to communicate such provisions to the Commis-
sion, the Portuguese Republic has failed to fulfil its obliga-
tions under that Directive;

— an order that the Portuguese Republic should pay the costs.

Pleas in law and main arguments

The period allowed for transposition of the Directive expired on
10 December 2007.

Applicant: Commission of the European Communities (repre-
sented by M. Condou-Durande and M.-A. Rabanal Suárez,
Agents,)

(1) OJ 2005 L 323, p. 1.

Defendant: Kingdom of Spain

Form of order sought

— a declaration that the Kingdom of Spain, by failing to adopt
all the laws, regulations and administrative provisions neces-
sary to comply with Council Directive 2005/71/EC (1) on a
specific procedure for admitting third-country nationals for
in any case, by
the purposes of scientific research and,
failing to communicate such provisions to the Commission,
has failed to fulfil its obligations under that Directive;

— an order that the Kingdom of Spain should pay the costs.

Pleas in law and main arguments

The period allowed for the transposition into domestic law of
Directive 2005/71/EC expired on 12 October 2007.

(1) OJ 2005 L 289, p. 15.

Action brought on 28 November 2008 — Commission of
the European Communities v United Kingdom of Great
Britain and Northern Ireland

(Case C-527/08)

(2009/C 19/37)

Language of the case: English

Parties

Applicant: Commission of the European Communities (repre-
sented by: K. Simonsson, A.A. Gilly, Agents)

Defendant: United Kingdom of Great Britain and Northern
Ireland

Action brought on 1 December 2008 — Commission of
the European Communities v Portuguese Republic

The applicant claims that the Court should:

(Case C-524/08)

(2009/C 19/36)

Language of the case: Portuguese

Parties

the European Parliament and of

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2005/65/EC (1) of
the
Council of 26 October 2005 on enhancing port security, 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 obligations under the
Directive;

Applicant: Commission of the European Communities (repre-
sented by N. Yerrell and P. Guerra e Andrade, Agents)

— order United Kingdom of Great Britain and Northern Ireland

to pay the costs.

24.1.2009

EN

Official Journal of the European Union

C 19/21

Pleas in law and main arguments

Action brought on 2 December 2008 — Commission of
the European Communities v Portuguese Republic

The period within which the directive had to be transposed
expired on 15 July 2007.

(1) OJ L 310, p. 28.

(Case C-531/08)

(2009/C 19/39)

Language of the case: Portuguese

Action brought on 2 December 2008 — Commission of
the European Communities v Republic of Hungary

(Case C-530/08)

(2009/C 19/38)

Language of the case: Hungarian

Parties

Parties

Applicant: Commission of the European Communities (repre-
sented by P. Guerra e Andrade and P. Demjek, Agents)

Defendant: Portuguese Republic

Form of order sought

— a declaration that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Directive 2005/56/EC (1) of the European Parliament and of
the Council of 26 October 2005 on cross-border mergers of
in any case, by failing to
limited liability companies or,
communicate such provisions to the Commission, the Portu-
guese Republic has failed to fulfil its obligations under that
directive;

— an order that the Portuguese Republic should pay the costs.

Applicant(s): Commission of the European Communities (repre-
sented by: H. Støvlbaek and B. Béres, acting as Agent(s))

Pleas in law and main arguments

Defendant(s): Republic of Hungary

The period prescribed for the transposition of the Directive
expired on 15 December 2007.

Form of order sought

(1) OJ 2005 L 310, p. 1.

— Declare that by failing to adopt the laws, regulations and
administrative provisions necessary to implement Directive
2005/36/EC of the European Parliament and of the Council
of 7 September 2005 on the recognition of professional
qualifications (1) or, at least, by failing to communicate those
provisions to the Commission, the Republic of Hungary has
failed to fulfil its obligations under that directive.

— order the Republic of Hungary to pay the costs.

Action brought on 4 December 2008 — Commission of
the European Communities v Portuguese Republic

(Case C-543/08)

(2009/C 19/40)

Pleas in law and main arguments

Language of the case: Portuguese

The period prescribed for
2005/36/EC expired on 20 October 2007.

the implementation of Directive

Parties

(1) OJ 2005 L 255, p. 22.

Applicant: Commission of the European Communities (repre-
sented by G. Braun, P. Guerra e Andrade and M. Teles Romão,
Agents)

Defendant: Portuguese Republic