Case C-546/08: Action brought on 9 December 2008 — Commission of the European Communities v Kingdom of Sweden
Date: 2008-12-09
Institutions: Court of Justice
Subjects: European Commission, Sweden, action for failure to fulfil an obligation, financial legislation, money laundering, terrorism

C 32/22

EN

Official Journal of the European Union

7.2.2009

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

Questions referred

(Case C-532/08)

(2009/C 32/37)

Language of the case: English

Parties

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

Defendant: Ireland

The applicant claims that the Court should:

the European Parliament and of

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2005/60/EC (1) of
the
Council of 26 October 2005 on the prevention of the use
of the financial system for the purpose of money laundering
and terrorist financing, or in any event by failing to commu-
nicate them to the Commission, Ireland has failed to fulfil its
obligations under the Directive;

— order Ireland to pay the costs.

Pleas in law and main arguments

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

1. Whether or not Article 6 of the EU Treaty, Article 3 of the
First Additional Protocol to the ECHR, implemented by Law
No 848 of 1955, Article 2 of Protocol No 4 to the ECHR,
and Article 25 of the International Covenant for Civil and
Political Rights, implemented by Law No 881 of 1977, are
to be interpreted as compatible with the regional rules laid
down in Articles 1c, 14a(13)(c), 15(3)(d), 16a(7)(a)
and 17b(4)(b) and (c) of Regional Law No 29 of 1951,
which exclude citizens who were not resident in Sicily at the
time at which nominations were put forward from eligibility
for election to the Sicilian Regional Assembly.

2. Whether Articles 17 EC and 18 EC (formerly Article 8A of
the EC Treaty) preclude or are compatible with the regional
rules referred to in paragraph 4.1.

Action brought on 9 December 2008 — Commission of
the European Communities v Kingdom of Sweden

(Case C-546/08)

(2009/C 32/39)

Language of the case: Swedish

(1) OJ L 309, p. 15.

Parties

Reference for a preliminary ruling from the Tribunale
Amministrativo Regionale per la Sicilia (Italy) lodged on
3 December 2008 — Maria Catena Rita Pignatoro v Ufficio
Centrale Circoscrizionale c/o Tribunale di Catania and
Others

(Case C-535/08)

(2009/C 32/38)

Language of the case: Italian

Applicant: Commission of the European Communities (repre-
sented by: P. Dejmek and M. Sundén, acting as Agents)

Defendant: Kingdom of Sweden

Form of order sought

— Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2005/60/EC of the European Parliament and of the Council
of 26 October 2005 (1) on the prevention of the use of the
financial system for the purpose of money laundering and
terrorist financing or, in any event, by failing to notify the
Commission thereof, the Kingdom of Sweden has failed to
fulfil its obligations under that directive;

— order the Kingdom of Sweden to pay the costs.

Referring court

Pleas in law and main arguments

Tribunale Amministrativo Regionale per la Sicilia

The time-limit for implementation of the Directive expired on
15 December 2007.

Parties to the main proceedings

Applicant: Maria Catena Rita Pignatoro

(1) OJ L 309, p. 15.

Defendants: Ufficio Centrale Circoscrizionale c/o Tribunale di
Catania and Others