Case C-549/08: Action brought on 10 December 2008 — Commission of the European Communities v Ireland
Date: 2008-12-10
Institutions: Court of Justice
Subjects: EU law, Ireland, action for failure to fulfil an obligation, customers, fine

7.3.2009

EN

Official Journal of the European Union

C 55/9

Questions referred

Pleas in law and main arguments

1. Is Article 25 of Annex I to the Agreement between the Euro-
pean Community and its Member States, of the one part,
and the Swiss Confederation, of the other, on the free move-
ment of persons (1) to be interpreted as meaning that the
obligation to treat as nationals for the purposes of the acqui-
immovable property applies only in relation to
sition of
natural persons, but not to companies?

2. If the first question is answered in the affirmative:

Do the provisions of the Wiener Ausländergrunderwerbsge-
setz (Viennese law on the purchase of real property by non-
nationals;
‘WrAuslGEG’) which in the case of acquisition of
immovable property by foreign companies as defined in
point 3 of Paragraph 2 of
the WrAuslGEG require the
production of a certificate attesting to exemption from the
to obtain authorisation (Paragraph 5(4) and
requirement
point 3 of Paragraph 3 of
the WrAuslGEG) constitute a
restriction on the free movement of capital (Article 56 EC)
permitted under Article 57(1) EC in relation to Switzerland
as a third country?

(1) OJ 2002 L 114, p. 6.

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

(1) OJ L 214, p. 29.
(2) OJ L 309, p. 15.

Action brought on 11 December 2008 — Commission of
the European Communities v Republic of Poland

(Case C-551/08)

(2009/C 55/15)

Language of the case: Polish

Action brought on 10 December 2008 — Commission of
the European Communities v Ireland

Applicant: Commission of the European Communities (repre-
sented by: N. Yerrell and M. Kaduczak, acting as Agents)

Parties

(Case C-549/08)

(2009/C 55/14)

Defendant: Republic of Poland

Language of the case: English

Form of order sought

Parties

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

Defendant: Ireland

— declare that, by not adopting the laws, regulations and
administrative provisions necessary to comply with Directive
2005/68/EC 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 Direc-
tives 98/78/EC and 2002/83/EC (1), and in any event by not
informing the Commission of the adoption of those provi-
sions, the Republic of Poland has failed to fulfil its obliga-
tions under Article 64 of that directive;

The applicant claims that the Court should:

— order the Republic of Poland to pay the costs.

— declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Directive
2006/70/EC (1) of 1 August 2006 laying down imple-
menting measures for Directive 2005/60/EC (2) of the Euro-
pean Parliament and of the Council as regards the definition
of a ‘politically exposed person’ and the technical criteria for
simplified customer due diligence and for exemption on
grounds of a financial activity conducted on an occasional
or very limited basis, or in any event by failing to communi-
cate 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 for transposition of Directive 2005/68/EC expired
on 10 December 2007.

(1) OJ L 323 of 9.12.2005, p. 1.