do-me/EUR-LEX huggingface dataset:
Case C-297/11: Action brought on 14 June 2011 — European Commission v Hellenic Republic
Date: 2011-06-14
Institutions: Court of Justice
Subjects: Greece, infringement of EU law, inland waterway








C_2011238EN.01001101.xml










13.8.2011   


EN


Official Journal of the European Union


C 238/11





Action brought on 14 June 2011 — European Commission v Hellenic Republic
(Case C-297/11)
2011/C 238/16
Language of the case: Greek

Parties


Applicant: European Commission (represented by: I. Chatzigiannis and A. Margelis, Agents)

Defendant: Hellenic Republic

Form of order sought

The Commission requests that the Court:






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declare that the Hellenic Republic, by not having produced river basin management plans (either for those river basin districts falling wholly within its territory or for international river basin districts) by 22 December 2009, and by not having sent copies of the river basin management plans to the Commission by 22 March 2010, failed to fulfil its obligations under Articles 13(1), (2), (3) and (6) and 15(1) of Directive 2000/60/EC (1) of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy. Further, by not having commenced a procedure for public information and the related consultations in connection with the draft river basin management plans by 22 December 2008, the Hellenic Republic failed to fulfil its obligations under Article 14(1)(c) of that directive;










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order the Hellenic Republic to pay the costs.





Pleas in law and main arguments

First, under Articles 13(1), (2), (3) and (6) and 15(1) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, Member States were obliged to produce, by 22 December 2009, river basin management plans (either for those river basin districts falling wholly within their territory or for international river basin districts) and to send copies of those plans to the Commission by 22 March 2010.
On the information currently provided by the Hellenic Republic to the Commission it appears that the Hellenic Republic has not yet produced any river basin management plan (either for those river basin districts falling wholly within its territory or for international river basin districts) and consequently has not sent any copy to the Commission. The Commission therefore considers that the Hellenic Republic failed to fulfil both its obligations under Article 13(1), (2), (3) and (6) of the directive and its obligations under Article 15(1) of the directive.
Secondly, under Article 14(1)(c) of the directive, Member States were obliged to make available the draft river basin management plans for public consultation by no later than 22 December 2008.
On the information currently provided by the Hellenic Republic to the Commission, it appears that the procedure concerned has not yet commenced. The Commission therefore considers that the Hellenic Republic failed to fulfil its obligations under Article 14(1)(c) of the directive.


(1)  OJ 2000 L 327, p. 1
Case C-296/11: Action brought on 14 June 2011 — European Commission v French Republic
Date: 2011-06-14
Institutions: Court of Justice
Subjects: France, VAT, basis of tax assessment, infringement of EU law, provision of services, tax exemption, travel agency








C_2011252EN.01001903.xml










27.8.2011   


EN


Official Journal of the European Union


C 252/19





Action brought on 14 June 2011 — European Commission v French Republic
(Case C-296/11)
2011/C 252/36
Language of the case: French

Parties


Applicant: European Commission (represented by: C. Soulay and L. Lozano Palacios, acting as Agents)

Defendant: French Republic

Form of order sought







—


Declare that, by applying the special scheme for travel agencies to services supplied to persons other than travellers (in particular to other travel agencies), the French Republic has failed to fulfil its obligations under Articles 306 to 310 of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax; (1)











—


order the French Republic to pay the costs.





Pleas in law and main arguments

The Commission raises a single plea in law in support of its action, alleging the wrongful application of the special scheme for travel agencies to services supplied to persons other than travellers. In that regard, it points out that the scheme applies only where the travel service is sold to a traveller. However, it is not applicable to services supplied by travel agencies to other travel agencies or to tour operators. Having regard to the wording of the provisions of the Code général des impôts (General Tax Code) which refer to a ‘client’ rather than a ‘traveller’, the defendant uses an approach based on the ‘client’ and thus applies the special scheme for travel agencies broadly.
The Commission also rejects the argument advanced by the French authorities that the French legislation enables the objectives pursued by the special scheme, namely the simplification of travel agencies’ administrative formalities and the attribution of VAT revenue to the Member State in which the end consumption of each individual service took place, to be better achieved.


(1)  OJ 2006 L 347, p. 1.