CELEX: C2004/071/32
Language: en
Date: 2004-03-20 00:00:00
Title: Case C-55/04: Action brought on 10 February 2004 by the Commission of the European Communities against the French Republic

C 71/18                EN                          Official Journal of the European Union                                        20.3.2004
—     order the Portuguese Republic to pay the costs of this               Action brought on 10 February 2004 by the Commission
      action.                                                              of the European Communities against the French Republic
                                                                                                    (Case C-55/04)
Pleas in law and main arguments
                                                                                                    (2004/C 71/32)
The Portuguese rule in Article 508 of the Civil Code, which
provides, essentially in so far as it deals with strict liability, for
maximum amounts of compensation which are lower than
the minimum guarantee amounts laid down in the Second                      An action against the French Republic was brought before the
Compulsory Motor Insurance Directive, is incompatible with                 Court of Justice of the European Communities on 10 February
that Directive.                                                            2004 by the Commission of the European Communities,
                                                                           represented by A. Borde, acting as Agent, with an address for
                                                                           service in Luxembourg.
(1) OJ L 8 of 11.1.1984, p. 17.
                                                                           The Commission of the European Communities claims that
                                                                           the Court should:
                                                                           1.    declare that, by failing to adopt the laws, regulations
                                                                                 and administrative provisions necessary to comply with
Action brought on 10 February 2004 by the Commission                             Council Directive 2002/11/EC of 14 February 2002 on
of the European Communities against the Republic of                              the marketing of material for the vegetative propagation
                                Austria                                          of the vine and repealing Directive 74/649/EEC (1), and
                                                                                 in any event by failing to notify them to the Commission,
                           (Case C-54/04)                                        the French Republic has failed to fulfil its obligations
                                                                                 under that directive;
                           (2004/C 71/31)
                                                                           2.    order the French Republic to pay the costs
An action against the Republic of Austria was brought
before the Court of Justice of the European Communities on                 Pleas in law and main arguments
10 February 2004 by the Commission of the European
Communities, represented by Ulrich Wölker and Gregorio
Valero Jordana, acting as Agents, with an address for service in           The period prescribed for the transposition of that directive
Luxembourg.                                                                expired on 23 February 2003.
The applicant claims that the Court should:
                                                                           (1) OJ 2002 L 53, p. 20.
1.    declare that, by failing to adopt the laws, regulations
      and administrative measures necessary to comply with
      Directive 2001/80/EC of the European Parliament and of
      the Council of 23 October 2001 on the limitation of
      emissions of certain pollutants into the air from large
      combustion plants (1), or, in any event, by failing to
      inform the Commission thereof, the Republic of Austria
      has failed to fulfil its obligations under that directive;           Action brought on 11 February 2004 by the Commission
                                                                           of the European Communities against the French Republic
2.    order the Republic of Austria to pay the costs.
                                                                                                    (Case C-59/04)
Pleas in law and main arguments                                                                     (2004/C 71/33)
The period for transposition of the directive expired on
27 November 2002.
                                                                           An action against the French Republic was brought before the
                                                                           Court of Justice of the European Communities on 11 February
(1) OJ 2001 L 309, p. 1.                                                   2004 by the Commission of the European Communities,
                                                                           represented by K. Banks, acting as Agent, with an address for
                                                                           service in Luxembourg.