CELEX: C2007/183/32
Language: en
Date: 2007-08-04 00:00:00
Title: Case C-249/07: Action brought on 23 May 2007 — Commission of the European Communities v Kingdom of the Netherlands

4.8.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 183/19
            
         Action brought on 23 May 2007 — Commission of the European Communities v Kingdom of the Netherlands
   (Case C-249/07)
   (2007/C 183/32)
   Language of the case: Dutch
   Parties
   
      Applicant: Commission of the European Communities (represented by: M. Konstantinidis and S.B. Noë, acting as Agents)
   
      Defendant: Kingdom of the Netherlands
   Form of order sought
   
               —
            
            
               Declare that, by introducing a system of prior authorisation for oysters and mussels that come lawfully from other Member States, belong to species indigenous to the Netherlands and are intended to be planted in Netherlands coastal waters, the Kingdom of the Netherlands has failed to fulfil its obligations under Articles 28 and 30 EC;
            
         
               —
            
            
               order the Kingdom of the Netherlands to pay the costs.
            
         Pleas in law and main arguments
   The Netherlands legislation prohibiting the planting, without prior authorisation, of oysters and mussels originating from other Member States impedes intra-Community trade and market access for oysters and mussels from other Member States.
   This national rule cannot be justified.