CELEX: C2004/300/47
Language: en
Date: 2004-12-04 00:00:00
Title: Judgment of the Court (Sixth Chamber) of 21 October 2004 in Case C-477/03: Commission of the European Communities v Federal Republic of Germany (Failure of a Member State to fulfil obligations — Directives 2001/12/EC, 2001/13/EC and 2001/14/EC — Community railways — Development — Licensing of railway undertakings — Allocation of capacity, infrastructure charges and safety certification — Failure to transpose within the prescribed period)

4.12.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 300/23
            
         
      JUDGMENT OF THE COURT
   
   (Sixth Chamber)
   of 21 October 2004
   in Case C-477/03: Commission of the European Communities v Federal Republic of Germany (1)
   
   (Failure of a Member State to fulfil obligations - Directives 2001/12/EC, 2001/13/EC and 2001/14/EC - Community railways - Development - Licensing of railway undertakings - Allocation of capacity, infrastructure charges and safety certification - Failure to transpose within the prescribed period)
   (2004/C 300/47)
   Language of the case: German
   In Case C-477/03: action under Article 226 EC for failure to fulfil obligations brought on 17 November 2003 by Commission of the European Communities (Agents: C. Schmidt and W. Wils) against Federal Republic of Germany (Agents: W.-D. Plessing and M. Lumma) — the Court (Sixth Chamber), composed of: A. Borg Barthet, President of the Chamber, J.-P. Puissochet and U. Lõhmus (Rapporteur), Judges; Advocate General: P. Léger; Registrar: R. Grass, has given a judgment on 21 October 2004, in which it:
   
               1.
            
            
               Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2001/12/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 91/440/EEC on the development of the Community's railways, Directive 2001/13/EC of the European Parliament and of the Council of 26 February 2001 amending Council Directive 95/18/EC on the licensing of railway undertakings, and Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification, the Federal Republic of Germany has failed to fulfil its obligations under those Directives;
            
         
               2.
            
            
               Orders the Federal Republic of Germany to pay the costs.
            
         
      (1)  OJ C 21 of 24.1.2004.