CELEX: C2004/059/34
Language: en
Date: 2004-03-06 00:00:00
Title: Case C-20/04: Action brought on 23 January 2004 by the Commission of the European Communities against the French Republic

C 59/20                 EN                        Official Journal of the European Union                                          6.3.2004
            —    § 1(1), § 3(1), § 35 and § 37 of the Muster-             —     order the Kingdom of Spain to pay the costs.
                 bauordnung do not contain any sufficiently
                 clear workplace or protection rules for sky-
                 lights, and
                                                                          Pleas in law and main arguments
            —    § 3(1) point 1, and § 20 of the Arbeitsstätten-
                 verordnung do not contain sufficiently binding
                 rules for loading ramps,
                                                                          The period prescribed for the transposition of the Directive
      b)    and also by failing to inform the Commission of the           into domestic law expired on 27 November 2002.
            amendment of the laws at issue, the Federal Republic
            of Germany has failed to fulfil its obligations under
            Articles 3 and 10 of Council Directive 89/654/                (1) OJ L 309 of 27.11.2001, p. 1.
            EEC (1) of 30 November 1989 concerning the mini-
            mum safety and health requirements for the work-
            place (first individual directive within the meaning
            of Article 16(1) of Directive 89/391/EEC).
2.    Order the Federal Republic of Germany to pay the costs
      of the proceedings.
                                                                          Action brought on 23 January 2004 by the Commission
                                                                          of the European Communities against the French Republic
Pleas in law and main arguments
                                                                                                   (Case C-20/04)
The period for implementing the directive expired on
31 December 1992 without the Federal Republic of Germany
having adopted the necessary provisions in order to comply                                         (2004/C 59/34)
with its obligations under Article 3 in conjunction with
Annex I, point 4.4, third sentence, point 10.1, first sentence,
point 10.2 and point 14.1 of the directive.
                                                                          An action against the French Republic was brought before the
(1 ) OJ 1989 L 393, p. 1.
                                                                          Court of Justice of the European Communities on 23 January
                                                                          2004 by the Commission of the European Communities,
                                                                          represented by W. Wils, acting as Agent, with an address for
                                                                          service in Luxembourg.
                                                                          The Commission of the European Communities claims that
Action brought on 21 January 2004 by the Commission                       the Court should:
of the European Communities against the Kingdom of
                               Spain
                                                                          1.    declare that by failing to adopt the laws, regulations
                           (Case C-17/04)                                       and administrative provisions necessary to comply with
                                                                                Commission Directive 2002/50/EC of 6 June 2003
                                                                                adapting to technical progress Council Directive 1999/
                           (2004/C 59/33)                                       36/EC on transportable pressure equipment (1), or, in any
                                                                                event, by failing to inform the Commission thereof, the
                                                                                French Republic has failed to fulfil its obligations under
An action against the Kingdom of Spain was brought before                       that directive;
the Court of Justice of the European Communities on 21 Janu-
ary 2004 by the Commission of the European Communities,                   2.    order the French Republic to pay the costs.
represented by Gregorio Valero Jordana of the Legal Service,
with an address for service in Luxembourg.
The applicant claims that the Court should:                               Pleas in law and main arguments
—     declare that, by failing to adopt the laws, regulations
      and administrative provisions necessary to comply with              The time-limit for transposition of the directive expired on
      Directive 2001/80/EC (1) of the European Parliament and             1 January 2003.
      of the Council of 23 October 2001 on the limitation of
      emissions of certain pollutants into the air from large
      combustion plants and in any event by failing to com-               (1) OJ 2002 L 149, p. 28.
      municate those measures to the Commission, the
      Kingdom of Spain has failed to fulfil its obligations under
      that directive;