CELEX: C2001/045/22
Language: en
Date: 2001-02-10 00:00:00
Title: Case C-450/00: Action brought on 6 December 2000 by the Commission of the European Communities against the Grand Duchy of Luxembourg

10.2.2001              EN                     Official Journal of the European Communities                                      C 45/11
Pleas in law and main arguments                                          Pleas in law and main arguments
—     Infringement of Community law, in particular Article 33
      of the Statute of the Court of Justice:                            The pleas in law and main arguments are similar to those
                                                                         advanced in Case C-443/00 (2).
      —     error of law and inconsistency in the grounds of the
            contested judgment, inasmuch as the Court of First
            Instance declared inadmissible the head of claim             (1) OJ L 281 of 23.11.1995, p. 31.
                                                                         (2) See p. 8 of this Official Journal.
            alleging infringement of the third and fourth para-
            graphs of Article 24 of the Staff Regulations;
      —     inconsistency in the grounds of the contested judge-
            ment and error of lax, inasmuch as the contested
            judgment does not accept that the Commission
            committed a manifest error of assessment;
      —     inconsistency in the grounds of the contested judge-
            ment and error of law, inasmuch as the Court of              Action brought on 6 December 2000 by the Commission
            First Instance held that the appellant had not               of the European Communities against the Grand Duchy
            established any manifest error of assessment in the                                     of Luxembourg
            context of the comparison of his merits with those
            of other officials, more particularly Mr G;                                             (Case C-450/00)
      —     error of law and inconsistency in the grounds of the
            contested judgement, inasmuch as the Court of First                                      (2001/C 45/22)
            Instance decided that there had been no breach of
            the principles of equal treatment and fairness in the
                                                                         An action against the Grand Duchy of Luxembourg was
            present case.
                                                                         brought before the Court of Justice on 6 December 2000 by
                                                                         the Commission of the European Communities, represented
                                                                         by Xavier Lewis, of its Legal Service, acting as Agent, with an
                                                                         address for service in Luxembourg at the office of Carlos
                                                                         Gómez de la Cruz, of its Legal Service, Wagner Centre,
                                                                         Kirchberg.
Action brought on 6 December 2000 by the Commission
                                                                         The Commission of the European Communities claims that
of the European Communities against the French Republic
                                                                         the Court should:
                         (Case C-449/00)                                 (1) declare that, by failing to bring into force within the
                                                                               prescribed time-limit the laws, regulations and adminis-
                          (2001/C 45/21)                                       trative measures, including provisions imposing penalties,
                                                                               which are necessary in order to comply with Directive
An action against the French Republic was brought before the                   95/46/EC of the European Parliament and of the Council
Court of Justice on 6 December 2000 by the Commission of                       of 24 October 1995 on the protection of individuals with
the European Communities, represented by Xavier Lewis, of                      regard to the processing of personal data and on the
its Legal Service, acting as Agent, with an address for service                free movement of such data (1), the Grand Duchy of
in Luxembourg at the office of Carlos Gómez de la Cruz, of its                Luxembourg has failed to comply with its obligations
Legal Service, Wagner Centre, Kirchberg.                                       under Article 32 of that directive;
The Commission of the European Communities claims that                   (2) order the Grand Duchy of Luxembourg to pay the costs.
the Court should:
(1) declare that, by failing to bring into force within the              Pleas in law and main arguments
      prescribed period the laws, regulations and administrative
      measures, including provisions imposing penalties, which
      are necessary in order to comply with Directive 95/46/EC           The pleas in law and main arguments are analogous to those
      of the European Parliament and of the Council of                   advanced in Case C-443/00 (2).
      24 October 1995 on the protection of individuals with
      regard to the processing of personal data and on the free
      movement of such data (1), the French Republic has failed          (1) OJ L 281 of 23.11.1995, p. 31.
      to comply with its obligations under Article 32 of that            (2) See p. 8 of this Official Journal.
      directive;
(2) order the French Republic to pay the costs.