CELEX: C2002/180/25
Language: en
Date: 2002-07-27 00:00:00
Title: Case C-211/02: Action brought on 4 June 2002 by the Commission of the European Communities against the Grand Duchy of Luxembourg

27.7.2002               EN                   Official Journal of the European Communities                                      C 180/15
The Applicant claims that the Court should:                             The applicant claims that the Court should:
(1) declare that by failing to adopt for Gibraltar all the laws,        1.    Declare that, by failing to adopt all the laws, regulations
       regulations or administrative provisions necessary to                  and administrative provisions necessary to comply with
       comply with Council Directive 97/43/Euratom (1) of                     Directive 97/66/EC of the European Parliament and of
       30 June 1997 on health protection of individuals against               the Council of 15 December 1997 concerning the
       the dangers of ionizing radiation in relation to medical               processing of personal data and the protection of privacy
       exposure, and repealing Directive 84/466/Euratom, or in                in the telecommunications sector (1), the Grand Duchy of
       any event by failing to communicate them to the                        Luxembourg has failed to fulfil its obligations under that
       Commission, the United Kingdom has failed fully to fulfil              directive;
       its obligations under that Directive.
                                                                        2.    Order the Grand Duchy of Luxembourg to pay the costs.
(2) order the United Kingdom to pay the costs.
Pleas in law and main arguments                                         Pleas in law and main arguments
According to Article 192(1) of the Treaty, Member States shall          The period prescribed for transposition expired on 24 October
take all appropriate measures, whether general or particular,           1998 and 24 October 2000 (as regards Article 5 of the
to ensure fulfilment of the obligations arising out of this Treaty      directive), respectively.
or resulting from action taken by the institutions of the
Community.
                                                                        (1) OJ L 24 of 30.1.1998, p. 1.
The obligation on the part of the United Kingdom to take
measures in order to comply with the directive is not disputed.
Since the United Kingdom has not informed the Commission
of the provisions adopted to comply with the directive
concerned with regard to Gibraltar, and since the Commission
is in possession of no other information enabling it to conclude        Action brought on 5 June 2002 by the Commission of the
that the United Kingdom has adopted the necessary provisions,             European Communities against the Republic of Austria
it is compelled to assume that the United Kingdom has not yet
adopted such provisions and has thus failed to fulfil its
obligations under the directive.                                                                 (Case C-212/02)
                                                                                                 (2002/C 180/26)
(1) JO L 180 of 9.7.1997, p. 22.
                                                                        An action against the Republic of Austria was brought before
                                                                        the Court of Justice of the European Communities on 5 June
                                                                        2002 by the Commission of the European Communities,
                                                                        represented by Michel Nolin, of the Commission’s Legal
Action brought on 4 June 2002 by the Commission of the                  Service, acting as Agent, assisted by Rainer Roniger, Rechtsan-
European Communities against the Grand Duchy of                         walt, of Haarmann and Hemmelrath, Brussels, having an
                           Luxembourg                                   address for service at the office of Luis Escobar Guerrero, of
                                                                        the Commission’s Legal Service, Centre Wagner C 254.
                         (Case C-211/02)
                                                                        The applicant claims that the Court should:
                         (2002/C 180/25)
                                                                        1.    Rule that the Republic of Austria has failed to fulfil its
                                                                              obligations under the remedial Directives 89/665/EEC (1)
                                                                              and 92/13/EEC (2), in particular the obligations under
An action against the Grand Duchy of Luxembourg was                           Articles 2(1)(a) and (b) thereof, since the Land procure-
brought before the Court of Justice of the European Communi-                  ment laws of the Länder of Salzburg, Steiermark, Niederös-
ties on 4 June 2002 by the Commission of the European                         terreich and Kärnten do not ensure in all cases that the
Communities, represented by C. Schmidt, acting as Agent,                      award decision is open to review in a procedure whereby
with an address for service in Luxembourg.                                    an unsuccessful tenderer can have that decision set aside;