CELEX: C2006/165/35
Language: en
Date: 2006-07-15 00:00:00
Title: Case C-219/06: Action brought on  12 May 2006  — Commission of the European Communities v Grand-Duchy of Luxembourg

15.7.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 165/19
            
         Action brought on 12 May 2006 — Commission of the European Communities v Grand-Duchy of Luxembourg
   (Case C-219/06)
   (2006/C 165/35)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented by: N. Yerrell, Agent)
   
      Defendant: Grand-Duchy of Luxembourg
   Form of order sought
   
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               A declaration that, by failing to adopt measures to comply with the judgment delivered by the Court on 30 September 2004 in Case C-481/03 (1) concerning the failure to communicate measures for the implementation of Directives 2001/12/EC (2) and 2001/13/EC (3), the Grand-Duchy of Luxembourg has failed to fulfil its obligations under those directives and under Article 228(1) EC;
            
         
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               an order that the Grand-Duchy of Luxembourg pay the Commission a penalty payment of EUR 4 800 for each day of delay in complying with judgment in Case C-481/03 with regard to Directive 2001/12/EC and a penalty payment of EUR 4 800 for each day of delay in complying with the judgment in Case C-481/03 with regard to Directive 2001/13/EC from the date of judgment herein until the judgment in Case C-481/03 has been complied with;
            
         
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               an order that the Grand-Duchy of Luxembourg pay the Commission a lump sum, to be calculated by multiplying the daily sum of EUR 1 000 by the number of days the infringement continues, from the date of judgment in Case C-481/03 until the date of judgment herein in relation to Directive 2001/12/EC, together with the same sum in relation to Directive 2001/13/EC; and
            
         
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               an order that the Grand-Duchy of Luxembourg pay the costs.
            
         Pleas in law and main arguments
   The Grand-Duchy of Luxembourg has failed to communicate to the Commission any measure adopted following the judgment of the Court in Case C-481/03.
   
      (1)  Not reported.
   
      (2)  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 (OJ L 75, p. 1).
   
      (3)  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 (OJ L 75, p. 26).