CELEX: C2004/071/22
Language: en
Date: 2004-03-20 00:00:00
Title: Action brought on 29 January 2004 by the Commission of the European Communities against the Grand Duchy of Luxembourg Case C-33/04

20.3.2004             EN                         Official Journal of the European Union                                         C 71/13
The Commission claims that the agreement of 15 September                 Action brought on 29 January 2004 by the Commission
1999 to transfer the responsibility for the collection and               of the European Communities against the French Republic
treatment of waste from the municipality of Mödling to
AbfallGmbH does not fall to be classified as an ‘internal                                           (Case C-32/04)
transfer’ within the administration of the municipality of
Mödling, as the municipality of Mödling ceased to exercise the
control over AbfallGmbH that it would have over its own                                             (2004/C 71/21)
departments. The transfer of responsibility for the carrying out
of public services accordingly involves a public service contract
which was subject to the compulsory tender procedure.                    An action against the French Republic was brought before the
                                                                         Court of Justice of the European Communities on 29 January
                                                                         2004 by the Commission of the European Communities,
(1) OJ 1992 L 209, p. 1.
                                                                         represented by U. Wölker and F. Simonetti, acting as Agents,
                                                                         with an address for service in Luxembourg.
                                                                         The Commission of the European Communities claims that
                                                                         the Court should:
Action brought on 29 January 2004 by the Commission                      —     declare that, by failing to adopt the laws, regulations
of the European Communities against the Kingdom of                             and administrative provisions necessary to comply with
                              Spain                                            Commission Directive 2001/58/EC of 27 July 2001
                                                                               amending for the second time Directive 91/155/EEC
                         (Case C-31/04)                                        defining and laying down the detailed arrangements for
                                                                               the system of specific information relating to dangerous
                         (2004/C 71/20)                                        preparations in implementation of Article 14 of European
                                                                               Parliament and Council Directive 1999/45/EC and relat-
                                                                               ing to dangerous substances in implementation of
                                                                               Article 27 of Council Directive 67/548/EEC (safety data
An action against the Kingdom of Spain was brought before                      sheets) (1), or, in any event, by failing to inform the
the Court of Justice of the European Communities on 29 Janu-                   Commission thereof, the French Republic has failed to
ary 2004 by the Commission of the European Communities,                        fulfil its obligations under that directive;
represented by K. Banks and F. Castillo de la Torre, of the
Commission’s Legal Service, with an address for service in               —     order the French Republic to pay the costs.
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 period for transposition of the directive expired on 30 July
      Directive 2001/29/EC of the European Parliament and of             2002.
      the Council of 22 May 2001 on the harmonisation of
      certain aspects of copyright and related rights in the
                                                                         (1) OJ 2001 L 212, p. 24.
      information society (1), or in any event by failing to
      communicate those provisions to the Commission, the
      Kingdom of Spain has failed to fulfil its obligations under
      Article 13 of that directive.
—     order the Kingdom of Spain to pay the costs.
                                                                         Action brought on 29 January 2004 by the Commission
                                                                         of the European Communities against the Grand Duchy
Pleas in law and main arguments                                                                    of Luxembourg
The period prescribed by the Directive for its transposition                                         Case C-33/04
into national law expired on 22 December 2002.
                                                                                                    (2004/C 71/22)
(1) OJ 2001 L 167, p. 10.
                                                                         An action against the Grand Duchy of Luxembourg was
                                                                         brought before the Court of Justice of the European Communi-
                                                                         ties on 29 January 2004 by the Commission of the European
                                                                         Communities, represented by W. Wils and M. Shotter, acting
                                                                         as Agents, with an address for service in Luxembourg.
 ---pagebreak--- C 71/14               EN                        Official Journal of the European Union                                        20.3.2004
The Commission of the European Communities claims that                  Action brought on 29 January 2004 by the Commission
the Court should declare that:                                          of the European Communities against the Kingdom of the
                                                                                                    Netherlands
—     by failing to comply with the obligation to verify the
      compliance of cost accounting systems by an independent
      competent body and to publish a statement of compliance                                     (Case C-34/04)
      for 1998 and 1999, the Grand Duchy of Luxembourg
      has failed to fulfil its obligations under Article 7(5) of
      Directive 97/33/EC of the European Parliament and of                                        (2004/C 71/23)
      the Council of 30 June 1997 on interconnection in
      telecommunications with regard to ensuring universal
      service and interoperability through application of the
      principles of Open Network Provision (ONP) (1);
                                                                        An action against the Kingdom of the Netherlands was brought
—     by failing in practice to apply correctly the measures            before the Court of Justice of the European Communities
      adopted for the purpose of implementing Article 18(1)             on 29 January 2004 by the Commission of the European
      and (2) of Directive 98/10/EC as regards verification of          Communities, represented by T. van Rijn and C. Diderich,
      the compliance of the cost accounting system by the               acting as Agents.
      national regulatory authority or another competent body,
      independent of the telecommunications organisation and
      approved by the national regulatory authority, and as
      regards annual publication of a statement of compliance,          The applicant claims that the Court should:
      the Grand Duchy of Luxembourg has failed to fulfil its
      obligations under Article 18 of Directive 98/10/EC of the
                                                                        —     declare that, by failing to withdraw the fishing licences
      European Parliament and of the Council of 26 February
                                                                              granted to the fishing vessels WIRON III and WIRON IV
      1998 on the application of open network provision
                                                                              following the definitive transfer of those vessels to
      (ONP) to voice telephony and on universal service for
                                                                              Argentina, the Kingdom of the Netherlands has failed to
      telecommunications in a competitive environment (2).
                                                                              fulfil its obligations under Article 5 of Regulation (EC)
                                                                              No 3690/93 of 20 December 1993 establishing a Com-
                                                                              munity system laying down rules for the minimum
                                                                              information to be contained in fishing licences;
Pleas in law and main arguments:
                                                                        —     order the Kingdom of the Netherlands to pay the costs.
The Grand Duchy of Luxembourg has not yet adopted all the
measures necessary in order to ensure the full transposition
and implementation of Article 7(5) of Directive 97/33 as
regards:                                                                Pleas in law and main arguments
—     verification of the compliance of the cost accounting
      system by the national regulatory authority or another            Under the Agreement on relations in the sea fisheries sector
      competent body;                                                   between the European Economic Community and the Argen-
                                                                        tine Republic (OJ 1993 L 318, p. 2), the fishing vessels WIRON
                                                                        III and WIRON IV, which flew the Netherlands flag and were
—     annual publication of a statement of compliance.                  registered in the Netherlands, were transferred to Argentina.
                                                                        The vessels were removed from the Netherlands register of
                                                                        fishing vessels, transferred to Argentina and registered there in
                                                                        the national shipping register. The Commission discovered
As regards Directive 98/10, verification of the compliance of           that the fishing licences granted to the vessels WIRON III and
the cost accounting system of the operator Entreprise des               WIRON IV had been used again for other vessels. Such conduct
Postes et Télécommunications (EPT) has not yet taken place.             is inconsistent with the obligation imposed on the Netherlands
In addition, no statement concerning compliance has been                under Article 5 of Regulation No 3690/93 to withdraw
published.                                                              the fishing licences of vessels which have been definitively
                                                                        withdrawn from fishing activities. From the Community’s
                                                                        point of view, the definitive transfer of a vessel to a non-
(1) OJ 1997 L 199, p. 32.                                               member country is equivalent to the definitive withdrawal of
(2) OJ 1998 L 101, p. 24.                                               that vessel from fishing activity.