CELEX: C2005/045/20
Language: en
Date: 2005-02-19 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 16 December 2004 in Case C-528/03: Commission of the European Communities v Kingdom of the Netherlands (Failure by a Member State to fulfil its obligations — Directive 2002/35/EC — Maritime transport — Safety of fishing vessels)

19.2.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 45/10
            
         
      JUDGMENT OF THE COURT
   
   (Fifth Chamber)
   of 16 December 2004
   in Case C-528/03: Commission of the European Communities v Kingdom of the Netherlands (1)
   
   (Failure by a Member State to fulfil its obligations - Directive 2002/35/EC - Maritime transport - Safety of fishing vessels)
   (2005/C 45/20)
   Language of the case: Dutch
   In Case C-528/03: Commission of the European Communities (Agents: W. Wils and K. Simonsson) v Kingdom of the Netherlands (Agents: H.G. Sevenster and C.A.H.M. ten Dam) – action for failure to fulfil obligations under Article 226 EC, brought on 18 December 2003 – the Court (Fifth Chamber), composed of R. Silva de Lapuerta, President of the Chamber, J. Makarczyk and P. Kÿris (Rapporteur), Judges; M. Poiares Maduro, Advocate General; R. Grass, Registrar, gave a judgment on 16 December 2004, in which it:
   
               1.
            
            
               Declares that, by failing to adopt the laws, regulations and administrative provisions necessary to comply fully with Commission Directive 2002/35/EC of 25 April 2002 amending Council Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length and over, the Kingdom of the Netherlands has failed to fulfil its obligations under that directive.
            
         
               2.
            
            
               Orders the Kingdom of the Netherlands to pay the costs.
            
         
      (1)  OJ C 59 of 06.03.2004.