CELEX: C2003/251/18
Language: en
Date: 2003-10-18 00:00:00
Title: Case C-389/03: Action brought on 15 September 2003 by the Commission of the European Communities against the Kingdom of Belgium

18.10.2003            EN                        Official Journal of the European Union                                     C 251/9
same as the express formal requirements laid down by                  15 September 2003 by the Commission of the European
Article 230 EC. Moreover, that excessively restrictive interpre-      Communities, represented by A. Bordes, acting as Agent,
tation impairs effective judicial protection.                         with an address for service in Luxembourg.
Secondly, the Court of First Instance considered that the
requirement of direct and individual concern amounts to
being a requirement that a person should be a ‘party con-             The Commission of the European Communities claims that
cerned’ within the meaning of Article 88(2) EC; it also took the      the Court should:
view that waiver of the share warrant required by the State aid
package is not sufficient to result in the applicant's being
directly and individually concerned, and wrongly held that
the applicant is trying to obtain compensation for the damage         1.   declare that, by not adopting the laws, regulations and
suffered during the Commission's procedure investigating                   administrative provisions necessary to comply with
whether the measure complied with Community law.                           Council Directive 1999/74/EC of 19 July 1999 laying
                                                                           down minimum standards for the protection of laying
                                                                           hens (1), the Kingdom of Belgium has failed to fulfil its
                                                                           obligations under that directive;
                                                                      2.   order the Kingdom of Belgium to pay the costs.
Action brought on 15 September 2003 by the
Commission of the European Communities against the                    Pleas in law and main arguments
                     Kingdom of Belgium
                        (Case C-389/03)
                                                                      The time-limit for transposition of the directive expired on
                                                                      1 January 2002.
                        (2003/C 251/18)
An action against the Kingdom of Belgium was brought before
the Court of Justice of the European Communities on                   (1) OJ 1999 L 203, p. 53.