CELEX: C2004/047/46
Language: en
Date: 2004-02-21 00:00:00
Title: Removal from the register of Case C-376/99

C 47/26                EN                       Official Journal of the European Union                                           21.2.2004
Action brought on 9 January 2004 by the Commission of                   The applicant claims that the Court should:
the European Communities against the Federal Republic
                           of Germany                                   1.    declare that, by failing to adopt or in any event to
                                                                              inform the Commission of the laws, regulations and
                                                                              administrative provisions necessary in order to comply
                          (Case C-5/04)                                       fully with Council Directive 1999/63/EC (1) of 21 June
                                                                              1999 concerning the Agreement on the organisation of
                         (2004/C 47/44)                                       working time of seafarers concluded by the European
                                                                              Community Shipowners’ Association (ECSA) and the
                                                                              Federation of Transport Workers’ Unions in the European
                                                                              Union (FST) — Annex: European Agreement on the
An action against the Federal Republic of Germany was                         organisation of working time of seafarers, the Republic
brought before the Court of Justice of the European Communi-                  of Austria has failed to fulfil its obligations under Article 3
ties on 9 January 2004 by the Commission of the European                      of that directive; and
Communities, represented by Karen Banks and Dr Claudia
Schmidt, Agents, with an address for service in Luxembourg.             2.    order the Republic of Austria to pay the costs of the case.
The Commission claims that the Court should:                            Pleas in law and main arguments
1.    declare that, by failing to adopt, or to communicate to
      the Commission, the laws, regulations and administrative          The period within which the directive was to be implemented
      provisions necessary to implement Directive 98/44/EC (1)          expired on 30 June 2002.
      of the European Parliament and the Council of 6 July
      1998 on the legal protection of biotechnological inven-
                                                                        (1) OJ 1999 L 167, p. 33.
      tions, the Federal Republic of Germany has failed to fulfil
      its obligations under that directive; and
2.    order the Federal Republic of Germany to pay the costs
      of the case.
                                                                               Removal from the register of Case C-376/99 (1)
Pleas in law and main arguments                                                                   (2004/C 47/46)
The period within which the directive was to be implemented
expired on 30 July 2000.                                                By order of 17 September 2003 the President of the Court of
                                                                        Justice of the European Communities ordered the removal
                                                                        from the register of Case C-376/99: Federal Republic of
(1) OJ 1998 L 213, p. 13.                                               Germany v Commission of the European Communities.
                                                                        (1) OJ C 352, 4.12.1999.
Action brought on 13 January 2004 by the Commission
of the European Communities against the Republic of
                             Austria                                           Removal from the register of Case C-101/03 (1)
                                                                                                  (2004/C 47/47)
                         (Case C-10/04)
                         (2004/C 47/45)                                 By order of 21 October 2003 the President of the Court of
                                                                        Justice of the European Communities ordered the removal
                                                                        from the register of Case C-101/03: Commission of the
                                                                        European Communities v Italian Republic.
An action against the Republic of Austria was brought
before the Court of Justice of the European Communities
on 13 January 2004 by the Commission of the European                    (1) OJ C 118, 18.5.2002.
Communities, represented by G. Rozet and H. Kreppel, Agents,
with an address for service in Luxembourg.