CELEX: C2004/059/13
Language: en
Date: 2004-03-06 00:00:00
Title: Case C-528/03: Action brought on 15 December 2003 by the Commission of the European Communities against the Kingdom of the Netherlands

C 59/8                   EN                        Official Journal of the European Union                                           6.3.2004
2.    order the Kingdom of the Netherlands to pay the costs.               Action brought on 18 December 2003 by the Commission
                                                                           of the European Communities against the Federal Repub-
                                                                                                     lic of Germany
Pleas in law and main arguments
                                                                                                    (Case C-531/03)
The period for implementation of the Directive expired on
28 December 2002.                                                                                    (2004/C 59/14)
(1) OJ 2000 L 332, p. 81.
                                                                           An action against the Federal Republic of Germany was
                                                                           brought before the Court of Justice of the European Communi-
                                                                           ties on 18 December 2003 by the Commission of the European
                                                                           Communities, represented by Josef Christian Schieferer, of the
                                                                           Legal Service of the Commission of the European Communi-
                                                                           ties, and Florence Simonetti, a national civil servant on
Action brought on 15 December 2003 by the Commission
                                                                           secondment to the Legal Service of the Commission, acting as
of the European Communities against the Kingdom of the
                                                                           Agents, with an address for service in Luxembourg.
                             Netherlands
                          (Case C-528/03)
                                                                           The applicant claims that the Court should:
                           (2004/C 59/13)
                                                                           1.    Declare that the Federal Republic of Germany has failed
                                                                                 to fulfil its obligations under Article 4, in conjunction
                                                                                 with point 7(b) and (c) of Annex I and point 10(e) of
An action against the Kingdom of the Netherlands was brought                     Annex II, of Council Directive 85/337/EEC (1)of 27 June
before the Court of Justice of the European Communities on                       1985 on the assessment of the effects of certain public
15 December 2003 by the Commission of the European                               and private projects on the environment, as amended by
Communities, represented by K. Simonsson and W. Wils,                            Council Directive 97/11/EC (2) of 3 March 1997,
acting as Agents.
                                                                                 —     in so far as that directive has, in particular, not yet
                                                                                       been transposed for purposes of road construction
The applicant claims that the Court should:                                            projects in the federal Land of Rhineland-Palatinate
                                                                                       and
1.    declare that, by failing to adopt the laws, regulations
      and administrative provisions necessary to comply with
      Commission Directive 2002/35/EC (1) of 25 April 2002                       —     in so far as it is possible for road construction
      concerning the setting up of a harmonised safety regime                          projects in the federal Land of North Rhine-
      for fishing vessels of 24 metres in length and over, or, in                      Westphalia to be granted development consent
      any event, by failing to notify the Commission of those                          without an environmental impact assessment being
      measures, the Kingdom of the Netherlands has failed to                           carried out;
      fulfil its obligations under that directive;
                                                                           2.    Order the Federal Republic of Germany to pay the costs
2.    order the Kingdom of the Netherlands to pay the costs.                     of the proceedings.
Pleas in law and main arguments
                                                                           Pleas in law and main arguments
The period for implementation of the Directive expired on
1 January 2003.
                                                                           The period for transposition of Directive 97/11/EC amending
(1) OJ 2002 L 112, p. 21.
                                                                           Directive 85/337/EEC expired on 14 March 1999 without the
                                                                           federal Land of Rhineland-Palatinate having adopted the
                                                                           necessary measures to implement it, in particular in relation to
                                                                           road construction projects.