CELEX: C2004/071/20
Language: en
Date: 2004-03-20 00:00:00
Title: Case C-31/04: Action brought on 29 January 2004 by the Commission of the European Communities against the Kingdom of Spain

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.