CELEX: C2003/101/33
Language: en
Date: 2003-04-26 00:00:00
Title: Case C-64/03: Action brought on 14 February 2003 by the Commission of the European Communities against the Federal Republic of Germany

C 101/20                EN                         Official Journal of the European Union                                          26.4.2003
Action brought on 14 February 2003 by the Commission                             —     Articles 14 to 16: there are no provisions dealing
of the European Communities against the Federal Repub-                                 with access to the system. The reference to prohib-
                           lic of Germany                                              itions under competition law is not sufficient as
                                                                                       these do not contain any rules on access;
                           (Case C-64/03)                                        —     Articles 12 and 13: there are no rules under the laws
                                                                                       specifically governing natural gas which deal with
                                                                                       the unbundling of the accounts of integrated natural
                          (2003/C 101/33)                                              gas undertakings;
                                                                           —     The Federal Republic of Germany has failed adequately to
                                                                                 transpose:
An action against the Federal Republic of Germany was                            —     Article 2: defining provisions contained in a measure
brought before the Court of Justice of the European Communi-                           of Community law must, inasmuch as they are —
ties on 14 February 2003 by the Commission of the European                             as here — necessary for the proper application of
Communities, represented by Jürgen Grunwald, Legal Adviser                             the Community provisions by national bodies, be
to the Commission of the European Communities, and Hans                                correctly transposed in national law;
Støvlbæk, of the Legal Service of the Commission of the
European Communities, acting as Agents, with an address for
                                                                                 —     Articles 7(2) and 10(2): the general competition
service in Luxembourg at the office of Carlos Gómez de la
                                                                                       rules under national law apply only to undertakings
Cruz, of the European Commission’s Legal Service, Wagner
                                                                                       in a dominant market position and for that reason
Centre C 254, Kirchberg.
                                                                                       do not constitute an adequate transposition of the
                                                                                       prohibition of discrimination;
The applicant claims that the Court should:                                      —     Article 15(1) in conjunction with Article 17(1):
                                                                                       unlike the position in the electricity sector, German
1.    declare that, by failing to bring into force the laws,                           law does not provide for an obligation to state
                                                                                       reasons in the event of refusal to grant access to the
      regulations and administrative provisions necessary to
      comply with Directive 98/30/EC ( 1) of the European                              system;
      Parliament and of the Council of 22 June 1998 concern-
      ing common rules for the internal market in natural gas,                   —     Article 18: no criteria governing the designation of
      the Federal Republic of Germany has failed to fulfil its                         eligible customers have been published or notified
      obligations under Article 29 of that directive;                                  to the Commission;
                                                                                 —     Article 21(2): the arbitration authority provided for
2.    order the Federal Republic of Germany to pay the costs                           in Article 21(2) has not been designated.
      of the proceedings.
                                                                           (1 ) OJ L 204 of 21.7.1998, p. 1.
Pleas in law and main arguments
Although the period for transposition of Directive 98/30/EC
expired on 10 August 2000, the Federal Republic of Germany
has thus far failed to transpose at all or failed to transpose
adequately a number of provisions of that directive.                       Action brought on 19 February 2003 by the Kingdom of
                                                                           Spain against the Commission of the European Communi-
                                                                                                             ties
—     The Federal Republic of Germany has failed totally to
      transpose:
                                                                                                      (Case C-73/03)
      —     Article 5 in conjunction with Articles 7(3) and 10(3):
            it is clear that there have been no notifiable and                                       (2003/C 101/34)
            technically verifiable ‘technical rules establishing
            the minimum technical design and operational
            requirements’ for the ‘connection to the system of
            LNG facilities, storage facilities, other transmission         An action against the Commission of the European Communi-
            or distribution systems, and direct lines’. At any rate,       ties was brought before the Court of Justice of the European
            no such technical rules have been notified to the              Communities on 19 February 2003 by the Kingdom of Spain,
            Commission, nor is the Commission aware of any                 represented by S. Ortiz Vaamonde, Abogado del Estado, with
            such rules;                                                    an address for service in Luxembourg.