CELEX: C2004/085/38
Language: en
Date: 2004-04-03 00:00:00
Title: Case C-85/04: Action brought on 23 February 2004 by the Commission of the European Communities against the French Republic

C 85/20               EN                       Official Journal of the European Union                                        3.4.2004
Action brought on 20 February 2004 by the Commission                   The Commission of the European Communities claims that
of the European Communities against the Portuguese                     the Court should:
                            Republic
                                                                       1.    declare that, by failing to adopt the laws, regulations
                         (Case C-83/04)                                      and administrative provisions necessary to comply with
                                                                             Directive 2001/17/EC of the European Parliament and of
                                                                             the Council of 19 March 2001 on the reorganisation and
                         (2004/C 85/37)                                      winding-up of insurance undertakings (1), and, in any
                                                                             event, by failing to forward those provisions to the
                                                                             Commission, the French Republic has failed to fulfil its
                                                                             obligations under Article 31 of that directive;
An action against the Portuguese Republic was brought
before the Court of Justice of the European Communities on
                                                                       2.    order the French Republic to pay the costs.
20 February 2004 by the Commission of the European
Communities, represented by Karen Banks and Gonçalo Braga
de Cruz, acting as Agents, with an address for service in
Luxembourg.
                                                                       Pleas in law and main arguments
The applicant claims that the Court should:
                                                                       The period for transposition of the directive expired on
1.    declare that, by having failed to adopt the laws, regu-          20 April 2003.
      lations and administrative provisions needed in order to
      comply with Directive 2001/29/EC (1)of the European
      Parliament and of the Council of 22 May 2001 on the              (1) OJ L 110 of 20.4.2001, p. 28.
      harmonisation of certain aspects of copyright and related
      rights in the information society, or, in any event, by
      having failed to inform the Commission thereof, the
      Portuguese Republic has failed to fulfil its obligations
      under Article 13 of that directive;
2.    order the Portuguese Republic to pay the costs.
                                                                       Action brought on 23 February 2004 by the Commission
                                                                       of the European Communities against the Grand Duchy
                                                                                                  of Luxembourg
Pleas in law and main arguments
                                                                                                   (Case C-86/04)
The period prescribed for transposition of the directive expired
on 22 December 2002.
                                                                                                  (2004/C 85/39)
(1) OJ L 167 of 22.6.2001, p. 10.
                                                                       An action against the Grand Duchy of Luxembourg was
                                                                       brought before the Court of Justice of the European Communi-
                                                                       ties on 23 February 2004 by the Commission of the European
                                                                       Communities, represented by E. Traversa and P. Léouffre,
                                                                       acting as Agents, with an address for service in Luxembourg.
Action brought on 23 February 2004 by the Commission
of the European Communities against the French Republic
                                                                       The Commission of the European Communities claims that
                                                                       the Court should:
                         (Case C-85/04)
                                                                       1.    declare that, by failing to adopt the laws, regulations
                         (2004/C 85/38)                                      and administrative provisions necessary to comply with
                                                                             Directive 2001/17/EC of the European Parliament and of
                                                                             the Council of 19 March 2001 on the reorganisation and
                                                                             winding-up of insurance undertakings (1), and, in any
An action against the French Republic was brought before the                 event, by failing to forward those provisions to the
Court of Justice of the European Communities on 23 February                  Commission, the Grand Duchy of Luxembourg has failed
2004 by the Commission of the European Communities,                          to fulfil its obligations under that directive;
represented by E. Traversa and P. Léouffre, acting as Agents,
with an address for service in Luxembourg.                             2.    order the Grand Duchy of Luxembourg to pay the costs.