21.11.2009   

EN

Official Journal of the European Union

C 282/31


Action brought on 6 October 2009 — Commission of the European Communities v United Kingdom of Great Britain and Northern Ireland

(Case C-394/09)

2009/C 282/54

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: A. Alcover San Pedro, B. McArdle, Agents)

Defendant: United Kingdom of Great Britain and Northern Ireland

The applicant claims that the Court should:

declare that, by failing to adopt the laws, regulations and administrative provisions necessary to transpose Directive 2005/33/EC (1) of the European Parliament and of the Council of 6 July 2005 amending Directive 1999/32/EC as regards the sulphur content of marine fuels for Gibraltar and, by failing to adopt all the laws, regulations and administrative provisions necessary to transpose all the ‘marine based’ elements of the Directive for England, Wales, Northern Ireland and Scotland or, in any event, by failing to communicate them to the Commission, the United Kingdom of Great Britain and Northern Ireland has failed to fulfil its obligations under Article 2 of that Directive;

order United Kingdom of Great Britain and Northern Ireland to pay the costs.

Pleas in law and main arguments

The period within which the Directive had to be transposed expired on 11 August 2006.


(1)  OJ L 191, p. 59