Official Journal of the European Union

C 141/31

Action brought on 3 April 2009 — Commission of the European Communities v Grand Duchy of Luxembourg

(Case C-126/09)

2009/C 141/54

Language of the case: French


Applicant: Commission of the European Communities (represented by: N. Yerrell, acting as Agent)

Defendant: Grand Duchy of Luxembourg

Form of order sought

Declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2003/59/EC of the European Parliament and of the Council of 15 July 2003 on the initial qualification and periodic training of drivers of certain road vehicles for the carriage of goods or passengers, amending Council Regulation (EEC) No 3820/85 and Council Directive 91/439/EEC and repealing Council Directive 76/914/EEC (1) or, in any event, by failing to notify those provisions to the Commission, the Grand Duchy of Luxembourg has failed to fulfil its obligations under that directive;

order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period prescribed for transposition of Directive 2003/59/EC expired on 9 September 2006. At the time the present action was brought, the defendant had still not adopted all the measures necessary to transpose the directive or, in any event, had not notified those measures to the Commission.

(1)  OJ 2003 L 226, p. 4.