11.6.2005   

EN

Official Journal of the European Union

C 143/26


Action brought on 6 April 2005 by the Commission of the European Communities against the Federal Republic of Germany

(Case C-158/05)

(2005/C 143/41)

Language of the case: German

An action against the Federal Republic of Germany was brought before the Court of Justice of the European Communities on 6 April 2005 by the Commission of the European Communities, represented by G. Braun and M. Huttunen, acting as Agents, with an address for service in Luxembourg.

The Commission of the European Communities claims that the Court should:

1.

declare that, by failing the adopt the laws, regulations and administrative provisions necessary to transpose Directive 2002/30/EC of the European Parliament and of the Council of 26 March 2002 on the establishment of rules and procedures with regard to the introduction of noise-related operating restrictions at Community airports (1) and, in any event, by failing to communicate them to the Commission, the Federal Republic of Germany has failed to fulfil its obligations under the EC Treaty and that directive.

2.

order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

The period for transposition of the directive into national law expired on 28 September 2003.


(1)  OJ L 85, 28.03.2002, p. 40