2.4.2005   

EN

Official Journal of the European Union

C 82/11

Action brought on 28 January 2005 by the Commission of the European Communities against the Grand Duchy of Luxembourg

(Case C-30/05)

(2005/C 82/24)

Language of the case: French

An action against the Grand Duchy of Luxembourg was brought before the Court of Justice of the European Communities on 28 January 2005 by the Commission of the European Communities, represented by C.F. Durand and F. Simonetti, 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 to adopt the laws, regulations and administrative provisions necessary to comply with

—

Directive 1999/45/EC of the European Parliament and of the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (OJ 1999 L 200, p. 1); and

—

Commission Directive 2001/60/EC of 7 August 2001 adapting to technical progress Directive 1999/45/EC of the European Parliament and of the Council concerning the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (Text with EEA relevance) (OJ 2001 L 226, p. 5), or, in any event, by not notifying the Commission of such provisions, the Grand Duchy of Luxembourg has failed to fulfil its obligations under those directives;

2.

order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The period prescribed for the transposition of the directives into national law expired on 30 July 2002.