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25.2.2006 |
EN |
Official Journal of the European Union |
C 48/19 |
Action brought on 22 December 2005 by the Commission of the European Communities against the Kingdom of the Netherlands
(Case C-463/05)
(2006/C 48/36)
Language of the case: Dutch
An action against the Kingdom of the Netherlands was brought before the Court of Justice of the European Communities on 22 December 2005 by the Commission of the European Communities, represented by Dominique Maidani and Wouter Wils, acting as Agents.
The Commission claims that the Court should:
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1. |
declare that, by not adopting the laws, regulations and administrative provisions necessary to give effect to Directive 2002/47/EC (1) of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements, or in any event by not informing the Commission of those measures, the Kingdom of the Netherlands has failed to fulfil its obligations under that directive; |
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2. |
order the Kingdom of the Netherlands to pay the costs. |
Pleas in law and main arguments
Article 11 of Directive 2002/47 imposed an obligation on Member States to bring into force the provisions necessary to comply with that directive by 27 December 2003 at the latest and immediately to inform the Commission of those provisions.
The Commission finds that the Kingdom of the Netherlands has not yet adopted those measures or in any event has not notified it of them.