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18.12.

2004 EN Official Journal of the European Union C 314/7

Action brought on 27 October 2004 by Commission of The Commission of the European Communities claims that the
the European Communities against Grand Duchy of Court should:
Luxembourg
1. declare that, by failing to adopt the laws, regulations and
administrative provisions which are necessary in order to
(Case C-449/04) comply with Council Directive 2001/40/EC of 28 May
2001 on the mutual recognition of decisions on the expul-
sion of third country nationals (1) or, in any event, by failing
(2004/C 314/12) to inform the Commission of them, the French Republic has
failed to fulfil its obligations under that directive;

An action was brought before the Court of Justice of the Euro- 2. order the French Republic to pay the costs.
pean Communities on 27 October 2004 by Commission of the
European Communities, represented by C. O'Reilly and A.-M.
Rouchaud-Joët, acting as Agents, with an address for service in
Luxembourg. Pleas in law and main arguments

The Commission of the European Communities claims that the


The period for transposing the directive into national law
Court should:
expired on 2 December 2002.

1. Declare that, by not adopting the laws, regulations and


(1) OJ L 149 of 2.6.2001, p. 34.
administrative provisions needed to comply with Council
Directive 2001/51/EC of 28 June 2001 supplementing the
provisions of Article 26 of the Convention implementing
the Schengen Agreement of 14 June 1985, (1) the Grand
Duchy of Luxembourg has failed to fulfil its obligations
under that directive;

2. Order the Grand Duchy of Luxembourg to pay the costs. Action brought on 27 October 2004 by the Commission
of the European Communities against the French Republic

Pleas and main arguments


(Case C-451/04)

The period set for transposition of the directive into internal


law expired on 11 February 2003. (2004/C 314/14)

(1) OJ L 187 of 10.7.2001. An action against the French Republic was brought before the
Court of Justice of the European Communities on 27 October
2004 by the Commission of the European Communities, repre-
sented by C. O'Reilly and A.-M. Rouchaud-Joët, acting as
Agents, with an address for service in Luxembourg.

The Commission of the European Communities claims that the


Action brought on 27 October 2004 by the Commission Court should:
of the European Communities against the French Republic

1. declare that, by failing to adopt the laws, regulations and


(Case C-450/04) administrative provisions which are necessary in order to
comply with Council Directive 2001/55/EC of 20 July 2001
on minimum standards for giving temporary protection in
(2004/C 314/13) the event of a mass influx of displaced persons and on
measures promoting a balance of efforts between Member
States in receiving such persons and bearing the conse-
quences thereof (1) or, in any event, by failing to inform the
An action against the French Republic was brought before the Commission of them, the French Republic has failed to fulfil
Court of Justice of the European Communities on 27 October its obligations under that directive;
2004 by the Commission of the European Communities, repre-
sented by C. O'Reilly and A.-M. Rouchaud-Joët, acting as
Agents, with an address for service in Luxembourg. 2. order the French Republic to pay the costs.
C 314/8 EN Official Journal of the European Union 18.12.2004

Pleas in law and main arguments Action brought on 22 October 2004 by the Commission
of the European Communities against the Kingdom of the
Netherlands
The period for transposing the directive into national law
expired on 31 December 2002.
(Case C-460/04)

(1) OJ L 212 of 7.8.2001, p. 12. (Language of the case: Dutch)

(2004/C 314/16)

An action against the Kingdom of the Netherlands was brought


before the Court of Justice of the European Communities on
22 October 2004 by the Commission of the European
Action brought on 28 October 2004 by the Commission Communities, represented by C. O'Reilly and R. Troosters,
of the European Communities against the Grand Duchy of acting as Agents.
Luxembourg

The applicant claims that the Court should:


(Case C-454/04)
1. Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary to comply with Council
(2004/C 314/15) Directive 2001/51/EC (1) of 28 June 2001 supplementing
the provisions of Article 26 of the Convention imple-
menting the Schengen Agreement of 14 June 1985, or at
An action against the Grand Duchy of Luxembourg was least by failing to forward those provisions to the Commis-
brought before the Court of Justice of the European Commu- sion, the Kingdom of the Netherlands has failed to fulfil its
nities on 28 October 2004 by the Commission of the European obligations under that directive;
Communities, represented by C. O'Reilly and A.-M. Rouchaud-
Joët, acting as Agents, with an address for service in Luxem- 2. order the Kingdom of the Netherlands to pay the costs.
bourg.

Pleas in law and main arguments:


The Commission of the European Communities claims that the
Court should:
The period within which Directive 2001/51/EC had to be trans-
posed expired on 11 February 2003.
1. declare that, by failing to adopt the laws, regulations and
administrative provisions which are necessary in order to
comply with Council Directive 2001/55/EC of 20 July 2001 (1) OJ L 187 of 10.7.2001, pp. 45-46.
on minimum standards for giving temporary protection in
the event of a mass influx of displaced persons and on
measures promoting a balance of efforts between Member
States in receiving such persons and bearing the conse-
quences thereof (1) or, in any event, by failing to inform the
Commission of them, the Grand Duchy of Luxembourg has
failed to fulfil its obligations under that directive;
Action brought on 22 October 2004 by the Commission
2. order the Grand Duchy of Luxembourg to pay the costs. of the European Communities against the Kingdom of the
Netherlands

(Case C-461/04)
Pleas in law and main arguments

(Language of the case: Dutch)


The period for transposing the directive into national law
expired on 31 December 2002.
(2004/C 314/17)

(1) OJ L 212 of 7.8.2001, p. 12. An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities on
22 October 2004 by the Commission of the European
Communities, represented by C. O'Reilly and R. Troosters,
acting as Agents.