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15.8.

2008 EN Official Journal of the European Union C 209/35

participate in the decision-making procedures referred to in Action brought on 24 June 2008 — Commission of the
Article 6(4) in respect of projects which may have significant European Communities v Republic of Hungary
effects on the environment in the area where the association
is active but do not have a right of appeal such as is referred (Case C-270/08)
to in Article 10a?
(2008/C 209/53)

(1) Council Directive 85/337/EEC of 27 June 1985 on the assessment of Language of the case: Hungarian
the effects of certain public and private projects on the environment
(OJ 1985 L 175, p. 40).

Parties

Applicant: Commission of the European Communities (repre-


sented by: W. Wils and V. Bottka, acting as Agents)

Action brought on 19 June 2008 — Commission of the Defendant: Republic of Hungary


European Communities v Kingdom of Spain
Form of order sought
(Case C-266/08)
— Declare that the Republic of Hungary has failed to fulfil its
(2008/C 209/52) obligations under Directive 2005/29/EC of the European
Parliament and of the Council of 11 May 2005 concerning
unfair business-to-consumer commercial practices in the
Language of the case: Spanish internal market and amending Council Directive
84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC
of the European Parliament and of the Council and Regu-
lation (EC) No 2006/2004 of the European Parliament and
of the Council (1), by failing to adopt the laws, regulations
Parties and administrative provisions necessary to comply with that
directive and, in any event, by failing to communicate them
Applicant: Commission (represented by: M. Condou-Durande to the Commission;
and E. Adsera Ribera, acting as Agents)
— order the Republic of Hungary to pay the costs.

Defendant: Kingdom of Spain


Pleas in law and main arguments

The period for transposition of the directive into national law


Form of order sought expired on 12 June 2007.

— Declare that the Kingdom of Spain, by not adopting the


laws, regulations and administrative provisions necessary to (1) OJ 2005 L 149, p. 22.
transpose Council Directive 2004/81/EC (1) of 29 April
2004 on the residence permit issued to third-country
nationals who are victims of trafficking in human beings or
who have been the subject of an action to facilitate illegal
immigration, who cooperate with the competent authorities
and, in any event, by not communicating those provisions
to the Commission, has failed to fulfil its obligations under
Action brought on 24 June 2008 — Commission of the
Article 17 of that directive;
European Communities v Kingdom of Spain
— Order the Kingdom of Spain to pay the costs.
(Case C-272/08)

(2008/C 209/54)
Pleas in law and main arguments
Language of the case: Spanish
The time limit for transposition of Directive 2004/81/EC
expired on 5 August 2006.
Parties
(1) OJ 2004 L 261, p. 19. Applicant: Commission (represented by: M. Condou-Durande
and E. Adsera Ribera, acting as Agents)

Defendant: Kingdom of Spain


C 209/36 EN Official Journal of the European Union 15.8.2008

Form of order sought Article 6(1), (2) and (3), Article 7(1) and (2) and Article 8(1)
and (2) of Directive 2001/81/EC of the European Parliament
and of the Council of 23 October 2001 on national emis-
— Declare that the Kingdom of Spain, by not adopting the sion ceilings for certain atmospheric pollutants (1);
laws, regulations and administrative provisions necessary to
transpose Council Directive 2004/83/EC (1) of 29 April
— order the Grand Duchy of Luxembourg to pay the costs.
2004 on minimum standards for the qualification and status
of third country nationals or stateless persons as refugees or
as persons who otherwise need international protection and
the content of the protection granted and, in any event, by Pleas in law and main arguments
not communicating those provisions to the Commission,
has failed to fulfil its obligations under Article 38 of that
directive. The Commission submits that the Grand Duchy of Luxembourg
has failed to communicate, within the time-limits prescribed in
— Order the Kingdom of Spain to pay the costs. Directive 2001/81/EC, three types of document concerning the
establishment of national emission ceilings for sulphur dioxide
(SO2), nitrogen oxides (NOX), volatile organic compounds (VOC)
and ammonia (NH3).
Pleas in law and main arguments

First, the defendant failed to fulfil its obligation, set out in


The time limit for transposition of the directive expired on
Article 6(1), (2) and (3) of the directive, to draw up programmes
10 October 2006.
for the progressive reduction of national emissions of the afore-
mentioned pollutants.
(1) OJ 2004 L 304, p. 12.
Secondly and thirdly, the defendant did not comply, in
respect of the same pollutants, with the provisions of
Article 7(1) and (2) concerning the preparation and annual
updating of the national emission inventories and emission
projections for 2010.

Finally, it failed to fulfil its obligation to communicate these


Action brought on 25 June 2008 — Commission of the three types of document to the Commission within the time-
European Communities v Grand Duchy of Luxembourg limits prescribed in Article 8(1) and (2) of the directive.

(Case C-273/08)
(1) OJ 2001 L 309, p. 22.

(2008/C 209/55)

Language of the case: French

Action brought on 27 June 2008 — Commission of the


Parties European Communities v Grand Duchy of Luxembourg

Applicant: Commission of the European Communities (repre- (Case C-282/08)


sented by: G. Rozet and A. Alcover San Pedro, Agents)
(2008/C 209/56)
Defendant: Grand Duchy of Luxembourg
Language of the case: French

Form of order sought

— declare that, by failing to communicate to the Commission


Parties
of the European Communities its programmes for the reduc-
tion of national emissions of sulphur dioxide (SO2), nitrogen
oxides (NOX), volatile organic compounds (VOC) and Applicant: Commission of the European Communities (repre-
ammonia (NH3), its national emission inventories of SO2, sented by: W. Roels and W. Wils, Agents)
NOX, VOC and NH3, and its annual projections for SO2,
NOX, VOC and NH3 for 2010, the Grand Duchy of
Luxembourg has failed to fulfil its obligations under Defendant: Grand Duchy of Luxembourg