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Document C2005/243/16

Case C-308/05: Action brought on 4 August 2005 by the Commission of the European Communities against the Kingdom of the Netherlands

OJ C 243, 1.10.2005, p. 10–10 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

1.10.2005   

EN

Official Journal of the European Union

C 243/10


Action brought on 4 August 2005 by the Commission of the European Communities against the Kingdom of the Netherlands

(Case C-308/05)

(2005/C 243/16)

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 4 August 2005 by the Commission of the European Communities, represented by A. Aresu and H. van Vliet, acting as Agents.

The applicant claims that the Court should:

1.

Declare that, by not taking the legal and administrative measures necessary to implement Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety, or in any event by not communicating such measures to the Commission, the Kingdom of the Netherlands has failed to fulfil its obligations under that directive.

2.

order Kingdom of the Netherlands to pay the costs.

Pleas in law and main arguments

Article 21 of that directive provides that Member States are to bring the laws, regulations and administrative provisions necessary in order to comply with the directive into force with effect from 15 January 2004, and to inform the Commission thereof forthwith.

The Commission observes that the Kingdom of the Netherlands has still not taken or notified those implementing measures.


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