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30.5.2016 |
EN |
Official Journal of the European Union |
C 191/13 |
Action brought on 14 March 2016 — European Commission v Grand Duchy of Luxembourg
(Case C-152/16)
(2016/C 191/17)
Language of the case: French
Parties
Applicant: European Commission (represented by: J. Hottiaux, acting as Agent)
Defendant: Grand Duchy of Luxembourg
Form of order sought
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declare that by failing to create its national electronic register of road transport undertakings and interconnecting it with the national electronic registers of the other Member States, the Grand Duchy of Luxembourg has failed to fulfil its obligations under Article 16(1) and (5) of Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (1); |
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order the Grand Duchy of Luxembourg to pay the costs. |
Pleas in law and main arguments
Article 16(1) of Regulation No 1071/2009 provides that each Member State is to keep a national electronic register of road transport undertakings which have been authorised by the competent national authority to engage in the occupation of road transport operator.
However, it is apparent from the answer given by the Luxembourg State to the letter of formal notice that such a national register has not been set up.
It follows that the Luxembourg State has failed to comply with Article 16(1) of Regulation No 1071/2009.
Under Article 16(5) of Regulation No 1071/2009, the Member States are required to take all necessary measures to ensure that the national electronic registers are interconnected and accessible throughout the European Union.
As it does not even have a national register, there can be no doubt that the Luxembourg Administration has not taken the measures necessary to interconnect its national register (which it does not have) with other national registers.
That being the case, the Luxembourg State has failed to comply with Article 16(5) of Regulation No 1071/2009.