23.6.2007   

EN

Official Journal of the European Union

C 140/17


Action brought on 10 May 2007 — Commission of the European Communities v Federal Republic of Germany

(Case C-235/07)

(2007/C 140/28)

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by G. Braun and P. Dejmek, acting as Agents)

Defendant: Federal Republic of Germany

Form of order sought

declare that, by not bringing into force the laws, regulations and administrative provisions necessary to implement Directive 2004/49/EC (1) of the European Parliament and of the Council of 29 April 2004 on safety on the Community's railways and amending Council Directive 95/18/EC (2) on the licensing of railway undertakings and Directive 2001/14/EC (3) on the allocation of railway infrastructure capacity and the levying of charges for the use of railway infrastructure and safety certification (Railway Safety Directive) into national law, or by not informing the Commission thereof, the Federal Republic of Germany has failed to fulfil its obligations under the EC Treaty and that directive;

order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

The period laid down for implementing the directive expired on 30 April 2006.


(1)  OJ 2004 L 164, p. 44

(2)  OJ 1995 L 143, p. 70

(3)  OJ 2001 L 75, p. 29