Case C-414/00: Action brought on 10 November 2000 by the Commission of the European Communities against the Portuguese Republic
Date: 2001-01-27
Institutions: Court of Justice
Subjects: European Commission, Portugal, action for failure to fulfil an obligation, animal product, import, veterinary inspection

C 28/16

EN

Official Journal of the European Communities

27.1.2001

Pleas in law and main arguments

The pleas in law and main arguments are similar to those
relied on in Case C-407/00 (4); the time-limit for transposition
expired on 13 February 1999, 31 March 1999 and 30 April
1999 respectively.

(1) OJ 1998 L 208, p. 49.
(2) OJ 1998 L 261, p. 32.
(3) OJ 1998 L 290, p. 25.
(4) See p. 13 of this Official Journal.

Action brought on 9 November 2000 by the Commission
of the European Communities against the Kingdom of the
Netherlands

(Case C-413/00)

(2001/C 28/28)

An action against the Kingdom of the Netherlands was brought
before the Court of Justice of the European Communities on
9 November 2000 by the Commission of the European
Communities, represented by B. Mongin and H. M. H. Speyart,
of its Legal Service, acting as Agents, with an address for
service in Luxembourg at the office of C. Go´ mez de la Cruz, of
its Legal Service, Wagner Centre, Kirchberg.

Action brought on 10 November 2000 by the Com-
mission of the European Communities against the Portu-
guese Republic

(Case C-414/00)

(2001/C 28/29)

An action against
the Portuguese Republic was brought
before the Court of Justice of the European Communities on
10 November 2000 by the Commission of the European
Communities, represented by Ana Maria Alves Vieira, of its
Legal Service, acting as Agent, with an address for service in
Luxembourg at the office of Carlos Go´ mez de la Cruz, of its
Legal Service, Wagner Centre, Kirchberg.

The applicant claims that the Court should:

— Declare that, by failing to bring into force within the
prescribed period all the provisions necessary to comply
with Council Directive 97/78/EC (1) of 18 December
1997 laying down the principles governing the organis-
ation of veterinary checks on products entering the
Community from third countries, the Portuguese Repub-
lic has failed to fulfil its obligations under Articles 10
and 249 of the EC Treaty; and

— Order the Portuguese Republic to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those
relied on in Case C-407/00 (2); the time-limit for transposition
of the directive expired on 1 June 1999.

The applicant claims that the Court should:

(1) OJ 1998 L 24, p. 9.
(2) See p. 13 of this Official Journal.

1. Declare that, by not adopting the laws, regulations
and administrative provisions necessary to comply with
Council Directive 98/41/EC (1) of 18 June 1998 on the
registration of persons sailing on board passenger ships
operating to or from ports of the Member States of the
Community, or in any event by not
informing the
Commission of such measures,
the Kingdom of the
Netherlands has failed to fulfil its obligations under that
directive.

2. Order the Kingdom of the Netherlands to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those in
Case C-407/00 (2); the period for transposition expired on
1 January 1999.

(1) OJ 1998 L 188, p. 35.
(2) See p. 13 of this Official Journal.

Reference for a preliminary ruling by the Unabhängiger
Verwaltungssenat Salzburg by order of that court of
9 November 2000 in the appeal concerning (1) Dr Herbert
Pflanzl, (2) Bürgermeister der Landeshauptstadt Salzburg,
(3) Grundverkehrsbeauftragter des Landes Salzburg and
(4) Grundverkehrslandeskommission des Landes Salzburg

(Case C-415/00)

(2001/C 28/30)

Reference has been made to the Court of Justice of the
European Communities by order of the Unabhängiger Verwal-
tungssenat Salzburg of 9 November 2000, received at the
Court Registry on 13 November 2000, for a preliminary
ruling in the appeal concerning (1) Dr Herbert Pflanzl, (2)
Bürgermeister der Landeshauptstadt Salzburg, (3) Grundver-
kehrsbeauftragter des Landes Salzburg and (4) Grundver-
kehrslandeskommission des Landes Salzburg on the following
question: