Case C-407/00: Action brought on 8 November 2000 by the Commission of the European Communities against the Republic of Austria
Date: 2001-01-27
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, dangerous substance, environmental risk prevention, industrial hazard

27.1.2001

EN

Official Journal of the European Communities

C 28/13

Action brought on 8 November 2000 by the Commission
of the European Communities against the Republic of
Austria

Action brought on 8 November 2000 by the Commission
of the European Communities against the Federal Repub-
lic of Germany

(Case C-407/00)

(2001/C 28/22)

An action against
the Republic of Austria was brought
before the Court of Justice of the European Communities on
8 November 2000 by the Commission of the European
Communities, represented by Götz zur Hausen, Legal Adviser,
of its Legal Service, with an address for service in Luxembourg
at the office of Carlos Go´ mez de la Cruz, of its Legal Service,
Wagner Centre C 254, Kirchberg.

The applicant claims that the Court should:

(1) declare that, by failing within the time-limit prescribed to
take all necessary measures in order to comply with
Council Directive 96/82/EC of 9 December 1996 (1)
on the control of major-accident hazards involving
dangerous substances, and in particular Articles 11
and 12 thereof, the Republic of Austria has failed to fulfil
its obligations under the EC Treaty;

(2) order the Republic of Austria to pay the costs.

Pleas in law and main arguments

The mandatory nature of the provisions of the third paragraph
of Article 249 EC and of the first paragraph of Article 10 EC
obliges the Member States to adopt the measures necessary in
order to comply with directives addressed to them within the
time-limit prescribed for so doing. That time-limit expired on
3 February 1999 but Austria has not to date taken all the
measures required in order to transpose Articles 11 and 12 of
the directive.

(1) OJ 1997 L 10, p. 13.

(Case C-408/00)

(2001/C 28/23)

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 8 November 2000 by the Commission of the European
Communities, represented by Götz zur Hausen, Commission
Legal Adviser, with an address for service in Luxembourg at
the office of Carlos Go´ mez de la Cruz, of its Legal Service,
Wagner Centre C 254, Kirchberg.

The applicant claims that the Court should:

1.

declare that, by not adopting in full, or in any event not
communicating in full to the Commission, the laws,
regulations and administrative provisions necessary to
comply with Council Directive 97/11/EC (1) of 3 March
1997 amending Directive 85/337/EEC on the assessment
of the effects of certain public and private projects on the
environment, the Federal Republic of Germany has failed
to fulfil its obligations under that directive;

2.

order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments correspond to those in
Case C-407/00 (2); the time-limit for implementation expired
on 14 March 1999.

(1) OJ L 73, 14.3.1997, p. 5.
(2) See p. 13 of this Official Journal.

Action brought on 10 November 2000 by Kingdom of
Spain against Commission of the European Communities

(Case C-409/00)

(2001/C 28/24)

An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 10 November 2000 by the Kingdom of
Spain, represented by Mo´ nica Lo´ pez-Monı´s Gallego, abogado
del Estado, 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.