Case C-30/01: Action brought on 24 January 2001 by the Commission of the European Communities against the United Kingdom
Date: 2001-04-07
Institutions: Court of Justice
Subjects: European Commission, Gibraltar, United Kingdom, action for failure to fulfil an obligation, national implementing measure

7.4.2001

EN

Official Journal of the European Communities

C 108/5

— the Court of First Instance displayed an incorrect
conception of the law by incorrectly weighing the
evidence adduced with regard to free competition.
The Court of First Instance should have found that
the Commission had obtained evidence of 7 written
offers and that 5 of those 7 offers led to the
conclusion of separate contracts.

— refer the application for damages back to the Court of
First Instance in order for the case to be argued and for
that application to be allowed;

— order the Commission to pay the costs of the present

action and all the costs incurred by the appellant.

— Infringement of Article 68(1) of the Rules of Procedure
of the Court of First Instance, on account of the failure
by that Court to take evidence of its own motion from
witnesses.

— The Court of First Instance should have awarded the
damages applied for, and the case should therefore be
referred back to the Court of First Instance for further
consideration; alternatively, the Court of Justice should
itself award those damages to the appellant.

(1) OJ 1991 L 362, p. 89.
(2) OJ 1992 L 191, p. 22.

Appeal brought on 19 January 2001 by Compagnie
Continentale (France) against the judgment delivered on
8 November 2000 by the Second Chamber of the Court
of First Instance of the European Communities in Cases
T-494/93 and T-61/98 between Compagnie Continentale
(France) and the Commission of the European Communi-
ties

(Case C-25/01 P)

(2001/C 108/07)

An appeal against the judgment delivered on 8 November
2000 by the Second Chamber of the Court of First Instance of
in Joined Cases T-485/93,
the European Communities
T-491/93, T-494/93 and T-61/98 between L. Dreyfus & Cie
S.A., Glencore Grain Ltd, Compagnie Continentale (France)
and the Commission of
the European Communities was
brought before the Court of Justice of the European Communi-
ties on 19 January 2001 by Compagnie Continentale (France),
represented by P.V.F. Bos and P. Chabrier, with an address for
service in Luxembourg at the Chambers of M. Loesch, 4 Rue
Carlo Hammer.

The appellant claims that the Court should:

— set aside the judgment of the Court of First Instance of

8 November 2000;

— annul the Commission’s decision of 1 April 1993;

Pleas in law and main arguments

The pleas in law and main arguments are similar to those in
Case C-24/01 P (1).

(1) See p. 4 of this Official Journal.

Action brought on 24 January 2001 by the Commission of
the European Communities against the United Kingdom

(Case C-30/01)

(2001/C 108/08)

An action against the United Kingdom was brought before the
Court of Justice of the European Communities on 24 January
2001 by the Commission of the European Communities,
represented by Mr R. Wainwright, acting as Agent, with an
address for service in Luxembourg.

The Applicant claims that the Court should:

by Directive

— declare that, by failing in respect of Gibraltar to adopt the
laws, regulations or administrative provisions necessary
to comply with Council Directive 67/548/EEC of 27 June
1967 on the approximation of laws, regulations and
administrative provisions in relation to the classification,
packaging and labelling of dangerous substances (1) as
88/302/EEC (2), Directive
amended
91/410/EEC (3), Directive 92/32/EEC (4), Directive 92/69/
EEC (5), Directive 93/21/EEC (6), Directive 93/67/EEC (7)
Directive 93/72/EEC (8), Directive 93/101/EC (9), Directive
93/105/EC (10), Directive 94/69/EC (11), Directive 96/54/
EC (12) and Directive 97/69/EC (13), Council Directive
87/18/EEC of 18 December 1986 on the harmonisation
of
the laws, regulations and administrative practice
relating to the application of good laboratory practice
and verification of their application for tests on chemical
substances (14), Council Directive 93/12/EEC of 23 March
1993 relating to the sulphur content of certain liquid
fuels (15) as amended by Directive 98/70/EC (16), Council
Directive 79/113/EEC of 19 December 1978 on the
approximation of the laws in the Member States relating
to the determination of the noise emission of construction
plant and equipment (17) as amended by Directive
81/1051/EEC (18) and Directive 85/405/EEC(19), Council
Directive 84/533/EEC of 17 September 1984 on the
approximation of the laws in the Member States relating

C 108/6

EN

Official Journal of the European Communities

7.4.2001

and picks (28)

to the permissible sound power level of compressors (20)
as amended by Directive 85/406/EEC(21), Council Direc-
tive 84/534/EEC of 17 September 1984 on the approxi-
mation of the laws in the Member States relating to the
permissible sound power level of tower cranes (22) as
amended by Directive 87/405/EEC (23), Council Directive
84/535/EEC of 17 September 1984 on the approxi-
mation of the laws in the Member States relating to the
permissible sound power level of welding generators (24)
as amended by Directive 85/407/EEC (25), Council Direc-
tive 84/536/EEC of 17 September 1984 on the approxi-
mation of the laws in the Member States relating to the
permissible sound power level of power generators (26) as
amended by Directive 85/408/EEC (27), Council Directive
84/537/EEC of 17 September 1984 on the approximation
of the laws in the Member States relating to the permiss-
ible sound power level of powered hand-held concrete-
breakers
amended by Directive
as
85/409/EEC (29), Council Directive 84/538/EEC of
17 September 1984 on the approximation of the laws in
the Member States relating to the permissible sound
power level of lawnmowers (30) as amended by Directive
87/252/EEC (31), Directive 88/180/EEC (32) and Directive
88/181/EEC (33), Council Directive 86/594/EEC of
1 December 1986 on airborne noise emitted by house-
hold appliances(34), Council Directive 86/662/EEC of
22 December 1986 on the limitation of noise emitted by
hydraulic excavators, rope-operated excavators, dozers,
loaders and excavator-loaders (35) as amended by Direc-
tive 89/514/EEC (36) and Directive 95/27/EC (37), Euro-
pean Parliament and Council Directive 94/62/EC of
20 December 1994 on packaging and packaging
waste (38) and Commission Directive 97/35/EC of 18 June
1997 (39) adapting to technical progress for the second
time Council Directive 90/220/EEC on the deliberate
release into the environment of genetically modified
organisms (40) or in any event by failing to inform the
Commission, the United Kingdom has failed to fulfil its
obligations under these directives

— order the United Kingdom to pay the costs.

Pleas in law and main arguments

The third paragraph of Article 249 of the EC Treaty provides
that directives are to be binding, as to the result to be achieved,
on each Member State to which they are addressed. The first
paragraph of Article 10 of the Treaty provides that Member
States are to take all appropriate measures, whether general or
particular, to ensure fulfilment of the obligations arising out
of the Treaty or resulting from action taken by the institutions
of the Community.

The United Kingdom has not notified the Commission of
the transposition into national
law of the aforementioned
directives to cover the territory of Gibraltar. The Commission
therefore maintains that the United Kingdom is in breach of
its obligations under the Treaty.

(1) OJ 196, 16.8.1967, p. 1 (SE SER1 67, p. 234).
(2) OJ L 133, 30.5.1988, p. 1.
(3) OJ L 228, 17.8.1991, p. 67.
(4) OJ L 154, 5.6.1992, p. 1.
(5) OJ L 383, 29.12.1992, p. 113.
(6) OJ L 110, 4.5.1993, p. 20.
(7) OJ L 227, 8.9.1993, p. 9.
(8) OJ L 258, 16.10.1993, p. 29.
(9) OJ L 13, 15.1.1994, p. 1.
(10) OJ L 294, 30.11.1993, p. 21.
(11) OJ L 381, 31.12.1994, p. 1.
(12) OJ L 248, 30.9.1996, p. 1.
(13) OJ L 343, 13.12.1997, p. 19.
(14) OJ L 15, 17.1.1987, p. 29.
(15) OJ L 74, 27.3.1993, p. 81.
(16) OJ L 350, 28.12.1998, p. 58.
(17) OJ L 33, 8.2.1979, p. 15.
(18) OJ L 376, 30.12.1981, p. 49.
(19) OJ L 233, 30.8.1985, p. 9.
(20) OJ L 300, 19.11.1984, p. 123.
(21) OJ L 233, 30.8.1985, p. 11.
(22) OJ L 300, 19.11.1984, p. 130.
(23) OJ L 220, 8.8.1987, p. 60.
(24) OJ L 300, 19.11.1984, p. 142.
(25) OJ L 233, 30.8.1985, p. 16.
(26) OJ L 300, 19.11.1984, p. 149.
(27) OJ L 233, 30.8.1985, p. 18.
(28) OJ L 300, 19.11.1984, p. 156.
(29) OJ L 233, 30.8.1985, p. 20.
(30) OJ L 300, 19.11.1984, p. 171.
(31) OJ L 117, 5.5.1987, p. 22.
(32) OJ L 81, 26.3.1988, p. 69.
(33) OJ L 81, 26.3.1988, p. 71.
(34) OJ L 344, 6.12.1986, p. 24.
(35) OJ L 384, 31.12.1986, p. 1.
(36) OJ L 253, 30.8.1989, p. 35.
(37) OJ L 168, 18.7.1995, p. 14.
(38) OJ L 365, 31.12.1994, p. 10.
(39) OJ L 169, 27.6.1997, p. 72.
(40) OJ L 117, 8.5.1990, p. 15.

Action brought on 1 February 2001 by the Portuguese
Republic against Commission of the European Communi-
ties

(Case C-42/01)

(2001/C 108/09)

The Commission considers that it follows from the provisions
of the EC Treaty and of the 1972 Act of Accession to the
Communities by Denmark, Ireland and the United Kingdom
that the United Kingdom is under an obligation to extend the
transposition of the directives referred to in its conclusions to
cover the territory of Gibraltar.

An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 1 February 2001 by the Portuguese Republic,
represented by L. Inês Fernandes and M.L. Duarte, acting as
Agents, and M. Marques Mendes, advogado, with an address
for service in Luxembourg.