Case C-118/01: Action brought on 16 March 2001 by the Commission of the European Communities against the French Republic
Date: 2001-05-05
Institutions: Court of Justice
Subjects: European Commission, France, action for failure to fulfil an obligation, animal nutrition, food additive, food inspection

5.5.2001

EN

Official Journal of the European Communities

C 134/11

Question 2

Pleas in law and main arguments

Does the fact that the office of departure did not follow an
administrative instruction for the transmission of information
laid down in the Customs Code Committee (early warning
system) or that the authorities in the office of departure can be
criticised for failure to notify in good time have any bearing
on the answer to Question 1?

(1) Council Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code (OJ 1992 L 302,
p. 1).

(2) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying
down provisions for the implementation of Council Regulation
(EEC) No 2913/92 (OJ 1993 L 253, p. 1).

The mandatory nature of the provisions of Articles 10 and
249 EC is such as to oblige Member States to adopt the
measures necessary in order to transpose directives which are
addressed to them into their national legal order prior to the
expiry of the time-limits prescribed for so doing. Those time-
limits, laid down in Article 5 of Directive 1999/20/EC and in
Article 2 of Directive 96/51/EC, expired on 30 September and
1 October 1999 respectively.

(1) OJ L 80 of 25.3.1999, p. 20.
(2) OJ L 235 of 17.9.1996, p. 39.

Action brought on 16 March 2001 by the Commission of
the European Communities against the French Republic

Action brought on 19 March 2001 by Commission of the
European Communities against Finland

(Case C-118/01)

(2001/C 134/17)

(Case C-119/01)

(2001/C 134/18)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 16 March
2001 by the Commission of the European Communities,
represented by A. Bordes, acting as Agent, with an address for
service in Luxembourg.

An action against Finland was brought before the Court of
Justice of the European Communities on 19 March 2001 by
the Commission of the European Communities, represented
by Lena Ström, acting as Agent, with an address for service in
Luxembourg at the office of Carlos Go´ mez de la Cruz, Wagner
Center, Kirchberg, Luxembourg.

The Commission of the European Communities claims that
the Court should:

The Commission claims that the Court should:

1.

declare that, by failing to bring into force within the
prescribed time-limits the laws, regulations and adminis-
trative measures necessary in order to comply with:

— Council Directive 1999/20/EC of 22 March 1999
amending Directives 70/524/EEC concerning addi-
tives in feedingstuffs, 82/471/EEC concerning cer-
tain products used in animal nutrition, 95/53/EC
fixing the principles governing the organisation of
official inspections in the field of animal nutrition
and 95/69/EC laying down the conditions and
arrangements for approving and registering certain
establishments and intermediaries operating in the
animal feed sector (1);

— Council Directive 96/51/EC of 23 July 1996
amending Directive 70/524/EEC concerning addi-
tives in feedingstuffs (2),

the French Republic has failed to fulfil its obligations
under the abovementioned directives and under the third
paragraph of Article 249 and the first paragraph of
Article 10 of the EC Treaty;

2.

order the French Republic to pay the costs.

— declare that, by failing to adopt all the laws, regulations,
and administrative provisions necessary to implement
Directive 96/61/EC (1) concerning integrated pollution
prevention and control with regard to the province of
Åland, or in any case by failing to communicate them to
the Commission, Finland has failed to fulfil its obligations
under the directive;

— order Finland to pay the costs.

Pleas in law and main arguments

The period for implementing the directive expired on 30 Octo-
ber 1999. As regards the province of Åland the Commission
was informed that a provincial law on the protection of the
environment and environmental planets was adopted by the
Lagtinget, but that it does not depend upon the Finnish
president’s ratification.

(1) Text of 24.9.1996 (OJ L 257 of 10.10.1996, p. 26).