Case C-133/01: Action brought on 22 March 2001 by the Commission of the European Communities against the Republic of Austria
Date: 2001-06-02
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, crop production, foodstuff, pesticide residue

2.6.2001

EN

Official Journal of the European Communities

C 161/9

Action brought on 22 March 2001 by the Commission
of the European Communities against the Republic of
Austria

Action brought on 22 March 2001 by the Commission
of the European Communities against the Republic of
Austria

(Case C-132/01)

(2001/C 161/16)

An action against the Republic of Austria was brought before
the Court of Justice of the European Communities on 22 March
2001 by the Commission of the European Communities,
represented by Gerald Braun, of its Legal Service, with an
address for service in Luxembourg at the office of Gerard
Berscheid, Legal Adviser in the Legal Service of the European
Commission, Wagner Centre C 254, Kirchberg.

The applicant claims that the Court should:

the laws,

(1) declare that, by failing within the prescribed time-limit to
regulations and administrative
adopt all
measures necessary in order to transpose into national
law the provisions of Council Directive 97/41/EC of
25 June 1997 (1) amending Directives 76/895/EEC,
86/362/EEC, 86/363/EEC and 90/642/EEC relating to the
fixing of maximum levels for pesticide residues in and
on, respectively, fruit and vegetables, cereals, foodstuffs
of animal origin, and certain products of plant origin,
including fruit and vegetables, the Republic of Austria
has failed to fulfil its obligations under the EC Treaty and
under the said directive;

(2) order the defendant to pay the costs.

Pleas in law and main arguments

The mandatory nature of the provisions of the third paragraph
of Article 249 and of the first paragraph of Article 10 EC is
such as to oblige Member States to adopt the measures
necessary in order fully to transpose directives which are
addressed to them into their national legal order prior to the
expiry of the time-limit prescribed for so doing. The time-limit
laid down in the first paragraph of Article 5 of the directive
expired on 31 December 1999, but Austria has not enacted
the requisite provisions.

(Case C-133/01)

(2001/C 161/17)

An action against the Republic of Austria was brought before
the Court of Justice of the European Communities on 22 March
2001 by the Commission of the European Communities,
represented by Gerald Braun, of its Legal Service, with an
address for service in Luxembourg at the office of Gérard
Berscheid, Legal Adviser in the Legal Service of the European
Commission, Wagner Centre C 254, Kirchberg.

The applicant claims that the Court should:

the laws,

(1) declare that, by failing within the prescribed time-limit to
adopt all
regulations and administrative
measures necessary in order to transpose into national
law the provisions of Commission Directive 98/82/EC of
27 October 1998(1) amending the Annexes to Council
Directives 86/362/EEC, 86/363/EEC and 90/642/EEC on
the fixing of maximum levels for pesticide residues in
and on cereals, foodstuffs of animal origin and certain
products of plant origin, including fruit and vegetables
respectively, the Republic of Austria has failed to fulfil its
obligations under the EC Treaty and under the said
directive;

(2) order the defendant to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are analogous to those
in Case C-132/01 (2); the time-limit for transposition prescribed
by Article 5(2) of the directive expired on 30 April 1999.

(1) OJ L 184, 1997, p. 33.

(1) OJ L 290, 1998, p. 25.
(2) See p. 9 of this Official Journal.