Case C-324/01: Action brought on 28 August 2001 by the Commission of the European Communities against the Kingdom of Belgium
Date: 2001-10-13
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, protection of animal life, protection of plant life, wildlife

C 289/18

EN

Official Journal of the European Communities

13.10.2001

Action brought on 14 August 2001 by the Commission
of the European Communities against the Kingdom of
Belgium

wright and Joëlle Adda, acting as Agents, with an address for
service in Luxembourg.

(Case C-319/01)

(2001/C 289/34)

An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities
on 14 August 2001 by the Commission of the European
Communities, represented by Götz zur Hausen and Joelle
Adda, acting as Agents.

The applicant claims that the Court should:

— Declare that, by failing to adopt and bring into force
within the prescribed period the laws, regulations and
administrative provisions necessary to comply with
Council Directive 97/11/EC of 3 March 1997 amending
Directive 85/337/EEC on the assessment of the effects of
certain public and private projects on the environment (1),
the Kingdom of Belgium has failed to fulfil its obligations
under that directive;

— Order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The mandatory nature of the provisions of the third paragraph
of Article 249 and the first paragraph of Article 10 of the EC
Treaty requires Member States to adopt the measures necessary
to transpose directives addressed to them into their domestic
law in such a way that, before the expiry of the period
prescribed for doing so, they are fully effective. That period,
which is laid down in Article 3(1) of Directive 97/11/EC,
expired on 14 March 1999 without Belgium having
implemented all its provisions throughout the national terri-
tory.

(1) OJ 1997 L 73, p. 5.

The applicant claims that the Court should:

— declare that, by omitting to take all the measures necess-
ary in order to ensure the full and proper transposition
of Articles 1, 4(5), 5(4), 6, 7, 12, 13, 14, 15, 16(1), 22(b)
and (c) and 23(2), in conjunction with Annexes II, IV, V
and VI, of Council Directive 92/43/EEC of 21 May 1992
on the conservation of natural habitats and of wild fauna
and flora (1), the Kingdom of Belgium has failed to comply
with its obligations under that directive and under the
third paragraph of Article 249 of the Treaty establishing
the European Community;

— order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

The Commission observes that the time-limit for transposition
of the directive expired on 5 June 1994 without Belgium
having transposed, by means of provisions establishing a
precise legal framework, the provisions listed above, save as
regards the ‘Bruxelles-Capitale’ region, which on 26 October
2000 adopted a decree with regard to the conservation of
natural habitats and wild fauna and flora. As regards the
concepts defined in Article 1 of the directive, these need to be
transposed on account of their importance for the purposes of
interpreting the other provisions of the directive. Lastly, as
regards Articles 15 and 16(1) of the directive, the Commission
considers that a Member State may not decline to transpose
those provisions unless it has waived in advance its right to
avail itself of the derogation possibilities afforded therein.

(1) OJ L 206 of 22.7.1992, p. 7.

Action brought on 28 August 2001 by the Commission
of the European Communities against the Kingdom of
Belgium

(Case C-324/01)

(2001/C 289/35)

Removal from the register of Case C-224/99 (1)

(2001/C 289/36)

By order of 19 July 2001 the President of the Court of Justice
of the European Communities has ordered the removal from
the register of Case C-224/99: Commission of the European
Communities v French Republic.

An action against the Kingdom of Belgium was brought before
the Court of Justice on 28 August 2001 by the Commission
of the European Communities, represented by Richard Wain-

(1) OJ C 226 of 7.8.1999.