Case C-335/01: Action brought on 7 September 2001 by the Commission of the European Communities against the French Republic
Date: 2001-11-10
Institutions: Court of Justice
Subjects: European Commission, France, access to a profession, action for failure to fulfil an obligation, carriage of passengers, carrier

10.11.2001

EN

Official Journal of the European Communities

C 317/15

intended to facilitate for these operators the right to
freedom of establishment in national and international
transport operations (1), as regards the transportation of
passengers, or at any rate by failing to notify those
measures to the Commission, the French Republic has
failed to fulfil its obligations under that directive;

(2) order the French Republic to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those
advanced in Case C-323/01 (2); the time-limit for transposition
expired on 1 October 1999.

(1) OJ L 277 of 14.10.1998, p. 17.
(2) See page 12 of this Official Journal.

Reference for a preliminary ruling by the Verwaltungsge-
richt Frankfurt am Main by order of that court of 17 July
2001 in the ,case of Glencore Grain Rotterdam B.V.
against Bundesanstalt für Landwirtschaft und Ernährung

(Case C-334/01)

(2001/C 317/26)

Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgericht
Frankfurt am Main (Administrative Court, Frankfurt am Main)
of 17 July 2001, received at the Court Registry on 7 September
2001,
for a preliminary ruling in the case of Glencore
Grain Rotterdam B.V. v Bundesanstalt für Landwirtschaft und
Ernährung on the following question:

Should the second indent of the second subparagraph of
Article 8(2) of Commission Regulation (EC) No 2372/95 of
10 October 1995 (1) be
interpreted as meaning that
Article 47(2) of Commission Regulation (EEC) No 3665/87 of
27 November 1987 (2) must be simply applied by analogy, so
that the 12-month time-limit for supplying proof of import-
ation into the ACP State concerned does not begin to run until
the primary obligation imposed by that regulation, namely
importation into the ACP State, is fulfilled?

(1) OJ 1995 L 242, p. 3.
(2) OJ 1987 L 351, p. 1.

Action brought on 7 September 2001 by the Commission
of the European Communities against the Kingdom of
Belgium

Action brought on 7 September 2001 by the Commission
of the European Communities against the French Republic

(Case C-336/01)

(2001/C 317/28)

(Case C-335/01)

(2001/C 317/27)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 7 September
2001 by the Commission of the European Communities,
represented by M. Wolfcarius, acting as Agent, with an address
for service in Luxembourg.

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

(1) declare that, by fading to adopt all the laws, regulations
and administrative measures necessary in order to comply
with Council Directive 98/76/EC of 1 October 1998
amending Directive 96/26/EC on admission to the occu-
pation of road haulage operator and road passenger
transport operator and mutual recognition of diplomas,
certificates and other evidence of formal qualifications

An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on
7 September 2001 by the Commission of the European
Communities, represented by M. Wolfcarius, acting as Agent,
with an address for service in Luxembourg.

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

1.

declare that, by failing to adopt ale the laws, regulations
and administrative measures necessary in order to comply
with Directive 98/78/EC of the European Parliament and
of the Council of 27 October 1998 on the supplementary
supervision of insurance undertakings in an insurance
group (1), or at any rate by failing to notify those measures
to the Commission, the Kingdom of Belgium has failed
to fulfil its obligations under that directive;

2.

order Belgium to pay the costs.