Case C-374/01: Action brought on 27 September 2001 by the Commission of the European Communities against the United Kingdom
Date: 2001-11-10
Institutions: Court of Justice
Subjects: European Commission, United Kingdom, action for failure to fulfil an obligation, chemical product, labelling, marketing

10.11.2001

EN

Official Journal of the European Communities

C 317/21

Action brought on 24 September 2001 by the Com-
mission of the European Communities against Ireland

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

(Case C-365/01)

(2001/C 317/38)

An action against Ireland was brought before the Court of
Justice of the European Communities on 24 September 2001
by the Commission of the European Communities, represented
by Marie Wolfcarius, acting as agent, with an address for
service in Luxembourg.

The Applicant claims that the Court should:

— declare that by failing to notify the laws, regulations
or administrative provisions necessary to comply with
Commission Directive 1999/47/EC(1) of 21 May 1999
adapting for the second time to technical progress
Council Directive 94/55/EC on the approximation of the
laws of the Member States with regard to the transport of
dangerous goods by road, or in any event by failing to
inform the Commission of those measures, Ireland has
failed to fulfil its obligations under this Directive

— order Ireland to pay the costs.

Pleas in law and main arguments

Article 249 EC, under which a directive shall be binding, as to
the result to be achieved, upon each Member State, carries by
implication an obligation on the Member States to observe the
period for compliance laid down in the directive. That period
expired on 1 July 1999 without Ireland having enacted the
provisions necessary to comply with the directive referred to
in the conclusions of the Commission.

(1) OJ L 169, 5.7.1999, p. 1.

Action brought on 26 September 2001 by the Com-
mission of the European Communities against the Grand
Duchy of Luxembourg

(Case C-372/01)

(2001/C 317/39)

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
the
ties on 26 September 2001 by the Commission of
European Communities represented by M. Nolin, acting as
Agent, with an address for service in Luxembourg.

— Declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Council Directive 98/8/EC (1) of the European Parliament
and of the Council of 16 February 1998 concerning the
placing of biocidal products on the market, or at least by
failing to communicate them to the Commission, the
Grand Duchy of Luxembourg has failed to fulfil
its
obligations under that directive.

— Order the Grand Duchy of Luxembourg to pay the costs.

Pleas in law and main arguments

The mandatory nature of the third paragraph of Article 249
EC and the first paragraph of Article 10 EC requires that the
Member States adopt the measures necessary to implement
directives addressed to them by the deadline allowed them for
that purpose. The deadline in question expired on 14 May
1998 without
the Grand Duchy of Luxembourg having
adopted the necessary measures.

(1) OJ L 123 of 24.4.1998, p. 1.

Action brought on 27 September 2001 by the Com-
mission of the European Communities against the United
Kingdom

(Case C-374/01)

(2001/C 317/40)

An action against the United Kingdom was brought before the
Court of Justice of the European Communities on 27 Septem-
ber 2001 by the Commission of the European Communities,
represented by Richard Wainwright, acting as agent, with an
address for service in Luxembourg.

The Applicant requests that the Court should:

— declare that by failing to adopt the laws, regulations or
administrative provisions necessary before 14 May 2000
to comply with European Parliament and Council Direc-
tive 98/8/EC of 16 February 1998 concerning the placing
of biocidal products on the market (1), or in any event by
failing to communicate them to the Commission, the
United Kingdom has failed to fulfil its obligations under
that Directive;

— order the United Kingdom to pay the costs.

C 317/22

EN

Official Journal of the European Communities

10.11.2001

Pleas in law and main arguments

Article 249 EC under which a directive shall be binding as to
the result to be achieved, upon each Member State, carries by
implication an obligation on the Member States to observe the
period for compliance laid down in the directive. That period
expired on 14 May 2000 without the United Kingdom having
enacted the provisions necessary to comply with the directive
referred to in the conclusions of the Commission.

(1) OJ L 123, 24.4.1998, p. 1-63.

Action brought on 28 September 2001 by the Com-
the
mission of

the European Communities against

Kingdom of Belgium

(Case C-377/01)

(2001/C 317/42)

An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on
28 September 2001 by the Commission of the European
Communities, represented by G. Valero Jordana and J. Adda,
acting as Agents, with an address for service in Luxembourg.

Action brought on 28 September 2001 by the Com-
mission of the European Communities against Ireland

The Commission claims that the Court should declare that:

(Case C-376/01)

(2001/C 317/41)

An action against Ireland was brought before the Court of
Justice of the European Communities on 28 September 2001
by the Commission of the European Communities, represented
by Richard Wainwright, acting as agent, with an address for
service in Luxembourg.

The Applicant requests that the Court should:

— declare that by failing to adopt the laws, regulations or
administrative provisions necessary before 14 May 2000
to comply with European Parliament and Council Direc-
tive 98/8/EC of 16 February 1998 concerning the placing
of biocidal products on the market (1), or in any event by
failing to communicate them to the Commission, Ireland
has failed to fulfil its obligations under that Directive;

— order Ireland to pay the costs.

Pleas in law and main arguments

Article 249 EC under which a directive shall be binding as to
the result to be achieved, upon each Member State, carries by
implication an obligation on the Member States to observe the
period for compliance laid down in the directive. That period
expired on 14 May 2000 without Ireland having enacted the
provisions necessary to comply with the directive referred to
in the conclusions of the Commission.

(1) OJ L 123, 24.4.1998, p. 1-63.

— by virtue of the failure of the competent Belgian auth-
orities, whichever they may be, to adopt the measures
necessary to ensure the transposition of Articles 5(c) and
(e) and 6(1) of Directive 79/409/EEC (1) with regard to
so-called ‘non-indigenous’ species covered by Directive
79/409/EEC, where the transactions governed by the
above mentioned provisions of the directive are not
import, export or transit, or if those measures have be on
adopted, by virtue of their failure to communicate them
to the Commission, and

and (e)

— by virtue of the Federal State’s failure to adopt the
provisions necessary to ensure the transposition of
Articles 5(c)
and 6(1) of Directive
79/409/EEC with regard to the import, export and
transit of so-called ‘non-indigenous’ species covered
by Directive 79/409/EEC, where they are one of the
transactions governed by those provisions of the
directive, namely the: keeping of birds and eggs, and
the sale, transport for sale, keeping for sale and the
offering for sale of live or dead birds and of any
readily recognisable parts or derivatives of such
birds, or, if those measures had been adopted, by
virtue of its failure to communicate them to the
Commission,

— the Kingdom of Belgium has failed to fulfil

its
obligations under Council Directive 79/409/EEC of
2 April 1979 on the conservation of wild birds, and
in particular Articles 5(c) and (e) and 6(1) thereof,
inasmuch as those provisions have not been adopted
by the competent Belgian authorities, or its obli-
gations under Article 18, inasmuch as those pro-
visions, even if adopted, have not been communi-
cated to the Commission by the competent Belgian
authorities;

— order the Kingdom of Belgium to pay the costs