Case C-376/01: Action brought on 28 September 2001 by the Commission of the European Communities against Ireland
Date: 2001-11-10
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, chemical product, labelling, marketing

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