Case C-377/01: Action brought on 28 September 2001 by the Commission of the European Communities against the Kingdom of Belgium
Date: 2001-11-10
Institutions: Court of Justice
Subjects: Belgium, European Commission, action for failure to fulfil an obligation, bird, environmental protection, wildlife

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

10.11.2001

EN

Official Journal of the European Communities

C 317/23

Pleas in law and main arguments

The applicant claims that the Court should

The Commission submits that the provisions of Articles 5(c)
and (e) and 6(1) of the directive apply equally to live or dead
birds and to readily recognisable parts or derivatives of birds
and to their eggs which a person keeps on the territory of the
legislating Member State and which have been killed, captured
or otherwise acquired, or of which that person has obtained
possession by any other means in a Member State other than
the legislating Member State, subject to Articles 1 and 9 as
regards the prohibition on keeping refered to in Article 5(c)
and (e), and subject to Article 6(2) as regards the acts referred
to in Article 6(1) of the directive. Consequently, Articles 5(c)
and (e) and 6(1) of the directive apply to species and subspecies
of birds naturally occurring in the wild state in the European
territory of the Member States to which the Treaty applies,
even though not naturally occurring in the wild state in
Belgium, and also to subspecies of birds naturally occurring in
the wild state only outside the European territory of the
Member States where the species to which they belong or
other subspecies of that species occur naturally in the wild
state in the territory in question.

The period for transposing the directive expired on 16 April
1981.

(1) Council Directive 79/409/EEC of 2 April 1979 on the conser-

vation of wild birds (OJ L 103 of 25.04.1979, p. 1).

1. Declare that, by failing to adopt and bring into force
within the prescribed period the laws, regulations and
administrative provisions necessary to comply with
Directive 98/7/EC of the European Parliament and of
the Council of 16 February 1998 amending Directive
87/102/EEC for the approximation of the laws, regu-
lations and administrative provisions of the Member
States concerning consumer credit (1), or, in any event, by
failing to communicate such provisions to the Com-
mission, the Kingdom of Spain has failed to fulfil its
obligations under Article 2(1) of that directive;

2. Order the Kingdom of Spain to pay the costs.

Pleas in law and main arguments

According to Article 2(1) of the directive, the Kingdom of
Spain was to have brought into force the provisions necessary
to comply with it no later than 21 April 2001 and inform the
Commission immediately thereof.

(1) OJ 1998 L 101, p. 17.

Removal from the register of Case C-412/00 (1)

(2001/C 317/44)

By order of the President of the Court of Justice of the
European Communities has ordered the removal from the
register of Case C-412/00: Commission of the European
Communities v Portuguese Republic.

Action brought on 8 October 2001 by the Commission
of the European Communities against the Kingdom of
Spain

(1) OJ C 28 of 27.1.2001.

(Case C-386/01)

(2001/C 317/43)

An action against the Kingdom of Spain was brought before
the Court of Justice of the European Communities on 8 Octo-
ber 2001 by the Commission of the European Communities,
represented by I. Martı´nez del Peral, acting as Agent, with an
address for service in Luxembourg at the office of L. Escobar,
Wagner Centre C 254.

Removal from the register of Case C-414/00 (1)

(2001/C 317/45)

By order of 10 September 2001 the President of the Fourth
Chamber of the Court of Justice of the European Communities
has ordered the removal from the register of Case C-414/00:
Commission of
the European Communities v Portuguese
Republic.

(1) OJ C 28 of 27.1.2001.