Case C-346/01: Action brought on 13 September 2001 by the Commission of the European Communities against the Federal Republic of Germany
Date: 2001-11-24
Institutions: Court of Justice
Subjects: European Commission, Germany, action for failure to fulfil an obligation, bio-industry, genetically modified organism, occupational safety, preparation for market

24.11.2001

EN

Official Journal of the European Communities

C 331/9

Pleas in law and main arguments

Pleas in law and main arguments

As a result of the fact that directives are binding in nature
pursuant to the third paragraph of Article 249 EC and the first
paragraph of Article 10 EC, the Member States to which a
directive is addressed are bound to transpose the provisions in
the directive into domestic law so that they are fully effective
by the time the deadline for transposition expires. That
deadline expired on 5 June 2000 without Austria having
adopted the requisite provisions.

The pleas in law and main arguments are the same as those in
Case C-345/01 (2).

(1) OJ L 330 of 5.12.1998, p. 13.
(2) See p. 8 of this Official Journal.

(1) OJ 1998 L 330, p. 13.
(2) OJ 1990 L 117, p. 1.

Action brought on 13 September 2001 by the Com-
mission of the European Communities against the Federal
Republic of Germany

(Case C-347/01)

(2001/C 331/14)

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 13 September 2001 by the Commission of
the
European Communities represented by Götz zur Hausen, a
legal adviser in the Legal Service of the Commission of
the European Communities, with an address for service in
Luxembourg at the office of Luis Escobar Guerrero, a member
of the Legal Service of the European Commission, Wagner
Centre C 254, Kirchberg, Luxembourg.

The applicant claims that the Court should:

1. Declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
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 Federal
Republic of Germany has failed to fulfil its obligations
under Article 34(1) of that directive.

2. Order the Federal Republic of Germany to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are the same as those in
Case C-345/01 (2): the deadline for transposition expired on
14 May 2000.

(1) OJ L 123 of 24.4.1998, p. 1.
(2) See p. 8 of this Official Journal.

Action brought on 13 September 2001 by the Com-
mission of the European Communities against the Federal
Republic of Germany

(Case C-346/01)

(2001/C 331/13)

An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-
ties on 13
September 2001 by the Commission of the
European Communities represented by Götz zur Hausen, a
legal adviser in the Legal Service of the Commission of
the European Communities, with an address for service in
Luxembourg at the office of Luis Escobar Guerrero, a member
of the Legal Service of the European Commission, Wagner
Centre C 254, Kirchberg, Luxembourg.

The applicant claims that the Court should:

1. Declare that, by failing to adopt the laws, regulations and
administrative provisions necessary in order to comply
with Council Directive 98/81/EEC (1) of 26 October 1998
amending Directive 90/219/EEC on the contained use of
genetically modified micro-organisms, or at
least by
failing to inform the Commission thereof, the Federal
Republic of Germany has failed to fulfil its obligations
under Article 2(1) of that Directive.

2. Order the Federal Republic of Germany to pay the costs.