Case C-435/01: Action brought on 12 November 2001 by the Commission of the European Communities against the Kingdom of Belgium
Date: 2002-01-19
Institutions: Court of Justice
Subjects: Belgium, EU environmental policy, European Commission, action for failure to fulfil an obligation, pollution control measures

C 17/8

EN

Official Journal of the European Communities

19.1.2002

residing in Frankfurt am Main, Marc van de Velde, member of
staff of the European Central Bank, residing in Usingen-
Kransberg, Germany, and Maria Concetta Cerafogli, member
of staff of the European Central Bank, residing in Frankfurt am
Main, represented by N. Pflüger, R. Steiner and S. Mittländer
— appeal against the order of the Court of First Instance of
the European Communities (Fourth Chamber) of 24 October
2000 in Case T-27/00 Staff Committee of the ECB and Others
v ECB [2000] ECR-SC I-A-217 and II-987, seeking to have
that order set aside, the other party to the proceedings being
European Central Bank (Agents: C. Zilioli, V. Saintot and
M. Lo´ pez Torres) — the Court (Third Chamber), composed of:
C. Gulmann, President of the Chamber, F. Macken (Rapporteur)
and J.N. Cunha Rodrigues, Judges; P. Léger, Advocate General;
R. Grass, Registrar, has made an order on 13 September 2001,
the operative part of which is as follows:

1.

2.

The appeal is dismissed.

The Staff Committee of the European Central Bank, Mr Priese-
mann, Mr Van de Velde and Ms Cerafogli shall pay the costs.

(1) OJ C 61 of 24.2.2001.

A) Do Article 39 EC (formerly Article 48 of the EC Treaty)
and Articles 1 and 4 of Regulation (EEC) No 1612/68 (1)
of the Council of 15 October 1968 on freedom of
movement for workers within the Community permit a
Member State to reserve the posts of captain and first
officer of its merchant ships to its own nationals? If the
reply is in the affirmative, may that reservation be
formulated in absolute terms (for all types of merchant
ships) or is it valid only in cases in which it is foreseeable
and reasonable that it may be necessary for captains and
first officers on board actually to carry out certain public
duties?

B)

If the national provisions of a Member State exclude from
the reservation of those posts to its nationals certain
commercial shipping situations (defined on the basis of
factors such as the gross tonnage of the ship, the cargo
or number of passengers and the characteristics of its
voyages) and, in those situations, allow citizens of other
Member States of the European Union to have access to
the posts in question, may that access be made subject to
the condition of reciprocity?

(1) OJ English Special Edition 1968(II) P. 475.

Action brought on 12 November 2001 by the Com-
the
mission of

the European Communities against

Kingdom of Belgium

Reference for a preliminary ruling by the Third Division
of the Sala De Lo Contencioso-administrativo by order of
that court of 4 October 2001 in the case of Colegio de
Oficiales de la Marina Mercante Espan˜ ola, the State
Administration and Asociacio´ n de Navieros Espan˜ oles
(ANAVE)

(Case C-435/01)

(2002/C 17/13)

(Case C-405/01)

(2002/C 17/12)

An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on
12 November 2001 by the Commission of the European
Communities, represented by H. van Lier, acting as Agent.

The applicant claims that the Court should:

Reference has been made to the Court of Justice of the
European Communities by an order of the Third Division of
the Sala De Lo Contencioso-administrativo (Chamber for
Contentious-Administrative Proceedings), which was received
at the Court Registry on 15 October 2001, for a preliminary
ruling in the case of Colegio de Oficiales de la Marina Mercante
Espan˜ ola, the State Administration and Asociacio´ n de Navieros
Espan˜ oles (ANAVE), on the following questions:

1.

declare that, by failing within the time-limits prescribed
to adopt all the laws, regulations and administrative
provisions necessary to comply fully and correctly with
Council Directive 96/61/EC of 24 September 1996 (1)
concerning integrated pollution prevention and control,
or at any rate to notify the same to the Commission, the
Kingdom of Belgium has failed to fulfil its obligations
under that directive;

19.1.2002

EN

Official Journal of the European Communities

C 17/9

2.

order the Kingdom of Belgium to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The binding nature of the third paragraph of Article 249 EC is
such as to require Member States to whom directives are
addressed to adopt the measures needed to comply with them
before the expiry of the time-limit prescribed in such directives.
The time-limit prescribed in Article 21(1) of Directive 96/61
expired on 30 October 1999 but the Kingdom of Belgium has
not adopted the requisite provisions.

The pleas in law and main arguments are analogous to those
in Case C-435/01 (3); the time-limit prescribed in Article 2 of
Directive 98/81/EC expired on 5 June 2001.

(1) OJ 1999 L 93, p. 27.
(2) OJ 1990 L 117, p. 1.
(3) See page 8 of this Official Journal.

(1) OJ 1996 L 257, p. 26.

Action brought on 20 November 2001 by the Com-
mission of the European Communities against the Hellen-
ic Republic

(Case C-450/01)

(2002/C 17/15)

Action brought on 12 November 2001 by the Com-
the
mission of

the European Communities against

Kingdom of Belgium

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 20 No-
vember 2001 by the Commission of the European Communi-
ties, represented by Maria Kondou-Durande, Legal Adviser.

(Case C-436/01)

(2002/C 17/14)

An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on
12 November 2001 by the Commission of the European
Communities, represented by H. van Lier, acting as Agent.

The Commission claims that the Court should:

— declare that, by not adopting within the time-limit laid
down the laws, regulations and administrative provisions
necessary
to comply with Commission Directive
1999/8/EC (1) of 18 February 1999 amending Council
Directive 66/402/EEC on the marketing of cereal seed,
the Hellenic Republic has failed to fulfil its obligations
under the Treaty and that directive;

— order the Hellenic Republic to pay the costs.

The applicant claims that the Court should:

Pleas in law and main arguments

1.

declare that, by failing within the time-limits prescribed
to adopt all the laws, regulations and administrative
provisions necessary to comply with Council Directive
98/81/EC (1) of 26 October 1998 amending Directive
90/219/EEC (2) on the contained use of genetically modi-
fied micro-organisms, or at any rate to notify the same to
the Commission, the Kingdom of Belgium has failed to
fulfil its obligations under that directive;

2.

order the Kingdom of Belgium to pay the costs.

In accordance with the third paragraph of Article 249 EC,
directives are binding, as to the result to be achieved, upon
each Member State to which they are addressed.

Under the first paragraph of Article 10 EC, Member States are
to take all appropriate measures, whether general or particular,
to ensure fulfilment of the obligations arising out of the Treaty
or resulting from action taken by the institutions of the
Community.