Case C-51/02: Action brought on 19 February 2002 by the Commission of the European Communities against Ireland
Date: 2002-04-20
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, approximation of laws, commercial vehicle, diesel fuel, motor vehicle, roadworthiness tests, transport regulations

20.4.2002

EN

Official Journal of the European Communities

C 97/5

Pleas in law and main arguments

Pleas in law and main arguments are similar to those put
forward in Case C-44/02 (2); the time-limit for transposition
expired on 21 December 2000.

(1) OJ 2000 L 173, p. 1.
(2) See page 4 of this OJ.

Action brought on 20 February 2002 by the Commission
of the European Communities against the United King-
dom

(Case C-52/02)

(2002/C 97/11)

Action brought on 19 February 2002 by the Commission
of the European Communities against Ireland

(Case C-51/02)

(2002/C 97/10)

An action against Ireland was brought before the Court of
Justice of the European Communities on 19 February 2002 by
the Commission of the European Communities, represented
by Marie Wolfcarius and Michael Shotter, acting as Agents,
with an address for service in Luxembourg.

The Applicant claims that the Court should:

1)

declare that by failing to adopt the laws, regulations
or administrative provisions necessary to comply with
Commission Directive 1999/52/EC(1) of 26 May 1999
adapting
to technical progress Council Directive
96/96/EC (2) on the approximation of the laws of the
Member States relating to roadworthiness tests for motor
vehicles and their trailers, or in any event by failing to
inform the Commission of those measures, Ireland has
failed to fulfil its obligations under that Directive;

2)

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 October 2000 without Ireland having enacted
the provisions necessary to comply with the directive referred
to in the conclusions of the Commission.

(1) OJ L 142, 5.6.1999, p. 26.
(2) of 20 December 1996 (OJ L 46, 17.2.1997, p. 1).

An action against the United Kingdom was brought before the
Court of Justice of the European Communities on 20 February
2002 by the Commission of the European Communities,
represented by Michael Shotter, acting as Agent, with an
address for service in 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 2000/71/EC (1) of 7 November 2000 to adapt
the measuring methods as laid down in Annexes I, II,
III and IV to Directive 98/70/EC (2) of the European
Parliament and of the Council to technical progress as
foreseen in Article 10 of that Directive or, in any event,
by failing to notify such provisions to the Commission,
the United Kingdom of Great Britain and Northern Ireland
its obligations under Article 2(1)
has failed to fulfil
and 2(2) of this Directive;

2)

order the United Kingdom 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 January 2001 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 287, 14.11.2000, p. 46.
(2) of 13 October 1998 (OJ L 350, 28.12.1998, p. 58).