Case C-115/02: Reference for a preliminary ruling by the Cour de cassation, chambre commerciale, financiere et economique by judgment of that Court of 26 March 2002 in the case of Administration des Douanes et Droits Indirects against Rioglass SA and Transremar SL
Date: 2002-06-01
Institutions: Court of Justice
Subjects: France, Poland, customs duties, intellectual property, interpretation of the law

1.6.2002

EN

Official Journal of the European Communities

C 131/9

Action brought on 27 March 2002 by the Commission of
the European Communities against the French Republic

(Case C-114/02)

(2002/C 131/15)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 27 March
2002 by the Commission of the European Communities,
represented by L. Ström, acting as Agent, with an address for
service in Luxembourg.

The Commission of the European Communities claims that
the Court should:

— declare that, by failing to adopt all the laws, regulations
and administrative measures necessary in order to comply
with Directive 98/8/EC of the European Parliament and
of the Council of 16 February 1998 concerning the
placing of biocidal products on the market (1), or at any
rate by failing to communicate the same, the French
Republic has failed to fulfil its obligations under that
directive;

— order the French Republic to pay the costs.

Pleas in law and main arguments

The Commission claims that only a small part of Directive
98/8/EC has been transposed. France has communicated
transposition measures in respect of Article 3(1), (2), (3) and
(6) and Articles 5, 6, 7 and 9 of the directive. The obligations
imposed by the directive which required to be transposed but
have not been transposed or, at any rate, have not been
communicated, therefore include transposition measures in
respect of Article 3(4), (5) and (7) and Articles 4, 8, 11, 12, 14,
17, 18, 19, 20, 21, 22, 23, 25 and 26 of the directive. The
time-limit for transposition expired on 13 May 2000.

(1) OJ L 123 of 24.4.1998, p. 1.

Reference for a preliminary ruling by the Cour de
cassation, chambre commerciale, financiere et econo-
mique by judgment of that Court of 26 March 2002 in the
case of Administration des Douanes et Droits Indirects
against Rioglass SA and Transremar SL

(Case C-115/02)

(2002/C 131/16)

Reference has been made to the Court of Justice of the
European Communities by judgment of the Cour de cassation,
chambre commerciale, financiere et economique (Court of
Cassation, Commercial, Financial and Economic Chamber) of
26 March 2002, received at the Court Registry on 29 March
2002, for a preliminary ruling in the case of Administration
des Douanes et Droits Indirects against Rioglass SA and
Transremar SL on the following question:

Must Article 30 of the EC Treaty, (now, after amendment,
Article 28 EC) be interpreted as meaning that it precludes
the implementation, pursuant to the Code de la Propriété
Intellectuelle, of procedures for the detention by the customs
authorities of goods lawfully manufactured in a Member State
of the European Community which are intended, following
their transit through French territory, to be placed on the
market in a non-member country, in the present case Poland?

Action brought on 3 April 2002 by the Commission of
the European Communities against the Hellenic Republic

(Case C-119/02)

(2002/C 131/17)

An action against the Hellenic Republic was brought before
the Court of Justice of the European Communities on 3 April
2002 by the Commission of the European Communities,
represented by Gregorio Valero Jordana and Minas Konstantin-
idis, Legal Advisers.

The Commission claims that the Court should:

— declare that, by not adopting measures to instal a
collecting system for urban waste water from the area of
Thriasio Pedio and not subjecting urban waste water from
that area to more stringent secondary treatment before
its discharge into the ‘sensitive area’ of the Bay of Elefsina,
the Hellenic Republic has failed to fulfil its obligations
under Articles 3(1) and 5(2) of Council Directive 91/
271/EEC (1) concerning urban waste-water treatment, as
amended by Commission Directive 98/15/EC (2) of