Case C-131/02: Action brought on 9 April 2002 by the Commission of the European Communities against the Republic of Austria
Date: 2002-06-01
Institutions: Court of Justice
Subjects: Austria, European Commission, action for failure to fulfil an obligation, animal product, cereals, crop production, foodstuff, pesticide residue

C 131/12

EN

Official Journal of the European Communities

1.6.2002

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

The Commission claims that the Court should:

— declare that, by failing to communicate to the Com-
mission any information concerning the quality of bath-
ing waters in France for the 1999 bathing season, the
French Republic has failed to fulfil its obligations under
Article 13 of Council Directive 76/160/EEC of 8 Decem-
ber 1975 concerning the quality of bathing water (1);

— order the French Republic to pay the costs.

Pleas in law and main arguments

The Commission considers that the social conflict giving rise
to the omission which has been established cannot justify that
omission. Although, according to a general principle common
to the laws of the Member States, force majeure is deemed to
arise in the event of an occurrence possessing, simultaneously,
the characteristics of being beyond the control of the State,
being unforeseeable and being irresistible in its effects, the
social conflict in issue here does not fulfil those criteria. The
fact that checks continued to be carried out on the ground, in
accordance with the requirements of the directive, cannot
absolve France of its obligations under Article 13 of the
directive, which has its own particular purpose. The Com-
mission further notes that, as at the expiry of the period stated
in the reasoned opinion, the French authorities had not sent
the Commission any information concerning the quality of
bathing waters in France for the 1999 bathing season, and that
it had still not done so as at the date of the present application.

(1) OJ L 31 of 5.2.1976, p. 1.

Action brought on 9 April 2002 by the Commission
of the European Communities against the Republic of
Austria

(Case C-131/02)

(2002/C 131/22)

An action against the Republic of Austria was brought before
the Court of Justice of the European Communities on 9 April
2002 by the Commission of the European Communities,
represented by Gerald Braun, of the Legal Service of the
Commission of the European Communities, with an address
for service in Luxembourg at the office of Luis Escobar
Guerrero, of its Legal Service, Wagner Centre C 254, Kirchberg.

1. Declare that, by failing to adopt the laws, regulations
and administrative provisions necessary to comply with
Commission Directive 2000/24/EC (1) of 28 April 2000
amending the Annexes to Council Directives 76/895/
EEC, 86/362/EEC, 86/363/EEC and 90/642/EEC on the
fixing of maximum levels for pesticide residues in and on
cereals, foodstuffs of animal origin and certain products
of plant origin, including fruit and vegetables respectively,
the Republic of Austria has failed to fulfil its obligations
under the EC Treaty;

2. Order the defendant to pay the costs.

Pleas in law and main arguments

In view of the binding nature of the provisions of the third
paragraph of Article 249 EC and of the first paragraph of
Article 10 EC, the Member States to which a directive is
addressed are obliged to transpose it into national law in such
a way that it becomes fully effective on expiry of the period
for transposition. The period prescribed in Article 5(2) of the
directive expired on 31 December 2000 without the Republic
of Austria having adopted the necessary provisions.

(1) OJ L 107, 2000, p. 28.

Action brought on 9 April 2002 by the Commission
of the European Communities against the Kingdom of
Belgium

(Case C-132/02)

(2002/C 131/23)

An action against the Kingdom of Belgium was brought before
the Court of Justice of the European Communities on 9 April
2002 by the Commission of the European Communities,
represented by M. Patakia, acting as Agent, with an address for
service in Luxembourg.

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

(1) declare that, by failing to adopt all the laws, regulations
and administrative measures necessary in order to comply
with Directive 98/5/EC of the European Parliament and
of the Council of 16 February 1998 to facilitate practice
of the profession of lawyer on a permanent basis in a
Member State other than that in which the qualification
was obtained (1), the Kingdom of Belgium has failed to
fulfil its obligations under that directive;