Case C-310/02: Action brought on 2 September 2002 by the Commission of the European Communities against the United Kingdom
Date: 2002-10-12
Institutions: Court of Justice
Subjects: Gibraltar, United Kingdom, action for failure to fulfil an obligation, dangerous substance, labelling, national implementing measure, packaging

12.10.2002

EN

Official Journal of the European Communities

C 247/11

Pleas in law and main arguments

The pleas in law and main arguments are similar to those put
forward in Case C-307/02.

Action brought on 4 September 2002 by the Commission
the Hellenic
of

the European Communities against

Republic

( 1) OJ 2000 L 103, p. 70.

(Case C-311/02)

(2002/C 247/19)

Action brought on 2 September 2002 by the Commission
the United
of

the European Communities against

Kingdom

(Case C-310/02)

(2002/C 247/18)

An action against the Hellenic Republic was brought before the
Court of Justice of the European Communities on 4 September
2002 by the Commission of the European Communities,
represented by F. Franca and M. Konstantinidis, with an address
for service in Luxembourg.

An action against the United Kingdom was brought before the
Court of Justice of the European Communities on 2 September
2002 by the Commission of the European Communities,
represented by Lena Ström and Xavier Lewis, acting as agents,
with an address for service in Luxembourg.

The Applicant claims that the Court should:

1)

declare that by failing to adopt for Gibraltar the laws,
regulations and administrative provisions necessary to
comply with Commission Directive 98/98/EC (1) of
15 December 1998 adapting to technical progress for the
25th time the Council Directive 67/548/EEC on the
approximation of the laws, regulations and administrative
provisions relating to the classification, packaging and
labelling of dangerous substances, or in any event, by
failing to notify such provisions to the Commission the
United Kingdom has failed to fulfil its obligations under
that Directive;

2)

order the United Kingdom to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are analogous to those
in case C-305/02 (2). Moreover, the Commission considers that
the exclusion of the customs and commercial policy provisions
as set out in the Act of Accession with regard to Gibraltar does
not exclude the application of Article 95 of the EC Treaty and
secondary legislation adopted thereunder.

( 1) OJ L 355, 30.12.1998, p. 1.
( 2) See p. 9 of the present Official Journal.

The Commission claims that the Court should:

— declare that, by failing to adopt or, in the alternative, to
notify to the Commission, within the time-limit laid
down, the laws, regulations and administrative provisions
necessary to comply fully with Directive 98/27/EC of the
European Parliament and of the Council of 19 May
1998 (1) on injunctions for the protection of consumers’
interests, the Hellenic Republic has failed to fulfil
its
obligations under the EC Treaty;

— order the Hellenic Republic to pay the costs.

Pleas in law and main arguments

— infringement of the third paragraph of Article 249 and

the first paragraph of Article 10 of the Treaty;

— infringement of Article 8(1) of Directive 98/27/EC.

(1) OJ No L 166, 11.6.1998, p. 51.