Case C-308/02: Action brought on 29 August 2002 by Commission of the European Communities against Grand Duchy of Luxembourg
Date: 2002-10-12
Institutions: Court of Justice
Subjects: Luxembourg, action for failure to fulfil an obligation, dangerous substance, labelling, marketing, national implementing measure

C 247/10

EN

Official Journal of the European Communities

12.10.2002

The Applicant claims that the Court should:

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 2000/21/EC (1) of
25 April 2000 concerning the list of Community legis-
lation referred to in the fifth indent of Article 13(1) of
Council Directive 67/548/EEC (2), 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;

— declare that, by failing to adopt the laws, regulations
or administrative provisions necessary to comply with
Commission Directive 2000/21/EC (1) of 25 April 2000
concerning the list of Community legislation referred to
in the fifth indent of Article 13(1) of Council Directive
67/548/EEC, the French Republic failed to fulfil
its
obligations under Article 3 of that directive;

— order the French Republic to pay the costs.

2)

order the United Kingdom to pay the costs.

Pleas in law and main arguments

The Commission considers that it is the duty of the authorities
of the United Kingdom to initiate, in due time, the procedures
necessary for incorporating the directive into domestic law so
that such process is complete within the time-limit laid down,
irrespective of the nature of such procedures, and to inform
the Commission thereof.

Since the United Kingdom has not informed the Commission
of
the provisions adopted to comply with the directive
concerned for Gibraltar, the United Kingdom has thus failed
to fulfil its obligations under the directive as regards Gibraltar.

( 1) OJ L 103, 28.4.2000, p. 70.
( 2) of 27 June 1967 on the approximation of laws, regulations and
administrative provisions relating to the classification, packaging
and labelling of dangerous substances (OJ 196, 16.8.1967, p. 1
[SE SER1 71(I) p. 180).

Action brought on 29 August 2002 by Commission of the
European Communities against French Republic

(Case C-307/02)

(2002/C 247/16)

An action against the French Republic was brought before the
Court of Justice of the European Communities on 29 August
2002 by the Commission of the European Communities,
represented by Lena Ström, acting as Agent, with an address
for service in Luxembourg.

Pleas in law and main arguments

The obligations
flowing from the third paragraph of
Article 249 of the EC Treaty includes that of observing the
time-limits laid down in directives. That time-limit expired on
1 April 2002 without France having brought into force the
necessary provisions.

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

Action brought on 29 August 2002 by Commission of
the European Communities against Grand Duchy of
Luxembourg

(Case C-308/02)

(2002/C 247/17)

An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-
ties on 29 August 2002 by the Commission of the European
Communities, represented by Lena Ström, acting as Agent,
with an address for service in Luxembourg.

The applicant claims that the Court should:

— declare that, by failing to adopt the laws, regulations
or administrative provisions necessary to comply with
Commission Directive 2000/21/EC (1) of 25 April 2000
concerning the list of Community legislation referred to
in the fifth indent of Article 13(1) of Council Directive 67/
548/EEC, the Grand Duchy of Luxembourg failed to fulfil
its obligations under Article 3 of that directive;

— order the Grand Duchy of Luxembourg to pay the costs.

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.