Judgment of the Court (Fifth Chamber) of  8 December 2005  in Case C-38/05: Commission of the European Communities v Ireland (Failure of a Member State to fulfil obligations — Regulation (EEC) No 2847/93 — Control system within the fisheries sector — Information on types and quantities of fish landed and on fishing effort)
Date: 2006-02-11
Institutions: Court of Justice
Subjects: European Commission, Ireland, action for failure to fulfil an obligation, authorised catch, common fisheries policy, data transmission, fishing controls

C 36/16

EN

Official Journal of the European Union

11.2.2006

Fused magnesia such as that at issue in the main proceedings comes
under subheading 2519 90 10 of the Combined Nomenclature in
Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987
on the tariff and statistical nomenclature and on the Common
Customs Tariff, as amended by Commission Regulations (EC) Nos
3115/94 of 20 December 1994, 1359/95 of 13 June 1995,
2448/95 of 10 October 1995 and 3009/95 of 22 December
1995.

(1) OJ C 314 of 18. 12. 2004.

2. Orders the Kingdom of Belgium to pay the costs.

(1) OJ C 82 of 02.04.2005.

JUDGMENT OF THE COURT

(Fifth Chamber)

of 8 December 2005

in Case C-38/05: Commission of the European Commu-
nities v Ireland (1)

(Failure of a Member State to fulfil obligations — Regulation
(EEC) No 2847/93 — Control system within the fisheries
sector — Information on types and quantities of fish landed
and on fishing effort)

(2006/C 36/31)

(Language of the case: English)

In Case C-38/05, Commission of the European Commu-
nities (Agent: B. Doherty) v Ireland (Agent: D.J. O'Hagan,
assisted by A. Schuster and E. Fannon, Barristers) — action
under Article 226 EC for failure to fulfil obligations, brought
on 1 February 2005 — the Court (Fifth Chamber), composed
of J. Makarczyk, President of the Chamber, R. Schintgen and
P. Kūris (Rapporteur),
Judges; M. Poiares Maduro, Advocate
General; R. Grass, Registrar, gave a judgment on 8 December
2005, in which it:

1. Declares that, by failing to communicate the data required under
Articles 15(4) and 18(1) and the first and third indents of Article
19i of Council Regulation (EEC) No 2847/93 of 12 October
1993 establishing a control system applicable to the common
fisheries policy, as amended by Council Regulation (EC) No 2635/
97 of 18 December 1997, Ireland has failed to fulfil its obliga-
tions under those provisions;

2. Orders Ireland to pay the costs.

(1) OJ C 82, 02.04.2005.

JUDGMENT OF THE COURT

(Sixth Chamber)

of 17 November 2005

in Case C-22/05: Commission of the European Commu-
nities v Kingdom of Belgium (1)

(Failure of a Member State to fulfil obligations — Directive
93/104/EC — Working conditions — Organisation of
working time — Failure to transpose within the prescribed
period)

(2006/C 36/30)

(Language of the case: French)

In Case C-22/05 Commission of the European Communities
(Agents: G. Rozet and N. Yerrell) v Kingdom of Belgium
(Agent: M. Wimmer) — action under Article 226 EC for failure
to comply with obligations, brought on 25 January 2005 —
the Court (Sixth Chamber), composed of J.-P. Puissochet acting
as President of the Sixth Chamber, S. von Bahr and A. Borg
Barthet (Rapporteur), Judges; J. Kokott, Advocate General; R.
Grass, Registrar, gave a judgment on 17 November 2005, in
which it:

1. Declares that, by excluding people working in a fairground under-
taking from the scope of
transposing
Council Directive 93/104/EC of 23 November 1993 concerning
certain aspects of the organisation of working time, the Kingdom
of Belgium has failed to fulfil its obligations under Article 1(3)
and Article 17 of that directive;

the national measures