Source: EURLEX
Language: en
Format: md

No C 218 / 20 Official Journal of the European Communities 6 . 8 . 94

Commission of the European Communities, represented by
Francisco de Sousa Fialho, of its Legal Service, acting as
Agent, with an address for service in Luxembourg at the
office of Georgios Kremlis, Wagner Centre, Kirchberg .

The applicant claims that the Court should :

— declare that, by failing to adopt the laws, regulations and

administrative provisions needed to implement
Commission Directive 91 / 173 / EEC 0 ) of 21 March
1991, amending for the ninth time Directive 76 / 769 / EC
on the approximation of the laws, regulations and
administrative provisions of the Member States relating
to the marketing and use of certain dangerous
substances and preparations, the Portuguese Republic
has failed to fulfil its obligations under the third
paragraph of Article 189 of the EC Treaty and Article 2
of Directive 91 / 339 / EEC,

— declare, in the alternative, that, by failing to give the

Commission immediate notice of such measures, the
Portuguese Republic has failed to fulfil its obligations
under the abovementioned articles,

— order the Portugueses Republic to pay the costs .

Pleas in law and main arguments adduced in support :

The pleas in law and main arguments are similar to those in
Case C-l 84 / 94 ( 2 ). The period prescribed for transposition
expired on 1 July 1992 .

(!) OJ No L 85, 5 . 4 . 1991, p . 34 .

( 2 ) See page 18 of this Official Journal .

Request by the Commission of the European Communities
for an opinion pursuant to Article 228 ( 6 ) of the Treaty

establishing the European Community

( Opinion 1 / 94 )

( 94 / C 218 / 31 )

By an application made by the Commission of the European
Communities, represented by Jean-Louis, Dewost, Pieter ­
Jan Kuyper and Theofanis Christoforou, acting as Agents,

which was received at the Court Registry on 20 May 1994,
the Court of Justice of the European Communities has been
asked to deliver an opinion pursuant to Article 228 ( 6 ) of the
Treaty establishing the European Community . The
Commission of the European Communities asks the Court
of Justice to deliver an opinion on the competence of the
European Community to conclude the Agreement
establishing the World Trade Organization and in
particular : ( a ) whether the draft General Agreement on
Trade in Services ( GATS ) and the draft Agreement on
Trade-Related Aspects of Intellectual Property Rights,
Including Trade in Counterfeit Goods ( Trips ) should be
concluded on the basis of Article 1 13 of the EC Treaty alone
or on the basis of that provision iun conjunction with
Articles 100a and / or 235 of the EC Treaty ; ( b ) on the extent
of that competence as regards products and / or services
falling within the scope of the ECSC and EAEC ( Euratom )
Treaties ; and ( c ) on the consequences which that would have
on the capacity of the Member States to conclude the WTO
Agreement .

Application for authorization to serve a garnishee order

made on 13 June 1994

( Case C-l / 94 SA

Removal from the register of Case C-383 / 93 ( )

94 / C 218 / 29 ( 94 / C 218 / 32 )

( 94 / C 218 / 29 )

By order of 14 June 1994 the President of the Court of
Justice of the European Communities ordered the removal

from the register of Case C-383 / 983 : Commission of the
European Communities v . Kingdom of the Netherlands .

(!) OJ No C 243, 7 . 9 . 1993 .

An application for authorization to serve a garnishee order
was made to the Court of Justice of the European
Communities on 13 June 1994 by Georges - Albert Dal,
Avocat, acting as trustee in bankruptcy for the company
Dupret SA .

The applicant asks the Court for authorization to serve a
garnishee order against the sums payable by the European
Community to the Belgian State in respect of rent for the
amount owed to the applicant by the Belgian State following
the judgment of the Tribunal de Première Instance ( Court of
Removal from the register of Case C-405 / 93 ( ) First Instance ), Brussels, of 26 November 1990 .

94 / C 218 / 30

By order of 13 June 1994 the President of the Court of

x Justice of the European Communities ordered the removal

Pies in law and main arguments adduced in support :

from the register of Case C-405 / 93 : Commission of the The application is made under Article 1 of the Protocol
European Communities v . Kingdom of the Netherlands . on the Privileges and Immunities of the European

Communities, signed in Brussels on 8 April 1965 .
H OJ No C 286, 22 . 10 . 1993 .