CELEX: C1997/108/21
Language: en
Date: 1997-04-05 00:00:00
Title: Action brought on 10 February 1997 by the Commission of the European Communities against the French Republic (Case C-56/97)

No C 108/ 12          EN                    Official Journal of the European Communities                                      5 . 4 . 97
Court of First Instance of the European Communities in                 The applicant claims that the Court should :
Case T-3 80/94 between Association Internationale des Uti­
lisateurs de Fils de Filaments Artificiels et Synthetiques et
de Soie Naturelle (Aiuffass ) and Apparel, Knitting &                  1 . declare that, by failing to bring into force within the
Textiles Alliance (AKT), on the one hand, and                                 prescribed period the laws, regulations or
Commission of the European Communities, supported by                          administrative provisions comprising any penalties
the United Kingdom of Great Britain and Northern                              necessary to comply with Council Directive 93/119/
Ireland, on the other, was brought before the Court of                        EC (') of 22 December 1993 on the protection of
Justice of the European Communities on 10 February                            animals at the time of slaughter or killing, the French
1997 by Association Internationale des Utilisateurs de Fils                   Republic has failed to fulfil its obligations under
de Filaments Artificiels et Synthetiques et de Soie Naturelle                 Article 18 of Directive 93/119/EC and the EC Treaty;
( Aiuffass ) and Apparel, Knitting & Textiles Alliance
( AKT), represented by M. Waelbroeck, J. Stuyck and O.
                                                                       2 . order the French Republic to pay the costs .
Speltdoorn, of the Brussels Bar, with an address for service
in Luxembourg at the Chambers of E. Arendt, 8—10 Rue
Mathias Hardt .
                                                                       Pleas in law and main arguments adduced in support:
The appellant claims that:
                                                                       The mandatory nature of the provisions of the third
                                                                       paragraph of Article 189 and the first paragraph of
— the judgment of the Fifth Chamber, Extended                          Article 5 of the EC Treaty requires Member States to
      Composition, of the Court of First Instance of                   adopt the measures necessary to transpose directives
      12 December 1996 in Case T-3 80/94 should be set                 addressed to them into their domestic law before the
      aside,                                                           expiry of the period prescribed for doing so. That period
                                                                       expired on 1 January 1995 without the French Republic
— consequently, the Commission Decision of 31 May                      having brought into force the necessary provisions .
       1994, reproduced in Commission Notice 94/C 271/06,
      authorizing the Government of the United Kingdom                 (') OJ No L 340, 31 . 12 . 1993 , p . 21 .
      under Article 92 ( 3 ) ( a ) and (c ) of the EC Treaty to
      grant aid of £ 61 million in favour of Hualon
       Corporation for the setting up of a textile producing
       plant in Northern Ireland should be annulled,
 — the Commission should be ordered to pay the costs of
       the appeal proceedings and of the proceedings before            Action brought on 10 February 1997 by the Commission
       the Court of First Instance in Case T-380/94 .                   of the European Communities against the French Republic
                                                                                                  Case C-57/97)
 Pleas in law and main arguments adduced in support:                                               97/C 108/22 )
 The appellants maintain that the Commission failed to
  take account of the effects of the investment at issue in the         An action against the French Republic was brought before
  high-range product sector. They consider that, in assessing           the Court of Justice of the European Communities on
  that aspect of the application, the contested judgment                10 February 1997 by the Commission of the European
  misinterpreted the Commission Decision and failed to                  Communities, represented by A. X. Lewis, acting as
  respond sufficiently to their arguments .                             Agent, with an address for service in Luxembourg at the
                                                                        office of Carlos Gomez de la Cruz, Wagner Centre,
                                                                        Kirchberg.
                                                                        The applicant claims that the Court should:
  Action brought on 10 February 1997 by the Commission
   of the European Communities against the French Republic               ( a ) declare that, by failing to bring into force within the
                           Case C-56/97)                                       prescribed period the laws, regulations or
                                                                               administrative provisions necessary to comply with:
                           ( 97/C 108/21 )
                                                                               1 . Council Directive 93/53/EEC ( 1 ) of 24 June 1993
   An action against the French Republic was brought before                        introducing minimum Community measures for
   the Court of Justice of the European Communities on                             the control of certain fish diseases;
   10 February 1997 by the Commission of the European
   Communities, represented by A. X. Lewis, acting as                          2 . Council Directive 93/113/EC (2 ) of 14 December
   Agent, with an address for service in Luxembourg at the                          1993 concerning the use and marketing of
   office of Carlos Gomez de la Cruz, Wagner Centre,                                enzymes, micro-organisms and their preparations
   Kirchberg.                                                                       in animal nutrition;