CELEX: C1998/378/03
Language: en
Date: 1998-12-05 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 15 October 1998 in Case C-229/97: Commission of the European Communities v. Portuguese Republic (Failure of a Member State to fulfil its obligations - Failure to transpose fully Directive 76/869/EEC)

C 378/2                EN                 Official Journal of the European Communities                                      5.12.98
and administrative provisions necessary to comply with               measures forthwith, the Portuguese Republic has failed to
Commission Directive 94/69/EC of 19 December 1994                    fulfil its obligations under the third paragraph of
adapting to technical progress for the twenty-first time             Article 189 of the EC Treaty and the combined provisions
Council Directive 67/548/EEC on the approximation of                 of Article 13 of that directive, Article 395 of and Annex
laws, regulations and administrative provisions relating to          XXXVI to the Act concerning the conditions of accession
the classification, packaging and labelling of dangerous             of the Kingdom of Spain and the Portuguese Republic and
substances (OJ L 381, 31.12.1994, p. 1), the Kingdom of              the adjustments to the Treaties (OJ L 302, 15.11.1985,
Belgium has failed to fulfil its obligations under that              p. 23), the Portuguese Republic has failed to fulfil its
directive Ð the Court (Third Chamber), composed of: C.               obligations under that directive, Ð the Court (Sixth
Gulmann (Rapporteur), President of the Chamber, J. C.                Chamber), composed of: P. J. G. Kapteyn, President of the
Moitinho de Almeida and J.-P. Puissochet, Judges; P.                 Chamber, G. Hirsch, G. F. Mancini, H. Ragnemalm and
LeÂger, Advocate-General; R. Grass, Registrar, has given a           R. Schintgen (Rapporteur), Judges; S. Alber, Advocate-
judgment on 6 October 1998, in which it:                             General; R. Grass, Registrar, has given a judgment on
                                                                     15 October 1998, in which it:
1. Declares that, by failing to adopt the laws, regulations
     and administrative provisions necessary to comply               1. Declares that, by failing to adopt within the prescribed
     with Commission Directive 94/69/EC of 19 December                    period the laws, regulations and administrative
     1994 adapting to technical progress for the twenty-                  provisions necessary to comply with Council Directive
     first time Council Directive 67/548/EEC on the                       79/869/EEC of 9 October 1979 concerning the
     approximation of laws, regulations and administrative                methods of measurement and frequencies of sampling
     provisions relating to the classification, packaging and             and analysis of surface water intended for the
     labelling of dangerous substances, the Kingdom of                    abstraction of drinking water in the Member States,
     Belgium has failed to fulfil its obligations under the               the Portuguese Republic has failed to fulfil its
     first paragraph of Article 2 thereof;                                obligations under the combined provisions of that
                                                                          directive and of the Act concerning the conditions of
                                                                          accession of the Kingdom of Spain and the Portuguese
2. Orders the Kingdom of Belgium to pay the costs.                        Republic and the adjustments to the Treaties;
(1) OJ C 166, 30.5.1998.
                                                                     2. Orders the Portuguese Republic to pay the costs.
                                                                     (1) OJ C 252, 16.8.1997.
                JUDGMENT OF THE COURT
                        (Sixth Chamber)
                      of 15 October 1998                                            JUDGMENT OF THE COURT
       in Case C-229/97: Commission of the European                                         (Fifth Chamber)
            Communities v. Portuguese Republic (1)
                                                                                          of 15 October 1998
(Failure of a Member State to fulfil its obligations Ð
                                                                            in Case C-268/97: Commission of the European
       Failure to transpose fully Directive 76/869/EEC)
                                                                                Communities v. Kingdom of Belgium (1)
                         (98/C 378/03)
                                                                     (Failure of a Member State to fulfil its obligations Ð
                                                                                         Directive 86/609/EEC)
              (Language of the case: Portuguese)
                                                                                              (98/C 378/04)
  (Provisional translation; the definitive translation will be                       (Language of the case: French)
           published in the European Court Reports)
                                                                       (Provisional translation; the definitive translation will be
In Case C-229/97: Commission of the European                                   published in the European Court Reports)
Communities (Agent: Francisco de Sousa Fialho) v.
Portuguese Republic (Agents: Luis Fernandes and JoaÄo
Lopes Fernandes) Ð Application for a declaration that, by            In Case C-268/97: Commission of the European
failing to adopt within the prescribed period the laws,              Communities (Agents: Hendrik van Lier and Lena Ström)
regulations and administrative provisions necessary to               v. Kingdom of Belgium (Agent: Jan Devadder) Ð
comply with Council Directive 79/869/EEC of 9 October                Application for a declaration that, by not adopting within
1979 concerning the methods of measurement and                       the prescribed period all the measures necessary to comply
frequencies of sampling and analysis of surface water                with Articles 14 and 22 of Council Directive 86/609/EEC
intended for the abstraction of drinking water in the                of 24 November 1986 on the approximation of laws,
Member States (OJ L 271, 29.10.1979, p. 44), and, in the             regulations and administrative provisions of the Member
alternative, by not informing the Commission of those                States relating to the protection of animals used for