CELEX: C2002/156/15
Language: en
Date: 2002-06-29 00:00:00
Title: Case C-163/02: Action brought on 30 April 2002 by the Commission of the European Communities against the Federal Republic of Germany

C 156/8                  EN                    Official Journal of the European Communities                                      29.6.2002
Action brought on 30 April 2002 by the Commission of                      Action brought on 30 April 2002 by the Commission of
the European Communities against the Federal Republic                     the European Communities against the Federal Republic
                            of Germany                                                                of Germany
                          (Case C-162/02)                                                           (Case C-163/02)
                          (2002/C 156/14)                                                           (2002/C 156/15)
An action against the Federal Republic of Germany was                     An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-              brought before the Court of Justice of the European Communi-
ties on 30 April 2002 by the Commission of the European                   ties on 30 April 2002 by the Commission of the European
Communities, represented by Gerald Braun, of its Legal Service,           Communities, represented by Gerald Braun, of its Legal Service,
with an address for service in Luxembourg at the office of Luis           with an address for service in Luxembourg at the office of Luis
Escobar Guerrero, of its Legal Service, at Wagner Centre C 254,           Escobar Guerrero, of its Legal Service, at Wagner Centre C
Kirchberg, Luxembourg.                                                    254, Kirchberg, Luxembourg.
The applicant claims that the Court should:                               The applicant claims that the Court should:
(1) declare that the Federal Republic of Germany has failed to            (1) declare that the Federal Republic of Germany has failed to
      fulfil its obligations under the EC Treaty and Commission                 fulfil its obligations under the EC Treaty and Commission
      Directive 1999/68/EC (1) of 28 June 1999 setting out                      Directive 1999/66/EC (1) of 28 June 1999 setting out
      additional provisions for lists of varieties of ornamental                requirements as to the label or other document made out
      plants as kept by suppliers under Council Directive 98/                   by the supplier pursuant to Council Directive 98/56/
      56/EC (2) in that it has not adopted all the laws, regulations            EC (2) in that has not adopted all the laws, regulations and
      and administrative provisions necessary in order to                       administrative provisions necessary in order to transpose
      transpose that directive into national law within the                     that directive into national law within the prescribed
      prescribed period;                                                        period;
(2) order the defendant to pay the costs.                                 (2) order the defendant to pay the costs.
Pleas in law and main arguments                                           Pleas in law and main arguments
The time-limit for transposition of the directive expired on              The time-limit for transposition of the directive expired on
31 December 1999.                                                         31 December 1999.
(1) OJ 1999 L 172, p. 42.                                                 (1) OJ 1999 L 164, p. 76.
(2) OJ 1998 L 226, p. 16.                                                 (2) OJ 1998 L 226, p. 16.