CELEX: C1997/212/13
Language: en
Date: 1997-07-12 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 29 May 1997 in Case C-312/96: Commission of the European Communities v. French Republic (Failure of a Member State to fulfil its obligations - Directive 93/36/EEC - Failure to transpose within the prescribed period)

12 . 7 . 97               EN                 Official Journal of the European Communities                                    No C 212/7
                 JUDGMENT OF THE COURT                                                   JUDGMENT OF THE COURT
                                                                                                   (Fifth Chamber)
                           (Sixth Chamber)
                                                                                                   of 29 May 1997
                           of 29 May 1997
                                                                        in Joined Cases C-3 13/96, C-356/96 and C-358/96:
         in Case C-3 12/96: Commission of the European                  Commission of the European Communities v. Kingdom of
                Communities v. French Republic ( 1 )                                                  Belgium (')
                                                                        (Failure of a Member State to fulfil its obligations —
(Failure of a Member State to fulfil its obligations —                  Failure to implement Directives 91/410/EEC, 93/21/EEC
Directive 93/36/EEC — Failure to transpose within the                                              and 93/90/EEC)
                          prescribed period)
                                                                                                    ( 97/C 212/ 14 )
                              97/C 212/ 13
                                                                                          (Language of the case: French)
                                                                           (Provisional translation; the definitive translation will be
                                                                                    published in the European Court Reports)
                   (Language of the case: French)
                                                                        In Joined Cases C-3 13/96, C-356/96 and C-358/96 :
                                                                        Commission of the European Communities ( Agents :
                                                                        Hendrik van Lier, Jean-Francis Pasquier and Gotz zur
                                                                        Hausen ) against Kingdom of Belgium ( Agent: Jan
    (Provisional translation; the definitive translation will be        Devadder ) — application for a declaration that, by failing
             published in the European Court Reports)                   to adopt within the prescribed period the laws, regulations
                                                                        and administrative provisions necessary to comply with:
                                                                        — Commission Directive 91 /410/EEC of 22 July 1991
In Case C-3 12/96 : Commission of the European                                adapting to technical progress for the 14th time
Communities ( Agent: Hendrik van Lier ) against French                        Council Directive 67/548/EEC on the approximation
Republic (Agents: Catherine de Salins and Philippe                            of laws, regulations and administrative provisions
Martinet ) — application for a declaration that, by failing                   relating to the classification, packaging and labelling
to adopt within the prescribed period the laws, regulations                   of dangerous substances ( OJ No L 228 , 17. 8 . 1991 ,
and administrative provisions necessary to comply with                        p. 67),
Council Directive 93/36/EEC of 14 June 1993
coordinating procedures for the award of public supply                  — Commission Directive 93/21 /EEC of 27 April 1993
contracts ( OJ No L 199, 9 . 8 . 1993 , p. 1 ) and, in the                    adapting to technical progress for the 18th time
alternative, by failing to inform the Commission forthwith                    Directive 67/548/EEC ( OJ No L 110, 4 . 5 . 1993 ,
of the adoption of such measures, the French Republic has                     p. 20 ), with the exception of the provisions of that
failed to fulfil its obligations under the Directive and in                   Directive applicable to mobile gas cylinders containing
particular Article 34 thereof — the Court ( Sixth Chamber)                    butane, propane or liquid petroleum gas, and
composed of: G. F. Mancini, President of the Chamber,
J. L. Murray, C. N. Kakouris, P. J. G. Kapteyn and H.                   — Commission Directive 93/90/EEC of 29 October 1993
Ragnemalm ( Rapporteur ), Judges; C. O. Lenz, Advocate­                       concerning the list of substances referred to in
General; R. Grass, Registrar, gave a judgment on 29 May                       Article 13 ( 1 ) ( fifth indent ) of Directive 67/548/EEC
1997, in which it:                                                             ( OJ No L 277, 10 . 11 . 1993 , p. 33 ),
                                                                        and/or by failing to communicate the measures for their
                                                                        implementation, the Kingdom of Belgium has failed to
1 . declares that, by failing to adopt within the prescribed            fulfil its obligations under those Directives — the Court
                                                                         ( Fifth Chamber) composed of: J. C. Moitinho de Almeida,
       period the laws, regulations and administrative
                                                                        President of the Chamber, C. Gulmann ( Rapporteur),
       provisions necessary to comply with Council Directive
                                                                        D. A. O. Edward, J. -P. Puissochet and P. Jann, Judges;
       93/36/EEC of 14 June 1993 coordinating procedures
                                                                        F. G. Jacobs, Advocate-General; R. Grass, Registrar, gave
       for the award of public supply contracts, the French
                                                                        a judgment on 29 May 1997, the operative part of which
       Republic has failed to fulfil its obligations under the           is as follows :
       first paragraph of Article 34 (1 ) of that Directive;
                                                                         1 . By failing to adopt within the prescribed period the
                                                                               laws, regulations and administrative provisions
                                                                               necessary to comply with:
2 . orders the French Republic to pay the costs.
                                                                               — Commission Directive 91 /410/EEC of 22 July
                                                                                    1991 adapting to technical progress for
 ( 1 ) OJ No C 354 , 23 . 11 . 1996 .                                               the   14th     time    Council    Directive  67/548/
                                                                                    EEC on the approximation of laws, regulations
                                                                                    and administrative provisions relating to
                                                                                    the classification, packaging and labelling of
                                                                                    dangerous substances,