CELEX: C1997/054/10
Language: en
Date: 1997-02-22 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 12 December 1996 in Joined Cases C-218/96, C-219/96, C-220/96, C-221/96 and C-222/96 Commission of the European Communities v. Kingdom of Belgium (Failure to fulfil obligations - Failure to transpose Directives 92/32/EEC, 92/69/EEC, 93/67/EEC, 93/86/EEC and 93/105/EEC)

No C 54/6             I EN                  Official Journal of the European Communities                                    22 . 2 . 97
    Articles 3 and 5 of Council Directive 78/659/EEC of                    man and the environment of substances notified in
     18 July 1978 on the quality of fresh waters needing                   accordance with Council Directive 67/548/EEC ( OJ
    protection or improvement in order to support fish life                No L 227, 8 . 9 . 1993 , p. 9 ),
    and with Articles 3 and 5 of Council Directive 79/923/
     EEC of 30 October 1979 on the quality required of                 — Commission Directive 93/86/EEC of 4 October 1993
     shellfish waters, the Federal Republic of Germany has
                                                                           adapting to technical progress Council Directive 91 /
    failed to fulfil its obligations under the EC Treaty;
                                                                           157/EEC on batteries and accumulators containing
                                                                           certain dangerous substances ( OJ No L 264, 23 . 10 .
2 . orders the Federal Republic of Germany to pay the                      1993 , p. 51 ), and
     costs .
                                                                       — Commission Directive 93/ 105/EC of 25 November
C ) OJ No C 286 , 28 . 10 . 1995 .                                         1993 laying down Annex VII D , containing
                                                                           information required for the technical dossier referred
                                                                           to in Article 12 of the seventh amendment of Council
                                                                           Directive 67/548/EEC ( OJ No L 294 , 30 . 11 . 1993 ,
                                                                           p. 21 ),
               JUDGMENT OF THE COURT                                   the Kingdom of Belgium has failed to fulfil its obligations
                                                                       under the EC Treaty, — the Court ( Fifth Chamber ),
                          ( Fifth Chamber)
                                                                       composed of: J. C. Moitinho de Almeida , President of the
                       of 12 December 1996                             Chamber, L. Sevon, C. Gulmann ( Rapporteur ), J. -P.
                                                                       Puissochet and P. Jann, Judges; C. O. Lenz, Advocate­
in Joined Cases C-218/96, C-219/96, C-220/96, C-221/96                 General ; R. Grass, Registrar, has given a judgment on
and C-222/96 Commission of the European Communities                    12 December 1996 , in which it rules :
                  v. Kingdom of Belgium (')
(Failure to fulfil obligations — Failure to transpose                  1 . By not adopting within the prescribed time-limits the
Directives 92/32/EEC, 92/69/EEC, 93/67/EEC, 93/86/                         laws, regulations and administrative provisions
                      EEC and 93/105/EEC)                                  necessary to comply with:
                             ( 97/C 54/10 )
                                                                           — Council Directive 92/32/EEC of 30 April 1992
                                                                               amending for the seventh time Directive 67/548/
                (Language of the case: French)                                 EEC on the approximation of the laws,
                                                                               regulations and administrative provisions relating
                                                                               to the classification, packaging and labelling of
  (Provisional translation; the definitive translation will be                 dangerous substances,
          published in the European Court Reports)
                                                                           — Commission Directive 92/69/EEC of 31 July 1992
In Joined Cases C-218/96 , C-219/96 , C-220/96 , C-221 /96                     adapting to technical progress for the seventeenth
and C-222/96 : Commission of the European Communities                          time Council Directive 67/548/EEC,
( Agent : G. zur Hausen, assisted by J. -J. Evrard ), v.
Kingdom of Belgium ( Agents : A.-M . Snyers, Cases C-218/                  — Commission Directive 93/67/EEC of 20 July 1993
96 , C-220/96, C-221 /96 and C-222/96 ; and R. Foucart,                        laying down the principles for assessment of risks
Case C-219/96 ) — application for a declaration that, by                       to man and the environment of substances notified
not adopting or not communicating within the prescribed                        in accordance with Council Directive 67/548/EEC,
time-limits the laws, regulations and administrative
provisions necessary to comply with :                                      — Commission Directive 93/86/EEC of 4 October
                                                                                1993 adapting to technical progress Council
                                                                               Directive      91 /157/EEC     on     batteries      and
— Council Directive 92/32/EEC of 30 April 1992
     amending for the seventh time Directive 67/548/EEC                        accumulators        containing   certain    dangerous
                                                                               substances, and
     on the approximation of the laws, regulations and
     administrative provisions relating to the classification,
     packaging and labelling of dangerous substances ( OJ                  — Commission Directive 93/105/EC of 25 November
     No L 154, 5 . 6 . 1992 , p. 1 ),                                           1993 laying down Annex VII D, containing
                                                                               information required for the technical dossier
                                                                               referred to in Article 12 of the seventh amendment
— Commission Directive 92/69/EEC of 31 July 1992                               of Council Directive 67/548/EEC,
     adapting to technical progress for the 17th time
     Council Directive 67/548/EEC ( OJ No L 383 , 29 . 12 .
     1992 , p. 113 ),                                                      the Kingdom of Belgium has failed to fulfil its
                                                                           obligations under Article 3 of Directive 92/32, Article 3
                                                                           of Directive 92/69, Article 8 of Directive 93/67,
— Commission Directive 93/67/EEC of 20 July 1993                           Article 7 of Directive 93/86 and Article 2 of Directive
     laying down the principles for assessment of risks to                 93 /105 .
 ---pagebreak--- 22 . 2 . 97            EN                    Official Journal of the European Communities                                    No C 54/7
2 . The Kingdom of Belgium is ordered to pay the costs.                                JUDGMENT OF THE COURT
                                                                                                 ( Third Chamber )
(') OJ No C 269 , 14 . 9 . 1996 .                                                               of 9 January 1997
                                                                        in Case C-255/95 ( reference for a preliminary ruling from
                                                                        the Consiglio di Stato ): S. Agri SNC, Agricola Veneta Sas
                                                                                              v. Regione Veneto ( 1 )
                                                                        (Aid to promote the extensification of agricultural
                                                                        production — Calculation of reduction in output —
               JUDGMENT OF THE COURT                                                             Reference period)
                          ( Sixth Chamber)                                                           ( 97/C 54/ 12 )
                        of 9 January 1997
                                                                                         (Language of the case: Italian)
in Case C-143/95 P Commission of the European
Communities v. Sociedade de Curtumes a Sul do Tejo Lda
                    ( Socurte ) and Others (')
                                                                           (Provisional translation; the definitive translation will be
(Appeal — European Social Fund — Time-limit for                                   published in the European Court Reports)
bringing proceedings — Infringement of essential
                   procedural requirements)                             In Case C-255/95 : reference to the Court under Article 177
                             ( 97/C 54/ 11 )                            of the EEC Treaty from the Consiglio di Stato ( Italy ) for a
                                                                        preliminary ruling in the proceedings pending before that
                                                                        court between S. Agri SNC, Agricola Veneta Sas and
              (Language of the case: Portuguese)                        Regione Veneto — on the interpretation of Council
                                                                        Regulation ( EEC ) No 797/85 of 12 March 1985 on
                                                                        improving the efficiency of agricultural structures ( OJ No
                                                                        L 93 , 30 . 3 . 1985 , p. 1 ), as amended by Council
   (Provisional translation; the definitive translation will be         Regulation ( EEC ) No 1760/87 of 15 June 1987 ( OJ No
          published in the European Court Reports)                      L 167, 26 . 6 . 1987, p. 1 ), and as both amended by
                                                                        Council Regulation ( EEC ) No 1094/88 of 25 April 1988
                                                                        ( OJ No L 106 , 27 . 4 . 1988 , p. 28 ), and of Commission
In Case C-143/95 P : Commission of the European                         Regulation ( EEC ) No 4115/88 of 21 December 1988
Communities ( Agents : Francisco de Sousa Fialho and                    laying down detailed rules for applying the aid scheme to
Nicholas Khan ) — appeal against the judgment of the                    promote the extensification of production ( OJ No L 361 ,
Court of First Instance of the European Communities                     29 . 12 . 1988 , p. 13 ) — the Court ( Third Chamber ),
( First Chamber ) of 7 March 1995 in Joined Cases T-432/                composed of: J. C. Moitinho de Almeida, President of the
93 , T-433/93 and T-434/93 Socurte and Others v.                        Chamber, C. Gulmann and J. -P. Puissochet, Judges; M. B.
Commission ( 1995 ) ECR 11-503 , seeking to have that                   Elmer, Advocate-General; H. A. Rühl , Principal
judgment set aside, the other parties to the proceedings                Administrator, for the Registrar, has given a judgment on
                                                                        9 March 1997 in which it has ruled :
being: Sociedade de Curtumes a Sul do Tejo Lda ( Socurte ),
Revestimentos de Cortina Lda ( Quavi ), now known as
Estudos e Projectos Lda ( Esprocil ), and Sociedade                     Article 18 (b) (3) (c) of Council Regulation (EEC) No 797/
Transformadora de Carnes Lda ( Stec ), now known as                     85 of 12 March 1985 on improving the efficiency of
Estudos e Projectos Lda (J.A.P. ), represented by Carlos                agricultural structures, as amended by Council Regulation
Botelho Moniz and Antonio Magalhães Cardoso, — the                      (EEC) No 1760/87 of 15 June 1987, and as both amended
Court ( Sixth Chamber), composed of: G. F. Mancini,                     by Council Regulation (EEC) No 1094/88 of 25 April
President of the Chamber, J. L. Murray ( Rapporteur),                   1988, and Article 4 (1 ) and (2) of Commission Regulation
C. N. Kakouris, G. Hirsch and H. Ragnemalm, Judges;                     (EEC) No 4115/88 of 21 December 1988 laying down
C. O. Lenz, Advocate-General ; R. Grass, Registrar, has                 detailed rules for applying the aid scheme to promote the
given a judgment on 9 January 1997, in which it:                        extensification of production must be interpreted as not
                                                                        allowing a Member State, where there has been a drop in
                                                                        output during the intermediate period between the end of
 1 . dismisses the appeal;                                              the reference period and the beginning of the period of the
                                                                        undertaking, to make the grant of aid for 'extensification '
                                                                        in any case conditional on output achieved during the
2 . orders the Commission of the European Communities                   intermediate period being reduced, during the period of
      to pay the cost.                                                  the undertaking, by an amount corresponding to at least
                                                                        20% of output during the reference period.
(') OJ No C 189 , 22 . 7. 1995 .
                                                                         (') OJ No C 248 , 23 . 9 . 1995 .