CELEX: C2002/109/52
Language: en
Date: 2002-05-04 00:00:00
Title: Case C-62/02: Action brought on 26 February 2002 by the Commission of the European Communities against the United Kingdom of Great Britain and Northern Ireland

C 109/30               EN                  Official Journal of the European Communities                                     4.5.2002
—     in refusing to grant the Appellant the same reduction of        Action brought on 26 February 2002 by the Commission
      fine as that granted to other participants because the          of the European Communities against the United
      Appellant denied its participation in an infringement,                Kingdom of Great Britain and Northern Ireland
      the Court of First Instance has violated fundamental
      principles of law (right of defence) recognised by the
      Court of Justice in its case-law.                                                        (Case C-62/02)
                                                                                              (2002/C 109/52)
(1) OJ C 137, 02.05.98, p. 20.
                                                                      An action against the United Kingdom of Great Britain and
                                                                      Northern Ireland was brought before the Court of Justice of
                                                                      the European Communities on 26 February 2002 by the
                                                                      Commission of the European Communities, represented by
                                                                      Michael Shotter, acting as agent, with an address for service in
Action brought on 25 February 2002 by the Commission                  Luxembourg.
   of European Communities against Kingdom of Spain
                                                                      The Applicant claims that the Court should:
                          (Case C-58/02)
                                                                      —     declare that by failing to adopt the laws, regulations
                         (2002/C 109/51)                                    and administrative provisions necessary to comply with
                                                                            Directive 1999/94/EC of the European Parliament and of
                                                                            the Council of 13 December 1999 relating to the
                                                                            availability of consumer information on fuel economy
An action against the Kingdom of Spain was brought before                   and CO2 emissions in respect of the marketing of new
the Court of Justice of the European Communities on 25 Febru-               passenger cars (1) or, in any event, by failing to notify
ary 2002 by the Commission of the European Communities,                     such provisions to the Commission, the United Kingdom
represented by Gregorio Valero Jordana and Michael Shotter,                 of Great Britain and Northern Ireland has failed to fulfil
acting as Agents, with an address for service in Luxembourg at              its obligations under Article 12(1) and 12(2) of this
the office of Luis Escobar, Wagner Centre, C 254.                           Directive;
                                                                      —     order the United Kingdom to pay the costs.
The applicant claims that the Court should:
—     Declare that, by failing to adopt and bring into force
      within the prescribed period the laws, regulations and
                                                                      Pleas in law and main arguments
      administrative provisions necessary to comply with
      Directive 98/84/EC of the European Parliament and of
      the Council of 20 November 1998 on the legal protection
      of services based on, or consisting of, conditional             Article 249 EC, under which a directive shall be binding as to
      access (1), the Kingdom of Spain has failed to fulfil its       the result to be achieved, upon each Member State, carries by
      obligations under that directive;                               implication an obligation on the Member States to observe the
                                                                      period for compliance laid down in the directive. That period
                                                                      expired on 18 January 2001 without the United Kingdom
—     Order the Kingdom of Spain to pay the costs.
                                                                      having informed the Commission of the provisions adopted to
                                                                      comply with the directive referred to in the conclusions of the
                                                                      Commission.
Pleas in law and main arguments
                                                                      Since the Commission is in possession of no other information
                                                                      enabling it to conclude that the United Kingdom has adopted
The pleas in law and main arguments are similar to those put          the necessary provision, it is compelled to assume that the
forward in Case C-44/02 (2); the time-limit for transposition         United Kingdom has failed to fulfil its obligations under the
expired on 28 May 2000.                                               Directive.
(1) OJ 1998 L 320, p. 54.
(2) OJ C 97, 20.4.2002, p. 4.                                         (1) OJ L 12, 18.1.2000, p. 16.