CELEX: C1999/121/11
Language: en
Date: 1999-05-01 00:00:00
Title: Judgment of the Court (Third Chamber) of 25 February 1999 in Case C-319/98: Commission of the European Communities v. Kingdom of Belgium (Failure by a Member State to fulfil its obligations - Directive 94/47/EC - Non-transposition)

C 121/6                   EN                     Official Journal of the European Communities                                             1.5.1999
2. declares that the annulled Regulations are to remain in force            2. orders the Grand Duchy of Luxembourg to pay the costs.
     until the Council adopts, within a reasonable period, new
     regulations having the same subject matter;
                                                                            (1) OJ C 151, 16.5.1998.
3. orders the Council of the European Union to pay the costs;
4. orders the Commission of the European Communities to bear its
     own costs.
(1) OJ C 212, 12.7.1997.
                                                                                              JUDGMENT OF THE COURT
                                                                                                      (Third Chamber)
                                                                                                    of 25 February 1999
                                                                            in Case C-319/98: Commission of the European Communi-
                  JUDGMENT OF THE COURT                                                       ties v. Kingdom of Belgium (1)
                            (Fifth Chamber)                                 (Failure by a Member State to fulfil its obligations —
                                                                                        Directive 94/47/EC — Non-transposition)
                         of 25 February 1999
                                                                                                       (1999/C 121/11)
 in Case C-59/98: Commission of the European Communi-
             ties v. Grand Duchy of Luxembourg (1)
                                                                                                 (Language of the case: French)
(Failure of a Member State to fulfil its obligations — Failure
                 to transpose Directive 94/46/EC)
                                                                            (Provisional translation; the definitive translation will be published
                                                                                                in the European Court Reports)
                            (1999/C 121/10)
                                                                            In Case C-319/98: Commission of the European Communities
                                                                            (Agent: Pieter van Nuffel) v Kingdom of Belgium (Agent: Anni
                      (Language of the case: French)                        Snoecx) — application for a declaration that, by failing to
                                                                            adopt, within the prescribed period, the laws, regulations and
                                                                            administrative provisions necessary to comply with Directive
(Provisional translation; the definitive translation will be published      94/47/EC of the European Parliament and the Concil of 26
                     in the European Court Reports)                         October 1994 on the protection of purchasers in respect of
                                                                            certain aspects of contracts relating to the purchase of the
                                                                            right to use immovable properties on a timeshare basis (OJ L
In Case C-59/98: Commission of the European Communities                     280, 29.10.1994, p. 83), the Kingdom of Belgium has failed
(Agents: Giuliano Marenco and José F. Crespo Carrillo) v. Grand             to fulfil its obligations under that Directive — the Court (Third
Duchy of Luxembourg (Agent: Nicolas Schmit) — application                   Chamber), composed of: J.-P. Puissochet, President of the
for a declaration that, by failing to adopt all the laws,                   Chamber, J. C. Moitinho de Almeida and C. Gulmann, Judges;
regulations and administrative provisions necessary to comply               D. Ruiz-Jarabo Colomer, Advocate-General; R. Grass, Registrar,
with Commission Directive 94/46/EC of 13 October 1994                       has given a judgment on 25 February 1999, in which it:
amending Directive 88/301/EEC and Directive 90/388/EEC in
particular with regard to satellite communications (OJ L 268,
19.10.1994, p. 15), the Grand Duchy of Luxembourg has
failed to fulfil its obligations under that directive — the Court           1. declares that, by failing to adopt within the prescribed period the
(Fifth Chamber), composed of: J.-P. Puissochet, President of the                laws, regulations and administrative provisions necessary to
Chamber, P. Jann, J. C. Moitinho de Almeida, C. Gulmann                         comply with Directive 94/47/EC of the European Parliament
(Rapporteur) and D. A. O. Edward, Judges; Advocate-General:                     and the Council of 26 October 1994 on the protection of
S. Alber, Registrat: R. Grass, has given a judgment on                          purchasers in respect of certain aspects of contracts relating to the
25 February 1999, in wihich it:                                                 purchase of the right to use immovable properties on a timeshare
                                                                                basis, the Kingdom of Belgium has failed to fulfil its obligations
                                                                                under that Directive;
1. declares that, by failing to adopt, within the prescribed period,        2. orders the Kingdom of Belgium to pay the costs.
     all the laws, regulations and administrative provisions necessary
     to comply with Commission Directive 94/46/EC of 13 October
     1994 amending Directive 88/301/EEC and Directive                       (1) OJ C 299, 26.9.1998.
     90/388/EEC in particular with regard to satellite communi-
     cations, the Grand Duchy of Luxembourg has failed to fulfil its
     obligations under that Directive;