CELEX: C1998/299/46
Language: en
Date: 1998-09-26 00:00:00
Title: Actions brought on 18 August 1998 by the Commission of the European Communities against the Kingdom of Belgium, the Grand Duchy of Luxembourg and the French Republic (Cases C-319/98, C-320/98 and C-321/98)

26.9.98               EN                Official Journal of the European Communities                                 C 299/29
Action brought on 5 August 1998 by the Commission of               The applicant claims that the Court should:
         the European Communities against Ireland
                       (Case C-308/98)                             1. declare that, by failing to adopt within the prescribed
                                                                       period the laws, regulations and administrative
                        (98/C 299/44)                                  provisions necessary to comply with European
                                                                       Parliament and Council Directive 94/47/EC of
An action against Ireland was brought before the Court of              26 October 1994 on the protection of purchasers in
Justice of the European Communities on 5 August 1998                   respect of certain aspects of contracts relating to the
by the Commission of the European Communities,                         purchase of the right to use immovable properties on a
represented by Götz zur Hausen, its legal adviser, and                 timeshare basis (1), the Kingdom of Spain has failed to
Michael Shotter, a national official seconded to the                   fulfil its obligations under that Directive;
Commission under an arrangement for the exchange of
officials, acting as agents, with an address for service in        2. order the Kingdom of Spain to pay the costs.
Luxembourg at the office of Carlos Gómez de la Cruz, a
member of the Legal Service of the Commission, Centre              Pleas in law and main arguments adduced in support:
Wagner.
                                                                   The mandatory nature of the provisions of the third
The applicant claims that the Court should:                        paragraph of Article 189 and the first paragraph of
                                                                   Article 5 of the EC Treaty requires Member States to
                                                                   adopt the measures necessary to transpose directives
Ð declare that by failing to adopt the laws, regulations           addressed to them into their domestic law before the
    or administrative provisions necessary to comply with          expiry of the period prescribed for doing so and forthwith
    Council Directive 94/69/EC of 19 December 1994                 to inform the Commission thereof. That period, which is
    adapting to technical progress for the twenty-first time       laid down in Article 12 of Directive 94/47/EC, expired on
    Council Directive 67/548/EEC on the approximation              29 April 1997 without Spain having brought into force
    of laws, regulations and administrative provisions             the necessary provisions.
    relating to the classification, packaging and labelling
    of dangerous substances (1), and/or by failing to inform
                                                                   (1) OJ L 280, 29.10.1994, p. 83.
    the Commission thereof, Ireland has failed to fulfil its
    obligations under that Directive, and
Ð order Ireland to pay the costs.
Pleas in law and main arguments adduced in support:                Actions brought on 18 August 1998 by the Commission of
                                                                   the European Communities against the Kingdom of
                                                                   Belgium, the Grand Duchy of Luxembourg and the French
Article 189 of the EC Treaty, under which a directive shall
                                                                                               Republic
be binding, as to the result to be achieved, on each
Member State, carries by implication an obligation on the                   (Cases C-319/98, C-320/98 and C-321/98)
Member States to observe the period for compliance laid                                     (98/C 299/46)
down in the Directive. That period expired on 1 September
1996 without Ireland having enacted the provisions
necessary to comply with the Directive referred to in the          Three actions against the Kingdom of Belgium (Case
conclusions of the Commission.                                     C-319/98), the Grand Duchy of Luxembourg (C-320/98)
                                                                   and the French Republic (Case C-321/98) respectively
(1) OJ L 381, 31.12.1994, p. 1.                                    were brought before the Court of Justice of the European
                                                                   Communities on 18 August 1998 by the Commission of
                                                                   the European Communities, represented by Pieter van
                                                                   Nuffel, of its Legal Service, acting as Agent, with an
                                                                   address for service in Luxembourg at the office of Carlos
                                                                   Gómez de la Cruz, of its Legal Service, Wagner Centre,
                                                                   Kirchberg.
Action brought on 11 August 1998 by the Commission of
 the European Communities against the Kingdom of Spain             The applicant claims that the Court should:
                       (Case C-311/98)
                        (98/C 299/45)                              Ð declare that, by failing to bring into force within the
                                                                       prescribed period the laws, regulations and
                                                                       administrative provisions necessary to comply with
An action against the Kingdom of Spain was brought                     European Parliament and Council Directive 94/47/EC
before the Court of Justice of the European Communities                of 26 October 1994 on the protection of purchasers in
on 11 August 1998 by the Commission of the European                    respect of certain aspects of contracts relating to the
Communities, represented by Carlos Gómez de la Cruz, of                purchase of the right to use immovable properties on a
its Legal Service, acting as Agent, with an address for                timeshare basis (1), and, in any event, by failing
service in Luxembourg at the office of Carlos Gómez de la              to notify the abovementioned provisions to the
Cruz, of its Legal Service, Wagner Centre, Kirchberg.                  Commission, the Kingdom of Belgium, the Grand
 ---pagebreak--- C 299/30               EN                 Official Journal of the European Communities                                  26.9.98
    Duchy of Luxembourg and the French Republic have                 Pleas in law and main arguments adduced in support:
    failed to fulfil their obligations under that Directive;
                                                                     The pleas in law and main arguments are analogous to
                                                                     those put forward in Case C-311/98 (2).
Ð order the Kingdom of Belgium, the Grand Duchy of
    Luxembourg and the French Republic respectively to               (1) OJ L 280, 29.10.1994, p. 83.
    pay the costs.                                                   (2) See page 29 of this Official Journal.
                                                    COURT OF FIRST INSTANCE
  JUDGMENT OF THE COURT OF FIRST INSTANCE                              JUDGMENT OF THE COURT OF FIRST INSTANCE
                        of 14 July 1998                                         (Third Chamber, extended composition)
in Case T-119/95: Alfred Hauer v. Council of the
European Union and Commission of the European                                                 of 16 July 1998
                        Communities (1)
                                                                     in   Case    T-109/96:      Gilberte Gebhard   v. European
(Action for annulment Ð Regulation (EEC) No 816/92 Ð                                           Parliament (1)
Time limit for bringing proceedings Ð Admissibility Ð
Action for damages Ð Common organisation of the                      (Officials Ð Auxiliary staff Ð Auxiliary session
market in milk and milk products Ð Reference quantities              interpreters of the European Parliament Ð Legality of
Ð Additional levy Ð Reduction of reference quantities                       levying Community tax on their remuneration)
                     without compensation)
                                                                                               (98/C 299/48)
                          (98/C 299/47)
               (Language of the case: German)
                                                                                     (Language of the case: French)
In Case T-119/95: Alfred Hauer, residing in Niederweiler
(Germany), represented by FrancËois, Neuhaus & Co., with
an address for service in Luxembourg at the Chambers of
                                                                     In Case T-109/96: Gilberte Gebhard, conference
Annick Wurth, 100 Boulevard de la PeÂtrusse v. the
                                                                     interpreter, residing in Heidelberg (Germany), represented
Council of the European Union (Agent: Arthur Brautigam)
                                                                     by Thierry Schmitt and Pierre Soler-Couteaux, of the
and the Commission of the European Communities
                                                                     Strasbourg Bar, against European Parliament (Agents:
(Agent: Klaus-Dieter Borchardt) Ð application for
                                                                     Manfred Peter, Didier Petersheim and JoaÄo Sant'Anna) Ð
annulment of Council Regulation (EEC) No 816/92 of
                                                                     application for reimbursement of Community tax levied
31 March 1992 amending Regulation (EEC) No 804/68
                                                                     on two payments of remuneration to the applicant Ð the
on the common organisation of the market in milk and
                                                                     Court of First Instance (Third Chamber, extended
milk products (2) and for compensation for the damage
                                                                     composition), composed of: V. Tiili, President, C. P. BrieÈt,
suffered as a result of the application of that Regulation
                                                                     K. Lenaerts, A. Potocki and J. D. Cooke, Judges; A. Mair,
Ð the Court (First Chamber), composed of: B. Vesterdorf,
                                                                     Administrator, for the Registrar, has given a judgment on
President, C. W. Bellamy and R. M. Moura Ramos,
                                                                     16 July 1998, in which it:
Judges; A. Mair, Administrator, for the Registrar, has
given a judgment on 14 July 1998, in which it:
1. dismisses the claim for annulment as inadmissible;                1. dismisses the application;
2. dismisses the claim for compensation as unfounded;
                                                                     2. orders the parties to bear their own costs.
3. orders the applicant to pay the costs.
                                                                     (1) OJ C 294, 5.10.1996.
(1) OJ C 208, 12.8.1995.
(2) OJ L 86, 1.4.1992, p. 83.