CELEX: C2001/134/18
Language: en
Date: 2001-05-05 00:00:00
Title: Case C-119/01: Action brought on 19 March 2001 by Commission of the European Communities against Finland

5.5.2001                EN                    Official Journal of the European Communities                                       C 134/11
Question 2                                                               Pleas in law and main arguments
Does the fact that the office of departure did not follow an             The mandatory nature of the provisions of Articles 10 and
administrative instruction for the transmission of information           249 EC is such as to oblige Member States to adopt the
laid down in the Customs Code Committee (early warning                   measures necessary in order to transpose directives which are
system) or that the authorities in the office of departure can be        addressed to them into their national legal order prior to the
criticised for failure to notify in good time have any bearing           expiry of the time-limits prescribed for so doing. Those time-
on the answer to Question 1?                                             limits, laid down in Article 5 of Directive 1999/20/EC and in
                                                                         Article 2 of Directive 96/51/EC, expired on 30 September and
                                                                         1 October 1999 respectively.
(1) Council Regulation (EEC) No 2913/92 of 12 October 1992
    establishing the Community Customs Code (OJ 1992 L 302,
    p. 1).                                                               (1) OJ L 80 of 25.3.1999, p. 20.
(2) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying         (2) OJ L 235 of 17.9.1996, p. 39.
    down provisions for the implementation of Council Regulation
    (EEC) No 2913/92 (OJ 1993 L 253, p. 1).
                                                                         Action brought on 19 March 2001 by Commission of the
Action brought on 16 March 2001 by the Commission of                                European Communities against Finland
 the European Communities against the French Republic
                                                                                                  (Case C-119/01)
                          (Case C-118/01)
                                                                                                  (2001/C 134/18)
                          (2001/C 134/17)
                                                                         An action against Finland was brought before the Court of
An action against the French Republic was brought before the             Justice of the European Communities on 19 March 2001 by
Court of Justice of the European Communities on 16 March                 the Commission of the European Communities, represented
2001 by the Commission of the European Communities,                      by Lena Ström, acting as Agent, with an address for service in
represented by A. Bordes, acting as Agent, with an address for           Luxembourg at the office of Carlos Gómez de la Cruz, Wagner
service in Luxembourg.                                                   Center, Kirchberg, Luxembourg.
The Commission of the European Communities claims that
                                                                         The Commission claims that the Court should:
the Court should:
1.    declare that, by failing to bring into force within the            —     declare that, by failing to adopt all the laws, regulations,
      prescribed time-limits the laws, regulations and adminis-                and administrative provisions necessary to implement
      trative measures necessary in order to comply with:                      Directive 96/61/EC (1) concerning integrated pollution
                                                                               prevention and control with regard to the province of
      —     Council Directive 1999/20/EC of 22 March 1999                      Åland, or in any case by failing to communicate them to
            amending Directives 70/524/EEC concerning addi-                    the Commission, Finland has failed to fulfil its obligations
            tives in feedingstuffs, 82/471/EEC concerning cer-                 under the directive;
            tain products used in animal nutrition, 95/53/EC
            fixing the principles governing the organisation of          —     order Finland to pay the costs.
            official inspections in the field of animal nutrition
            and 95/69/EC laying down the conditions and
            arrangements for approving and registering certain           Pleas in law and main arguments
            establishments and intermediaries operating in the
            animal feed sector (1);                                      The period for implementing the directive expired on 30 Octo-
                                                                         ber 1999. As regards the province of Åland the Commission
      —     Council Directive 96/51/EC of 23 July 1996                   was informed that a provincial law on the protection of the
            amending Directive 70/524/EEC concerning addi-               environment and environmental planets was adopted by the
            tives in feedingstuffs (2),                                  Lagtinget, but that it does not depend upon the Finnish
                                                                         president’s ratification.
      the French Republic has failed to fulfil its obligations
      under the abovementioned directives and under the third
      paragraph of Article 249 and the first paragraph of                (1) Text of 24.9.1996 (OJ L 257 of 10.10.1996, p. 26).
      Article 10 of the EC Treaty;
2.    order the French Republic to pay the costs.