CELEX: C1999/299/24
Language: en
Date: 1999-10-16 00:00:00
Title: Case C-320/99: Action brought on 26 August 1999 by the Commission of the European Communities against the French Republic

C 299/20                 EN                    Official Journal of the European Communities                                   16.10.1999
Pleas in law and main arguments                                           Pleas in law and main arguments
The pleas in law and main arguments are similar to those in               The pleas in law and main arguments are similar to those in
Case C-316/99 (2); the time-limit for transposition laid down             Case C-316/99 (2); the time-limit for transposition laid down
by Article 8 of the directive expired on 23 August 1996 but               by Article 17 of the directive expired on 30 June 1998 but
France has not adopted the necessary measures.                            France has not adopted the necessary measures.
                                                                          (1) OJ L 59 of 27.2.1998, p. 1.
(1) Directive 95/47/EC of the European Parliament and of the Council      (2) See page 19 of this Official Journal.
    of 24 October 1995 on the use of standards for the transmission
    of television signals (OJ L 281 of 23.11.1995, p. 51).
(2) See page 19 of this Official Journal.
                                                                          Action brought on 7 September 1999 by the Commission
                                                                          of the European Communities against the French Republic
                                                                                                   (Case C-332/99)
Action brought on 26 August 1999 by the Commission                                                 (1999/C 299/25)
of the European Communities against the French Republic
                                                                          An action against the French Republic was brought before the
                                                                          Court of Justice of the European Communities on 7 September
                           (Case C-320/99)                                1999 by the Commission of the European Communities,
                                                                          represented by Michel Nolin, of its Legal Service, acting as
                           (1999/C 299/24)                                Agent, with an address for service in Luxembourg at the office
                                                                          of Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.
An action against the French Republic was brought before the              The Commission claims that the Court should,
Court of Justice of the European Communities on 26 August
1999 by the Commission of the European Communities,                       1. Declare that, by not communicating or by not adopting
represented by Michel Nolin, of its Legal Service, acting as                   within the prescribed period the laws, regulations and
Agent, with an address for service in Luxembourg at the office                 administrative provisions necessary for it to comply with
of Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.                         Article 1 points 6, 7, 8, 9 and 14 of Council Directive
                                                                               93/35/EEC of 14 June 1993 amending for the sixth time
The applicant claims that the Court should:                                    Directive 76/768/EEC on the approximation of the laws of
                                                                               the Member States relating to cosmetic products (1), the
(1) declare that, by failing to adopt within the prescribed                    French Republic has failed to fulfil its obligations under
     time-limit the laws, regulations and administrative                       the Treaty.
     measures necessary in order to comply with Directive                 2. Order the French Republic to pay the costs.
     97/68/EC of the European Parliament and of the Council
     of 16 December 1997 on the approximation of the laws
     of the Member States relating to measures against the                Pleas in law and main arguments
     emission of gaseous and particulate pollutants from
     internal combustion engines to be installed in non-road              The pleas in law and main arguments are similar to those in
     mobile machinery (1), alternatively by failing in any event          Case C-316/99 (2). The time-limit for implementation laid
     to communicate those measures to the Commission, the                 down by Article 3 of Directive 93/35/EEC expired on 11 June
     French Republic has failed to fulfil its obligations under           1995.
     that directive;
                                                                          (1) OJ L 151 of 23 June 1993, p. 32.
(2) order the French Republic to pay the costs.                           (2) See page 19 of this Official Journal.