CELEX: C1999/226/40
Language: en
Date: 1999-08-07 00:00:00
Title: Case C-218/99: Action brought on 8 June 1999 by the Commission of the European Communities against the Grand Duchy of Luxembourg

C 226/24                 EN                   Official Journal of the European Communities                                           7.8.1999
     products involved a notification number provided for by             2. order the Grand Duchy of Luxembourg to pay the costs.
     Article 4 thereof, the Kingdom of Belgium has failed to
     fulfil its obligations under Articles 28 ff. (ex Article 30) of
     the EC Treaty;
                                                                         Pleas in law and main arguments
— order the Kingdom of Belgium to pay the costs.
                                                                         The third paragraph of Article 249 of the EC Treaty is binding
                                                                         and therefore requires the Member States to comply with the
                                                                         time-limits laid down in directives. The prescribed period laid
Pleas in law and main arguments                                          down in the first paragraph of Article 15 of the directive ended
                                                                         on 1 January 1997 without the Grand Duchy of Luxembourg
                                                                         having adopted the necessary measures.
Despite the fact that the legislation applies to both national
and foreign products equally, the obligation to indicate the
notification number attributed by the Belgian authorities                (1) OJ L 213 of 7.9.1995, p. 1.
could have restrictive effects on trace, since it makes special
packaging or labelling necessary when contemplating distri-
bution in Belgium. Since it is merely the result of a desire to
facilitate monitoring measures and to make it easy to check
whether a product has been previously notified, it cannot be
justified by public health considerations, since less burdensome
measures could easily be devised. The Belgian authorities are
wrong to cite examples of Community provisions providing
for marking (veterinary sector, milk products, toys, aerosol
sprays and medicinal products) which permit the free move-               Action brought on 8 June 1999 by the Commission of the
ment of the product while indicating its compliance with                     European Communities against the French Republic
binding legislation, when the obligation which is the subject-
matter of the present action serves to lighten controls after
prior notification is given.                                                                        (Case C-219/99)
                                                                                                    (1999/C 226/41)
                                                                         An action against the French Republic was brought before the
                                                                         Court of Justice of the European Communities on 8 June 1999
                                                                         by the Commission of the European Communities, represented
                                                                         by Hendrik van Lier, Legal Adviser, acting as Agent with an
                                                                         address for service in Luxembourg at the Chambers of Carlos
Action brought on 8 June 1999 by the Commission of the                   Gómez de la Cruz, Wagner Centre, Kirchberg.
European Communities against the Grand Duchy of
                            Luxembourg
                                                                         The Commission of the European Communities claims that
                                                                         the Court should:
                          (Case C-218/99)
                                                                         1. declare that, by failing to adopt the laws, regulations
                          (1999/C 226/40)                                     and administrative provisions necessary to comply with
                                                                              European Parliament and Council Directive 95/16/EC of
                                                                              29 June 1995 on the approximation of the laws of the
An action against the Grand Duchy of Luxembourg was                           Member States relating to lifts (1), the French Republic has
brought before the Court of Justice of the European Communi-                  failed to fulfil its obligations under that directive;
ties on 8 June 1999 by the Commission of the European
Communities, represented by Hendrik van Lier, Legal Adviser,             2. order the French Republic to pay the costs.
acting as Agent, with an address for service in Luxembourg at
the Chambers of Carlos Gómez de la Cruz, Wagner Centre,
Kirchberg.
                                                                         Pleas in law and main arguments
The Commission of the European Communities claims that
the Court should:                                                        The pleas in law and main arguments are the same as those in
                                                                         Case C-218/99 (2).
1. declare that, by failing to adopt the laws, regulations
     and administrative provisions necessary to comply with
                                                                         (1) OJ L 213 of 7.9.1995, p. 1.
     European Parliament and Council Directive 95/16/EC of               (2) See p. 24 of this Official Journal.
     29 June 1995 on the approximation of the laws of the
     Member States relating to lifts (1), the Grand Duchy of
     Luxembourg has failed to fulfil its obligations under that
     directive;