CELEX: C1997/357/40
Language: en
Date: 1997-11-22 00:00:00
Title: Action brought on 6 October 1997 by the Commission of the European Communities against the Kingdom of Belgium (Case C-347/97)

22 . 11 . 97             EN                  Official Journal of the European Communities                                 C 357/23
Action brought on 6 October 1997 by the Commission                      the European Communities, represented by Klaus-Dieter
of the European Communities against the Kingdom of                      Borchardt, of its Legal Service, with an address for service
                                  Belgium                               in Luxembourg at the office of Carlos Gomez de la Cruz,
                           ( Case C-347/97)                             of its Legal Service, 254 Wagner Centre, Kirchberg,
                                                                        Luxembourg.
                             ( 97/C 357/40 )
                                                                        The applicant claims that the Court should:
An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities                 — declare that ( i ) by allowing, contrary to Article 2 of
on 6 October 1997 by the Commission of the European                          Regulation ( EEC ) No 2252/90 ('), goods, for which a
Communities, represented by Gotz zur Hausen, Legal                           refund had been granted on their importation from the
Adviser, acting as Agent, with an address for service in                    Netherlands, to be introduced into the Federal
Luxembourg at the office of Carlos Gomez de la Cruz,                         Republic of Germany without a levy corresponding to
Wagner Centre, Kirchberg.                                                   the Community level of prices being raised and paid
                                                                             over to the Community and ( ii ) by abolishing all
                                                                            customs formalities for the movement of goods within
The Commission of the European Communities claims                            Germany and not adopting the measures required to
that the Court should :
                                                                             implement Regulation ( EEC ) No 2252/90, the Federal
                                                                             Republic of Germany failed to fulfil its obligations
                                                                             under the EC Treaty,
— declare that, by failing to adopt and/or communicate
     measures necessary to comply with Article 6 of
     Council Directive 91 / 157/EEC of 18 March 1991                    — order the defendant to pay the costs.
     on batteries and accumulators containnig certain
     dangerous substances ('), the Kingdom of Belgium has
     failed to fulfill its obligations under that Directive,            Pleas in law and main arguments adduced in support:
— order the Kingdom of Belgium to pay the costs.                        The     Federal       Republic     of Germany has  infringed
                                                                        Community law in that:
Pleas in law and main arguments adduced in support:
                                                                        — it has failed to levy duty on imported butter, and has
                                                                             not assessed a sum, which is lost to the Community
The mandatory nature of the provisions of the third                          budget, of DM 12 684 000 and paid that sum, with
paragraph of Article 189 and the first paragraph of                          interest, to the Community,
Article 5 of the EC Treaty requires Member States to
achieve the results provided for therein before the expiry              — all customs formalities at the internal German border
of the period prescribed for doing so. The programmes                       were abolished before reunification on 3 October
referred to in Article 6 of the Directive should have been
                                                                             1990 and the measures required to implement
drawn up and communicated to the Commission by                               Regulation ( EEC ) No 2252/90 were not adopted .
17 September 1992 at the latest and it is neither disputed
or disputable that the Kingdom of Belgium did not take
all the national measures necessary in order to draw up                 (') OJ L 203 , 1 . 8 . 1990, p. 61 .
the programmes in question.
(') OJ L 78 , 26 . 3 . 1991 , p . 38 .
                                                                        Action brought on 13 October 1997 by the Commission
                                                                        of the European Communities against the Grand Duchy of
                                                                                                       Luxembourg
Action brought on 7 October 1997 by the Commission of                                              ( Case C-351/97)
the European Communities against the Federal Republic                                                ( 97/C 357/42 )
                               of Germany
                             Case C-348/97 )
                                                                        An action against the Grand Duchy of Luxembourg was
                             ( 97/C 357/41 )                            brought before the Court of Justice of the European
                                                                        Communities on 13 October 1997 by the Commission of
                                                                        the European Communities, represented by Gerard
An action against the Federal Republic of Germany was                   Berscheid, of its Legal Service, acting as Agent, with an
brought before the Court of Justice of the European                     address for service in Luxembourg at the office of Carlos
Communities on 7 October 1997 by the Commission of                      Gomez de la Cruz, Wagner Centre, Kirchberg.