CELEX: C1997/331/27
Language: en
Date: 1997-11-01 00:00:00
Title: Action brought on 17 September 1997 by the Commission of the European Communities against the Kingdom of Belgium (Case C-323/97)

C 331/ 14              EN                  Official Journal of the European Communities                                    1 . 11 . 97
1 . Is Article 6 of the EEA Agreement to be interpreted as                   administrative provisions necessary to comply with
     meaning that the legal principles laid down by the                      the Seventeenth Commission Directive 94/32/EC (')
     Court of Justice in, inter alia, Joined Cases C-6/90 and                of 29 June 1994 adapting to technical progress
     C-9/90 Francovich are part of EEA law, so that a State                  Annexes II, III, V, VI and VII of Council Directive 76/
     can be liable in damages towards an individual for not                  768/EEC (2 ) on the approximation of the laws of the
     properly implementing Council Directive 80/987/EEC                      Member States relating to cosmetic products, the
     of 20 October 1980, on the approximation of the laws                    Kingdom of Belgium has failed to fulfil its obligations
     of the Member States relating to the protection of                      under that Directive;
     employees in the event of the insolvency of the
     employer ( l ), during the period in which the State was
     only party to the EEA Agreement and had not acceded              2 . order the Kingdom of Belgium to pay the costs.
     to the EU ?
                                                                      Pleas in law and main arguments adduced in support:
2. If the answer to Question 1 is in the affirmative, is
     Article 6 of the EEA Agreement to be interpreted as
     meaning that Directive 80/987/EEC as well as the
     legal principles which the Court of Justice laid down            Pleas in law and main arguments correspond to those set
     in, inter alia, Joined Cases C-6/90 and C-9/90                   out in Case C-320/97 ( 3 ), the period prescribed in the
     Francovich prevail over domestic law if the State has            Directive expired on 30 June 1995 .
     not implemented the aforementioned directive in the
     proper way ?                                                     W OJ L 181 , 15 . 7. 1994, p . 31 .
                                                                      (2 ) OJ L 262, 27. 9 . 1976 , p . 169 .
                                                                      ( 3 ) See p. 13 of this Official Journal .
3 . If the answer to Question 1 is the negative, does a
     State 's accession to the EU mean that Directive 80/
     987/EEC as well as the legal principles which the
     Court of Justice laid down in Francovich prevail over
     domestic law even in regard to circumstances
     occurring during a period in which the State was only
     party to the EEA Agreement but before its accession              Action brought on 17 September 1997 by the Commission
     to the EU if the State has not implemented the                   of the European Communities against the Kingdom of
     aforementioned directive in the proper way ?                                                      Belgium
                                                                                                  (Case C-323/97)
(M OJL283 , 28 . 10. 1980, p. 23 .
                                                                                                   ( 97/C 331 /27)
                                                                      An action against the Kingdom of Belgium was brought
                                                                      before the Court of Justice on 17 September 1997 by the
                                                                      Commission of the European Communities, represented
Action brought on 17 September 1997 by the Commission                 by Pieter Van Nuffel, of its Legal Service, acting as Agent,
of the European Communities against the Kingdom of                    with an address for service in Luxembourg at the office of
                               Belgium                                Carlos Gomez de la Cruz, also of the Commission's Legal
                         ( Case C-322/97)                             Service, Wagner Centre, Kirchberg.
                           ( 97/C 331/26 )
                                                                      The Commission claims that the Court should:
An action against the Kingdom of Belgium was brought
before the Court of Justice on 17 September 1997 by the                1 . declare that, by failing to bring into force, within the
Commission of the European Communities, represented                          period prescribed, the laws, regulations and
by Pieter Van Nuffel, of its Legal Service, acting as Agent,                 administrative provisions necessary to comply with
with an address for service in Luxembourg at the office of                   Council Directive 94/80/EC of 19 December 1994
Carlos Gomez de la Cruz, also of the Commission's Legal                      laying down detailed arrangements for the exercise of
Service, Wagner Centre, Kirchberg.                                           the right to vote and to stand as a candidate in
                                                                             municipal elections by citizens of the Union residing in
                                                                             a Member State of which they are not nationals ( ! ),
The Commission claims that the Court should :                                the Kingdom of Belgium has failed to fulfil its
                                                                             obligations under that Directive;
 1 . declare that, by failing to bring into force, within
      the period prescribed, the laws, regulations and                 2 . order the Kingdom of Belgium to pay the costs.
 ---pagebreak--- 1 . 11 . 97            EN                    Official Journal of the European Communities                                    C 331 / 15
Pleas in law and main arguments adduced in support:                     necessary to comply with the Directive named in the
                                                                        Commission's application.
Pleas in law and main arguments correspond to those set                 (') OJ L 168 , 18 . 7. 1995, p. 14 .
                                                                        ( 2 ) OJ L 384 , 31 . 12 . 1986 , p. 1 .
out in Case C-320/97 (2 ); the period prescribed in the
Directive expired on 31 December 1995 .
O OJ L 368 , 31 . 12 . 1994 , p. 38 .
(2) See p. 13 of this Official Journal.
                                                                        Action brought on 17 September 1997 by the Commission
                                                                        of the European Communities against the Federal
                                                                                                  Republic of Germany
                                                                                                    ( Case C-325/97)
                                                                                                      ( 97/C 331 /29 )
Action brought on 17 September 1997 by the Commission
 of the European Communities against the Italian Republic
                                                                        An action against the Federal Republic of Germany was
                          ( Case C-324/97)                              brought before the Court of Justice on 17 September 1997
                                                                        by the Commission of the European Communities,
                            ( 97/C 331/28 )                             represented by Klaus-Dieter Borchardt, of its Legal
                                                                        Service, acting as Agent, with an address for service in
                                                                        Luxembourg at the office of Carlos Gomez de la Cruz,
                                                                        also of the Commission's Legal Service, Wagner Centre,
An action against the Italian Republic was brought before               Kirchberg.
the Court of Justice of the European Communities on
17 September 1997 by the Commission of the European
Communities, represented by Paolo Stancanelli of its Legal              The Commission claims that the Court should:
Service, acting as Agent, with an address for service in
Luxembourg at the office of Carlos Gomez de la Cruz,
Wagner Centre, Kirchberg.                                               1 . declare that, by failing to adopt the measures
                                                                               necessary to comply with Directives 94/39/EC ( ! ) and
                                                                               95/10/EC (2 ) within the period prescribed, the Federal
                                                                               Republic of Germany has failed to fulfil its obligations
The applicant claims that the Court should:                                    under the EC Treaty and those Directives;
                                                                        2 . order the defendant to pay the costs.
— declare that, by not adopting the laws, regulations and
     administrative provisions necessary to comply with
     European Parliament and Council Directive 95/27/EC                 Pleas in law and main arguments adduced in support:
     of 29 June 1995 (') amending Council Directive
     86/662/EEC       on     the  limitation  of   noise  emitted       Pleas in law and main arguments correspond to those set
     by hydraulic excavators, rope-operated excavators,                 out in Case C-320/97 ( 3 ); the period prescribed for
     dozers, loaders and excavator-loaders ( 2) or, in any              transposition expired on 30 June 1995 .
     event, by not having communicated such measures, the
     Italian Republic has failed to fulfil its obligations
                                                                        O OJ L 207, 10 . 8 . 1994, p. 20 .
     under that Directive;
                                                                        (2 ) OJ L 91 , 22 . 4 . 1995 , p . 39 .
                                                                        (3 ) See p. 13 of this Official Journal.
— order the Italian Republic to pay the costs.
Pleas in law and main arguments adduced in support:
                                                                        Action brought on 17 September 1997 by the Commission
                                                                        of the European Communities against the Kingdom of
                                                                                                           Belgium
Article 1 89 of the EC Treaty, in providing that a directive                                         (Case C-326/97)
is binding, as to the result to be achieved, upon the
Member State to which it is addressed, places Member                                                   ( 97/C 331 /30 )
States under an obligation to comply with the time-limits
set by directives for their implementation. In the present
case, when the time-limit expired on 31 December 1995 ,                 An action against the Kingdom of Belgium was brought
the Italian Republic had not adopted the measures                        before the Court of Justice on 17 September 1997 by the