CELEX: C1999/100/08
Language: en
Date: 1999-04-10 00:00:00
Title: Judgment of the Court (First Chamber) of 9 February 1999 in Case C-354/97 Commission of the European Communities v. French Republic (Failure by a Member State to fulfil its obligations - Directives 93/74/EEC, 94/28/EC, 94/39/EC, 95/9/EC and 95/10/EC)

C 100/6              EN                  Official Journal of the European Communities                                    10.4.1999
              JUDGMENT OF THE COURT                                 1. Declares that, by failing to adopt within the periods
                                                                         prescribed the laws, regulations and administrative
                      (First Chamber)                                    provisions necessary to comply with:
                    of 9 February 1999
                                                                         Ð Council Directive 93/74/EEC of 13 September
in   Case    C-354/97 Commission of the European
                                                                             1993 on feedingstuffs intended for particular
             Communities v. French Republic (1)
                                                                             nutritional purposes,
(Failure by a Member State to fulfil its obligations Ð
Directives 93/74/EEC, 94/28/EC, 94/39/EC, 95/9/EC and                    Ð Council Directive 94/28/EC of 23 June 1994
                         95/10/EC)                                           laying down the principles relating to the
                      (1999/C 100/08)                                        zootechnical      and     genealogical      conditions
                                                                             applicable to imports from third countries of
                                                                             animals, their semen, ova and embryos, and
               (Language of the case: French)                                amending Directive 77/504/EEC on pure-bred
                                                                             breeding animals of the bovine species,
 (Provisional translation; the definitive translation will be
         published in the European Court Reports)                        Ð Commission Directive 94/39/EC of 25 July 1994
                                                                             establishing a list of intended uses of animal
                                                                             feedingstuffs for particular nutritional purposes,
In Case C-354/97: Commission of the European
Communities (Agent: Xavier Lewis) v. French Republic                     Ð Commission Directive 95/9/EC of 7 April 1995
(Agents: Kareen Rispal-Bellanger and Christina Vasak) Ð                      amending Directive 94/39/EC, and
Application for a declaration that, by failing to bring into
force within the periods prescribed the laws, regulations                Ð Commission Directive 95/10/EC of 7 April 1995
and administrative provisions Ð including, where                             fixing the method of calculating the energy value
appropriate, sanctions Ð necessary to comply with:                           of dog and cat food intended for particular
                                                                             nutritional purposes,
Ð Council Directive 93/74/EEC of 3 September 1993 on
    feedingstuffs intended for particular nutritional                    the French Republic has failed to fulfil its obligations
    purposes (OJ L 237, 22.9.1993, p. 23),                               under Article 12 of Directive 93/74/EEC, Article 13 of
                                                                         Directive 94/28/EC, Article 2 of Directive 94/39/EC,
                                                                         Article 2 of Directive 95/9/EC and Article 3 of
Ð Council Directive 94/28/EC of 23 June 1994 laying
                                                                         Directive 95/10/EC;
    down the principles relating to the zootechnical and
    genealogical conditions applicable to imports from
    third countries of animals, their semen, ova and                2. Orders the French Republic to pay the costs.
    embryos, and amending Directive 77/504/EEC on
    pure-bred breeding animals of the bovine species (OJ            (1) OJ C 357, 22.11.1997.
    L 178, 12.7.1994, p. 66),
Ð Commission Directive 94/39/EC of 25 July 1994
    establishing a list of intended uses of animal
    feedingstuffs for particular nutritional purposes (OJ
    L 207, 10.8.1994, p. 20),
                                                                                   JUDGMENT OF THE COURT
Ð Commission Directive 95/9/EC of 7 April 1995                                              (First Chamber)
    amending Directive 94/39/EC (OJ L 91, 22.4.1995,                                      of 9 February 1999
    p. 35), and
                                                                    in Case C-383/97 (reference for a preliminary ruling from
                                                                    the Amtsgericht Nordhorn): Criminal proceedings against
Ð Commission Directive 95/10/EC of 7 April 1995 fixing                                 Arnoldus van der Laan (1)
    the method of calculating the energy value of dog and
    cat food intended for particular nutritional purposes           (Labelling and presentation of foodstuffs Ð Article 30 of
    (OJ L 91, 22.4.1995, p. 39),                                    the EC Treaty and Directive 79/112/EEC Ð Dutch
                                                                      formed shoulder ham composed of shoulder ham pieces)
and/or by failing to notify the Commission thereof, the                                    (1999/C 100/09)
French Republic has failed to fulfil its obligations under
Article 12 of Directive 93/74/EEC, Article 13 of Directive                         (Language of the case: German)
94/28/EC, Article 2 of Directive 94/39/EC, Article 2 of
Directive 95/9/EC and Article 3 of Directive 95/10/EC Ð
                                                                      (Provisional translation; the definitive translation will be
the Court (First Chamber), composed of: P. Jann
                                                                              published in the European Court Reports)
(President of the Chamber) D. A. O. Edward (Rapporteur)
and, L. Sevón, Judges; D. Ruiz-Jarabo Colomer, Advocate-
General; R. Grass, Registrar, has given a judgment on               In Case C-383/97: Reference to the Court under
9 February 1999, in which it:                                       Article 177 of the EC Treaty by the Amtsgericht