CELEX: C1998/072/29
Language: en
Date: 1998-03-07 00:00:00
Title: Removal from the register of Case C-170/97

C 72/14                 EN                 Official Journal of the European Communities                                  7.3.98
Pleas in law and main arguments adduced in support:                   1995 without Ireland having enacted the provisions
                                                                      necessary to comply with the directive referred to in the
                                                                      conclusions of the Commission.
Article 189 of the EC Treaty, under which a directive shall
be binding, as to the result to be achieved, upon each
                                                                      (1) OJ L 157, 24.6.1994, p. 33.
Member State, carries by implication an obligation on the
                                                                      (2) OJ L 43, 20.2.1979, p. 20.
Member States to observe the period for compliance laid
down in the directive. That period expired on 1 July 1995
without Ireland having enacted the provisions necessary to
comply with the directive referred to in the conclusions of
the Commission.
(1) Directive 94/22/EC of the European Parliament and of the
    Council (OJ L 164, 30.6.1994, p. 3).                                    Removal from the register of Case C-276/96 (1)
                                                                                               (98/C 72/28)
                                                                      By order of 10 November 1997 the President of the Sixth
                                                                      Chamber of the Court of Justice of the European
Action brought on 29 January 1998 by the Commission of                Communities has ordered the removal from the register
             the European Communities v. Ireland                      of Case C-276/96: Commission of the European
                                                                      Communities v. Portuguese Republic.
                          (Case C-26/98)
                           (98/C 72/27)                               (1) OJ C 294, 5.10.1996.
An action against Ireland was brought before the Court of
Justice of the European Communities on 29 January 1998
by the Commission of the European Communities,
represented by Hans Christian Stùvlbñk, a member of its
Legal Service, and Michael Shotter, a national official
                                                                            Removal from the register of Case C-170/97 (1)
seconded to the Commission under an arrangement for the
exchange of officials, acting as agents, with an address for                                   (98/C 72/29)
service in Luxembourg at the office of Mr Carlos Gómez
de la Cruz, a member of the Legal Service of the
Commission, Centre Wagner.
                                                                      By order of 13 November 1997 the President of the Court
                                                                      of Justice of the European Communities has ordered the
The Applicant claims that the Court should:                           removal from the register of Case C-170/97: Commission
                                                                      of the European Communities v. Portuguese Republic.
Ð declare that by failing to notify the laws, regulations             (1) OJ C 199, 28.6.1997.
     or administrative provisions necessary to comply with
     Directive 94/26/EC (1) of 15 June 1994 adapting to
     technical progress Council Directive 79/196/EEC (2) of
     6 February 1979 on the approximation of the laws of
     the Member States concerning electrical equipment for
     use in potentially explosive atmospheres employing
     certain types of protection, or by failing to adopt the
     measures necessary to comply with it, Ireland has                      Removal from the register of Case C-171/97 (1)
     failed to fulfil its obligations under that Directive, and
                                                                                               (98/C 72/30)
Ð order Ireland to pay the costs.
                                                                      By order of 13 November 1997 the President of the Court
                                                                      of Justice of the European Communities has ordered the
Pleas in law and main arguments adduced in support:                   removal from the register of Case C-171/97: Commission
                                                                      of the European Communities v. Portuguese Republic.
Article 189 of the EC Treaty, under which a directive shall
be binding, as to the result to be achieved, upon each                (1) OJ C 199, 28.6.1997.
Member State, carries by implication an obligation on the
Member States to observe the period for compliance laid
down in the directive. That period expired on 31 March