CELEX: C2000/355/24
Language: en
Date: 2000-12-09 00:00:00
Title: Case C-372/00: Action brought on 10 October 2000 by the Commission of the European Communities against Ireland

C 355/12              EN                     Official Journal of the European Communities                                         9.12.2000
Action brought on 5 October 2000 by the Commission                      The applicant claims that the Court should:
of the European Communities against the French Republic
                                                                        1.    declare that by failing to take all necessary measures to
                        (Case C-367/00)                                       ensure that the quality of bathing water conforms to
                                                                              the limit values in Council Directive 76/160/EEC(1) of
                                                                              8 December 1975 concerning the quality of bathing
                        (2000/C 355/22)                                       water and by failing to carry out the required minimum
                                                                              of sampling operations the Kingdom of Sweden has failed
                                                                              to fulfil its obligations under Articles 4(1) and 6(1) of that
An action against the French Republic was brought before the                  directive;
Court of Justice of the European Communities on 5 October
2000 by the Commission of the European Communities,
represented by Marie Wolfcarius, Legal Adviser, acting as               2.    order the Kingdom of Sweden to bear the costs.
Agent, with an address for service in Luxembourg at the office
of Carlos Gómez de la Cruz, of the Commission’s Legal Service,
Wagner Centre, Kirchberg.                                               Pleas in law and main arguments
The applicant claims that the Court should:                             Under the binding provisions of the third paragraph of
                                                                        Article 249 EC and the first paragraph of Article 10 EC,
—     Declare that, by failing to adopt the laws, regulations and       Member States must take, within the prescribed period, the
      administrative provisions needed in order to comply with          measures necessary to comply with directives addressed to the
      Council Directive 96/48/EC of 23 July 1996 on the                 Member States. In the case of Sweden, Directive 76/160/EEC
      interoperability of the trans-European high-speed rail            entered into force on 1 January 1995 as a result of the Act of
      system(1), the French Republic has failed to fulfil its           Accession (Article 2). Sweden was therefore obliged to meet
      obligations under that directive;                                 the requirements of the directive by that date at the latest.
                                                                        However, by the 1998 bathing season, Sweden had not taken
                                                                        all the measures necessary to fulfil its obligations under
—     Order the French Republic to pay the costs.
                                                                        Articles 4(1) and 6(1) of the directive.
Pleas in law and main arguments                                         (1) OJ 1976 L 031, p. 1.
The pleas in law and main arguments correspond to those in
Case C-366/00(2); the period for transposition laid down by
Article 23 of Directive 96/48/EC expired on 8 April 1999.
(1) OJ L 235, 17.9.1996, p. 6.
(2) OJ C ...
                                                                        Action brought on 10 October 2000 by the Commission
                                                                                of the European Communities against Ireland
                                                                                                   (Case C-372/00)
                                                                                                   (2000/C 355/24)
Action brought on 6 October 2000 by the Commission                      An action against Ireland was brought before the Court of
of the European Communities against the Kingdom of                      Justice of the European Communities on 10 October 2000 by
                             Sweden                                     the Commission of the European Communities, represented
                                                                        by Marie Wolfcarius, Legal Adviser, acting as agent, with an
                                                                        address for service at the office of Carlos Gómez de la Cruz, a
                        (Case C-368/00)                                 member of the Legal Service of the Commission, Wagner
                                                                        Centre, Kirchberg, Luxembourg.
                        (2000/C 355/23)
                                                                        The Applicant claims that the Court should:
An action against the Kingdom of Sweden was brought
before the Court of Justice of the European Communities                 —     declare that by failing to adopt the laws, regulations
on 6 October 2000 by the Commission of the European                           or administrative provisions necessary to comply with
Communities, represented by Lena Ström, of its Legal Service,                 Council Directive 96/48/EC of 23 July 1996 on the
acting as Agent, with an address for service in Luxembourg at                 interoperability of the trans-European high-speed rail
the office of Carlos Gómez de la Cruz, also of that service,                 system (1), Ireland has failed to fulfil its obligations under
Wagner Centre, Kirchberg.                                                     that Directive.
 ---pagebreak--- 9.12.2000             EN                    Official Journal of the European Communities                                      C 355/13
—     order Ireland to pay the costs.                                  Pleas in law and main arguments
                                                                       Under the third paragraph of Article 249 of the EC Treaty,
Pleas in law and main arguments                                        directives are to be binding, as to the result to be achieved,
                                                                       upon each Member State to which it is addressed. Under the
                                                                       first paragraph of Article 10 of the EC Treaty, Member States
Article 249 CE (ex Article 189 of the EC Treaty) under which           are to take all appropriate measures, whether general or
a directive shall be binding as to the result to be achieved,          particular, to ensure fulfilment of the obligations arising out
upon each Member State, carries by implication an obligation           of this Treaty or resulting from action taken by the institutions
on the Member States to observe the period for compliance              of the Community.
laid down in the directive. That period expired on 8 April 1999
without Ireland having adopted all the measures necessary to
comply with the directive referred to in the conclusions of the        The Commission finds that, to date, despite the expiry of the
Commission.                                                            prescribed period, the Italian Republic has not forwarded the
                                                                       reports on the implementation of the directives referred to in
                                                                       the Commission’s application.
(1) OJ L 235, 17.9.1996, p. 6.
                                                                       (1) OJ L 377, 31.12.1991, p. 48.
                                                                       (2) OJ L 194, 25.7.1975, p. 23.
                                                                       (3) OJ L 194, 25.7.1975, p. 39.
Action brought on 11 October 2000 by the Commission
of the European Communities against the Italian Republic               Action brought on 13 October 2000 by the Commission
                                                                       of the European Communities against the Grand Duchy
                        (Case C-376/00)                                                         of Luxembourg
                        (2000/C 355/25)                                                         (Case C-377/00)
                                                                                                (2000/C 355/26)
An action against the Italian Republic was brought before the
Court of Justice on 11 October 2000 by the Commission of
                                                                       An action against the Grand Duchy of Luxembourg was
the European Communities, represented by Hans Støvelbaek,
                                                                       brought before the Court of Justice of the European Communi-
of its Legal Service, and Roberto Amorosi, judge on
                                                                       ties on 13 October 2000 by the Commission of the European
secondment to the Legal Service, acting as Agents, with an
                                                                       Communities represented by Bernard Mongin, a member of its
address for service in Luxembourg at the office of Carlos
                                                                       Legal Service, acting as Agent, with an address for service in
Gómez de la Cruz, also of its Legal Service, Wagner Centre,
                                                                       Luxembourg at the office of Carlos Gómez de la Cruz, Wagner
Kirchberg.
                                                                       Centre, Kirchberg.
The applicant claims that the Court of Justice should:                 The applicant claims that the Court should:
—     Declare that, by failing to forward within the period            1.    declare that, by failing to adopt or notify the laws,
      prescribed by Article 5 of Council Directive                           regulations and administrative provisions necessary to
      91/692/EEC (1) of 23 December 1991 standardizing and                   comply with Council Directive 98/18/EC of 17 March
      rationalizing reports on the implementation of certain                 1998 on safety rules and standards for passenger ships (1),
      Directives relating to the environment the reports                     Luxembourg has failed to fulfil its obligations under that
      required under:                                                        Directive;
      —     Article 18 of Council Directive 75/439/EEC (2) of          2.    Order Luxembourg to pay the costs.
            16 June 1975 on the disposal of waste oils, as
            amended by Directive 87/101/EEC;                           Pleas in law and main arguments
      —     Article 121 of Directive 75/442/EEC (3) on waste as        The pleas in law and main arguments are analogous to those
            amended by Directive 91/156/EEC;                           submitted in Case C-335/00 (2); the period prescribed by
                                                                       Article 14(1) of Directive 98/18/EC expired on 1 July 1998.
      each of which as amended by Article 5 of the abovemen-
      tioned Directive 91/692/EEC, in respect of the period
      1995-1997, the Italian Republic has failed to fulfil its         (1) OJ L 144 of 15.5.1998, p. 1.
      obligations under the abovementioned directives.                 (2) OJ C ...
—     Order the Italian Republic to pay the costs.