CELEX: C2002/097/10
Language: en
Date: 2002-04-20 00:00:00
Title: Case C-51/02: Action brought on 19 February 2002 by the Commission of the European Communities against Ireland

20.4.2002                EN                    Official Journal of the European Communities                                        C 97/5
Pleas in law and main arguments                                           Action brought on 20 February 2002 by the Commission
                                                                          of the European Communities against the United King-
                                                                                                         dom
Pleas in law and main arguments are similar to those put
forward in Case C-44/02 (2); the time-limit for transposition
expired on 21 December 2000.                                                                        (Case C-52/02)
(1) OJ 2000 L 173, p. 1.
(2) See page 4 of this OJ.                                                                         (2002/C 97/11)
                                                                          An action against the United Kingdom was brought before the
                                                                          Court of Justice of the European Communities on 20 February
Action brought on 19 February 2002 by the Commission                      2002 by the Commission of the European Communities,
        of the European Communities against Ireland                       represented by Michael Shotter, acting as Agent, with an
                                                                          address for service in Luxembourg.
                            (Case C-51/02)
                            (2002/C 97/10)                                The Applicant claims that the Court should:
                                                                          1)    declare that by failing to adopt the laws, regulations
An action against Ireland was brought before the Court of                       and administrative provisions necessary to comply with
Justice of the European Communities on 19 February 2002 by                      Directive 2000/71/EC (1) of 7 November 2000 to adapt
the Commission of the European Communities, represented                         the measuring methods as laid down in Annexes I, II,
by Marie Wolfcarius and Michael Shotter, acting as Agents,                      III and IV to Directive 98/70/EC (2) of the European
with an address for service in Luxembourg.                                      Parliament and of the Council to technical progress as
                                                                                foreseen in Article 10 of that Directive or, in any event,
                                                                                by failing to notify such provisions to the Commission,
The Applicant claims that the Court should:                                     the United Kingdom of Great Britain and Northern Ireland
                                                                                has failed to fulfil its obligations under Article 2(1)
1)    declare that by failing to adopt the laws, regulations                    and 2(2) of this Directive;
      or administrative provisions necessary to comply with
      Commission Directive 1999/52/EC(1) of 26 May 1999
      adapting to technical progress Council Directive                    2)    order the United Kingdom to pay the costs.
      96/96/EC (2) on the approximation of the laws of the
      Member States relating to roadworthiness tests for motor
      vehicles and their trailers, or in any event by failing to
      inform the Commission of those measures, Ireland has
      failed to fulfil its obligations under that Directive;
                                                                          Pleas in law and main arguments
2)    order Ireland to pay the costs.
                                                                          Article 249 EC, under which a directive shall be binding as to
Pleas in law and main arguments                                           the result to be achieved, upon each Member State, carries by
                                                                          implication an obligation on the Member States to observe the
                                                                          period for compliance laid down in the directive. That period
Article 249 EC, under which a directive shall be binding as to            expired on 1 January 2001 without the United Kingdom
the result to be achieved, upon each Member State, carries by             having enacted the provisions necessary to comply with the
implication an obligation on the Member States to observe the             directive referred to in the conclusions of the Commission.
period for compliance laid down in the directive. That period
expired on 1 October 2000 without Ireland having enacted
the provisions necessary to comply with the directive referred
to in the conclusions of the Commission.
                                                                          (1) OJ L 287, 14.11.2000, p. 46.
                                                                          (2) of 13 October 1998 (OJ L 350, 28.12.1998, p. 58).
(1) OJ L 142, 5.6.1999, p. 26.
(2) of 20 December 1996 (OJ L 46, 17.2.1997, p. 1).