CELEX: C1998/327/20
Language: en
Date: 1998-10-24 00:00:00
Title: Action brought on 7 September 1998 by the Commission of the European Communities against the Kingdom of Belgium (Case C-329/98)

24.10.98              EN               Official Journal of the European Communities                                     C 327/13
Communities, represented by Richard Wainwright,                   The applicant claims that the Court should:
Principal Legal Adviser, and Olivier Couvert-CasteÂra, a
national civil servant on secondment to the Legal Service,
acting as Agents, with an address for service in                  Ð declare that, by failing to communicate and to adopt
Luxembourg at the office of Carlos Gómez de la Cruz,                  the laws, regulations and administrative measures
Wagner Centre, Kirchberg.                                             necessary in order to comply with Commission
                                                                      Directive 95/32/EC of 7 July 1995 relating to methods
                                                                      of analysis necessary for checking the composition of
The applicant claims that the Court should:                           cosmetic products (1), the Kingdom of Belgium has
                                                                      failed to fulfil its obligations under that directive;
Ð Declare that, by failing to adopt, within the prescribed
    period, the laws, regulations or administrative
    provisions necessary to comply with European                  Ð order the Kingdom of Belgium to pay the costs.
    Parliament and Council Directive 94/60/EC (1) of
    20 December 1994 amending for the 14th time
    Directive 76/769/EEC on the approximation of the              Pleas in law and main arguments adduced in support:
    laws, regulations and administrative provisions of
    the Member States relating to restrictions on the
    marketing and use of certain dangerous substances and         Article 2 of Commission Directive 95/32/EC requires the
    preparations or by failing to inform the Commission           Member States to bring into force the laws, regulations
    thereof, the Kingdom of Belgium has failed to fulfil its      and administrative provisions necessary to comply with
    obligations under the EC Treaty; and                          that directive by no later than 30 September 1996.
Ð Order the Kingdom of Belgium to pay the costs.
                                                                  That deadline has expired but the Kingdom of Belgium
                                                                  has not yet taken the requisite internal steps to transpose
                                                                  the directive in issue.
Pleas in law and main arguments adduced in support:
                                                                  (1) OJ L 178, 28.7.1995, p. 20.
Under Article 2(1) of European Parliament and Council
Directive 94/60/EC, Member States are to adopt and
publish the laws, regulations and administrative provisions
necessary to comply with the directive no later than one
year after the date of its adoption.
That time-limit expired on 20 December 1994 without the           Action brought on 7 September 1998 by the Commission
Kingdom of Belgium having adopted and published the                      of the European Communities against Ireland
necessary provisions in order to comply therewith.                                         (Case C-331/98)
                                                                                            (98/C 327/21)
(1) OJ L 365, 31.12.1994, p. 1.
                                                                  An action against Ireland was brought before the Court of
                                                                  Justice of the European Communities on 7 September
                                                                  1998 by the Commission of the European Communities,
                                                                  represented by Richard Wainwright, principal legal
Action brought on 7 September 1998 by the Commission              adviser, acting as agent, with an address for service in
of the European Communities against the Kingdom of                Luxembourg at the office of Carlos Gómez de la Cruz, a
                            Belgium                               member of the Legal Service of the Commission, Centre
                                                                  Wagner, Kirchberg.
                       (Case C-329/98)
                        (98/C 327/20)
                                                                  The applicant claims that the Court should:
An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities           Ð declare that by not prohibiting Irish sanitary
on 7 September 1998 by the Commission of the European                 authorities from making any direct discharges of List I
Communities, represented by Michel Nolin, of its Legal                substances to groundwater nor subjecting such
Service, acting as Agent, with an address for service in              authorities to any system of prior investigation and
Luxembourg at the office of Carlos Gómez de la Cruz,                  authorization for direct discharges of List II
Wagner Centre, Kirchberg.                                             substances, contrary, in particular, to Articles 3, 4 and