CELEX: C1997/331/29
Language: en
Date: 1997-11-01 00:00:00
Title: Action brought on 17 September 1997 by the Commission of the European Communities against the Federal Republic of Germany (Case C-325/97)

1 . 11 . 97            EN                    Official Journal of the European Communities                                    C 331 / 15
Pleas in law and main arguments adduced in support:                     necessary to comply with the Directive named in the
                                                                        Commission's application.
Pleas in law and main arguments correspond to those set                 (') OJ L 168 , 18 . 7. 1995, p. 14 .
                                                                        ( 2 ) OJ L 384 , 31 . 12 . 1986 , p. 1 .
out in Case C-320/97 (2 ); the period prescribed in the
Directive expired on 31 December 1995 .
O OJ L 368 , 31 . 12 . 1994 , p. 38 .
(2) See p. 13 of this Official Journal.
                                                                        Action brought on 17 September 1997 by the Commission
                                                                        of the European Communities against the Federal
                                                                                                  Republic of Germany
                                                                                                    ( Case C-325/97)
                                                                                                      ( 97/C 331 /29 )
Action brought on 17 September 1997 by the Commission
 of the European Communities against the Italian Republic
                                                                        An action against the Federal Republic of Germany was
                          ( Case C-324/97)                              brought before the Court of Justice on 17 September 1997
                                                                        by the Commission of the European Communities,
                            ( 97/C 331/28 )                             represented by Klaus-Dieter Borchardt, of its Legal
                                                                        Service, acting as Agent, with an address for service in
                                                                        Luxembourg at the office of Carlos Gomez de la Cruz,
                                                                        also of the Commission's Legal Service, Wagner Centre,
An action against the Italian Republic was brought before               Kirchberg.
the Court of Justice of the European Communities on
17 September 1997 by the Commission of the European
Communities, represented by Paolo Stancanelli of its Legal              The Commission claims that the Court should:
Service, acting as Agent, with an address for service in
Luxembourg at the office of Carlos Gomez de la Cruz,
Wagner Centre, Kirchberg.                                               1 . declare that, by failing to adopt the measures
                                                                               necessary to comply with Directives 94/39/EC ( ! ) and
                                                                               95/10/EC (2 ) within the period prescribed, the Federal
                                                                               Republic of Germany has failed to fulfil its obligations
The applicant claims that the Court should:                                    under the EC Treaty and those Directives;
                                                                        2 . order the defendant to pay the costs.
— declare that, by not adopting the laws, regulations and
     administrative provisions necessary to comply with
     European Parliament and Council Directive 95/27/EC                 Pleas in law and main arguments adduced in support:
     of 29 June 1995 (') amending Council Directive
     86/662/EEC       on     the  limitation  of   noise  emitted       Pleas in law and main arguments correspond to those set
     by hydraulic excavators, rope-operated excavators,                 out in Case C-320/97 ( 3 ); the period prescribed for
     dozers, loaders and excavator-loaders ( 2) or, in any              transposition expired on 30 June 1995 .
     event, by not having communicated such measures, the
     Italian Republic has failed to fulfil its obligations
                                                                        O OJ L 207, 10 . 8 . 1994, p. 20 .
     under that Directive;
                                                                        (2 ) OJ L 91 , 22 . 4 . 1995 , p . 39 .
                                                                        (3 ) See p. 13 of this Official Journal.
— order the Italian Republic to pay the costs.
Pleas in law and main arguments adduced in support:
                                                                        Action brought on 17 September 1997 by the Commission
                                                                        of the European Communities against the Kingdom of
                                                                                                           Belgium
Article 1 89 of the EC Treaty, in providing that a directive                                         (Case C-326/97)
is binding, as to the result to be achieved, upon the
Member State to which it is addressed, places Member                                                   ( 97/C 331 /30 )
States under an obligation to comply with the time-limits
set by directives for their implementation. In the present
case, when the time-limit expired on 31 December 1995 ,                 An action against the Kingdom of Belgium was brought
the Italian Republic had not adopted the measures                        before the Court of Justice on 17 September 1997 by the