CELEX: C1997/212/14
Language: en
Date: 1997-07-12 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 29 May 1997 in Joined Cases C-313/96, C-356/96 and C-358/96: Commission of the European Communities v. Kingdom of Belgium (Failure of a Member State to fulfil its obligations - Failure to implement Directives 91/410/EEC, 93/21/EEC and 93/90/EEC)

12 . 7 . 97               EN                 Official Journal of the European Communities                                    No C 212/7
                 JUDGMENT OF THE COURT                                                   JUDGMENT OF THE COURT
                                                                                                   (Fifth Chamber)
                           (Sixth Chamber)
                                                                                                   of 29 May 1997
                           of 29 May 1997
                                                                        in Joined Cases C-3 13/96, C-356/96 and C-358/96:
         in Case C-3 12/96: Commission of the European                  Commission of the European Communities v. Kingdom of
                Communities v. French Republic ( 1 )                                                  Belgium (')
                                                                        (Failure of a Member State to fulfil its obligations —
(Failure of a Member State to fulfil its obligations —                  Failure to implement Directives 91/410/EEC, 93/21/EEC
Directive 93/36/EEC — Failure to transpose within the                                              and 93/90/EEC)
                          prescribed period)
                                                                                                    ( 97/C 212/ 14 )
                              97/C 212/ 13
                                                                                          (Language of the case: French)
                                                                           (Provisional translation; the definitive translation will be
                                                                                    published in the European Court Reports)
                   (Language of the case: French)
                                                                        In Joined Cases C-3 13/96, C-356/96 and C-358/96 :
                                                                        Commission of the European Communities ( Agents :
                                                                        Hendrik van Lier, Jean-Francis Pasquier and Gotz zur
                                                                        Hausen ) against Kingdom of Belgium ( Agent: Jan
    (Provisional translation; the definitive translation will be        Devadder ) — application for a declaration that, by failing
             published in the European Court Reports)                   to adopt within the prescribed period the laws, regulations
                                                                        and administrative provisions necessary to comply with:
                                                                        — Commission Directive 91 /410/EEC of 22 July 1991
In Case C-3 12/96 : Commission of the European                                adapting to technical progress for the 14th time
Communities ( Agent: Hendrik van Lier ) against French                        Council Directive 67/548/EEC on the approximation
Republic (Agents: Catherine de Salins and Philippe                            of laws, regulations and administrative provisions
Martinet ) — application for a declaration that, by failing                   relating to the classification, packaging and labelling
to adopt within the prescribed period the laws, regulations                   of dangerous substances ( OJ No L 228 , 17. 8 . 1991 ,
and administrative provisions necessary to comply with                        p. 67),
Council Directive 93/36/EEC of 14 June 1993
coordinating procedures for the award of public supply                  — Commission Directive 93/21 /EEC of 27 April 1993
contracts ( OJ No L 199, 9 . 8 . 1993 , p. 1 ) and, in the                    adapting to technical progress for the 18th time
alternative, by failing to inform the Commission forthwith                    Directive 67/548/EEC ( OJ No L 110, 4 . 5 . 1993 ,
of the adoption of such measures, the French Republic has                     p. 20 ), with the exception of the provisions of that
failed to fulfil its obligations under the Directive and in                   Directive applicable to mobile gas cylinders containing
particular Article 34 thereof — the Court ( Sixth Chamber)                    butane, propane or liquid petroleum gas, and
composed of: G. F. Mancini, President of the Chamber,
J. L. Murray, C. N. Kakouris, P. J. G. Kapteyn and H.                   — Commission Directive 93/90/EEC of 29 October 1993
Ragnemalm ( Rapporteur ), Judges; C. O. Lenz, Advocate­                       concerning the list of substances referred to in
General; R. Grass, Registrar, gave a judgment on 29 May                       Article 13 ( 1 ) ( fifth indent ) of Directive 67/548/EEC
1997, in which it:                                                             ( OJ No L 277, 10 . 11 . 1993 , p. 33 ),
                                                                        and/or by failing to communicate the measures for their
                                                                        implementation, the Kingdom of Belgium has failed to
1 . declares that, by failing to adopt within the prescribed            fulfil its obligations under those Directives — the Court
                                                                         ( Fifth Chamber) composed of: J. C. Moitinho de Almeida,
       period the laws, regulations and administrative
                                                                        President of the Chamber, C. Gulmann ( Rapporteur),
       provisions necessary to comply with Council Directive
                                                                        D. A. O. Edward, J. -P. Puissochet and P. Jann, Judges;
       93/36/EEC of 14 June 1993 coordinating procedures
                                                                        F. G. Jacobs, Advocate-General; R. Grass, Registrar, gave
       for the award of public supply contracts, the French
                                                                        a judgment on 29 May 1997, the operative part of which
       Republic has failed to fulfil its obligations under the           is as follows :
       first paragraph of Article 34 (1 ) of that Directive;
                                                                         1 . By failing to adopt within the prescribed period the
                                                                               laws, regulations and administrative provisions
                                                                               necessary to comply with:
2 . orders the French Republic to pay the costs.
                                                                               — Commission Directive 91 /410/EEC of 22 July
                                                                                    1991 adapting to technical progress for
 ( 1 ) OJ No C 354 , 23 . 11 . 1996 .                                               the   14th     time    Council    Directive  67/548/
                                                                                    EEC on the approximation of laws, regulations
                                                                                    and administrative provisions relating to
                                                                                    the classification, packaging and labelling of
                                                                                    dangerous substances,
 ---pagebreak--- No C 212/8             EN                  Official Journal of the European Communities                                 12 . 7. 97
     — Commission Directive 93/21 /EEC of 27 April                         15 April 1994 adapting to technical progress for the
         1993 adapting to technical progress for the 18th                  first time Council Directive 90/220/EEC on the
         time Directive 67/548/EEC, with the exception of                  deliberate release into the environment of genetically
         the provisions of that Directive applicable to                    modified organisms, the Kingdom of Belgium has
         mobile gas cylinders containing butane, propane or                failed to fulfil its obligations under the - first
         liquid petroleum gas, and                                         subparagraph of Article 2 of that Directive;
     — Commission Directive 93/90/EEC of 29 October                   2 . orders the Kingdom of Belgium to pay the costs.
          1 993 concerning the list of substances referred to
         in Article 13 (1 ) (fifth indent) of Directive 67/548/
         EEC,                                                         (') OJ No C 370, 7. 12 . 1996 .
     the Kingdom of Belgium has failed to fulfil its
     obligations under Article 2 of each of those Directives .
2 . The Kingdom of Belgium is ordered to pay the costs.               Action brought on 22 April 1997 by the Commission of
                                                                        the European Communities against the Hellenic Republic
(') OJ No C 354 , 23 . 11 . 1996 .                                                              ( Case C-154/97 )
                                                                                                  ( 97/C 212/16 )
                                                                      An action against the Hellenic Republic was brought
                                                                      before the Court of Justice of the European Communities
                JUDGMENT OF THE COURT                                 on 22 April 1997 by the Commission of the European
                         ( Sixth Chamber)                             Communities, represented by Maria Kondou-Durande, of
                                                                      its Legal Service, with an address for service in
                         of 29 May 1997                               Luxembourg at the office of Carlos Gomez de la Cruz, of
                                                                      its Legal Service, Wagner Centre, Kirchberg.
       in Case C-3 57/96: Commission of the European
             Communities v. Kingdom of Belgium ( J )
                                                                      The applicant claims that the Court should :
(Failure by a Member State to fulfil its obligations —
Directive 94/15/EC — Failure to transpose within the
                        prescribed period)                            — declare that, by not adopting within the prescribed
                           ( 97/C 212/15 )                                 period the laws, regulations and administrative
                                                                           provisions necessary to implement Commission
                                                                           Directive 93/106/EC of 29 November 1993 amending
                 (Language of the case: French)                            Directive 92/76/EEC recognizing protected zones
                                                                           exposed to particular plant health risks in the
                                                                           Community H , the Hellenic Republic has failed to
   (Provisional translation; the definitive translation will be            fulfil its obligations under the Treaty and that
           published in the European Court Reports)                        Directive,
In Case C-357/96 : Commission of the European                         — order the Hellenic Republic to pay the costs .
Communities (Agent: Gotz zur Hausen ) against Kingdom
of Belgium (Agent: Jan Devadder ) — application for a
declaration that, by failing to adopt the laws, regulations           Pleas in law and main arguments adduced in support:
and administrative measures necessary in order to comply
with Commission Directive 94/15/EC of 15 April 1994                   Pursuant to Article 2 of Directive 93/106/EC , the Member
adapting to technical progress for the first time Council             States were to adopt the measures needed to comply with
Directive 90/220/EEC on the deliberate release into the               its provisions by 15 December 1993 and to inform the
environment of genetically modified organisms ( OJ No                  Commission thereof.
L 103 , 22 . 4 . 1994, p. 20 ), the Kingdom of Belgium has
failed to fulfil its obligations under that Directive — the
 Court ( Sixth Chamber ) composed of: G. F. Mancini ,                 The Commission notes that the Hellenic Republic has not
President of the Chamber, J. L. Murray, C. N. Kakouris,                yet brought its legislation into line with the Directive,
 P. J. G. Kapteyn and H. Ragnemalm ( Rapporteur), Judges;              thereby failing to fulfil its obligations under the third
 D. Ruiz-Jarabo Colomer, Advocate-General; R. Grass,                   paragraph of Article 189 and the first paragraph of
 Registrar, gave a judgment on 29 May 1997, in which it:               Article 5 of the Treaty.
                                                                       (') OJ No L 298 , 3 . 12 . 1993 , p . 34 .
 1 . declares that, by failing to adopt the laws, regulations
      and administrative measures necessary in order to
      comply with Commission Directive 94/15/EC of