CELEX: C1998/327/26
Language: en
Date: 1998-10-24 00:00:00
Title: Action brought on 22 September 1998 by the Commission of the European Communities against Ireland (Case C-345/98)

C 327/16              EN                Official Journal of the European Communities                                     24.10.98
The applicant claims that the Court should:                            provisions laid down by law, regulation or
                                                                       administrative action necessary to comply with
                                                                       Directive 94/47/EC (1) of the European Parliament and
Ð declare that, by failing to adopt or, in any event,                  the Council of 26 October 1994 on the protection of
    by failing to communicate to the Commission                        purchasers in respect of certain aspects of contracts
    the provisions laid down by law, regulation or                     relating to the purchase of the right to use immovable
    administrative action necessary to comply with                     properties on a timeshare basis, the Italian Republic
                                                                       has failed to fulfil its obligations under that directive;
    Ð Commission Directive 95/12/EC of 23 May 1995
         implementing Council Directive 92/75/EEC with
         regard to energy labelling of household washing           Ð order the Italian Republic to pay the costs.
         machines (1),
                                                                   Pleas in law and main arguments adduced in support:
    Ð Commission Directive 95/13/EC of 23 May 1995
         implementing Council Directive 92/75/EEC with
         regard to energy labelling of household electric          Article 189 of the EC Treaty, in accordance with which a
         tumble driers (2),                                        directive is binding, as to the result to be achieved, upon
                                                                   each Member State to which it is addressed, obliges
                                                                   Member States to respect the time-limits for
    the Italian Republic has failed to fulfill its obligations
                                                                   implementation prescribed by directives. When the time-
    under those directives;
                                                                   limit expired on 30 April 1997 the Italian Republic had
                                                                   not adopted the provisions necessary to comply with the
Ð order the Italian Republic to pay the costs.                     directive referred to in the forms of order sought by the
                                                                   Commission.
Pleas in law and main arguments adduced in support:
                                                                   (1) OJ L 280, 29.10.1994, p. 83.
Article 189 of the EC Treaty, in accordance with which
a directive is binding, as to the result to be achieved,
upon each Member State to which it is addressed,
obliges Member States to respect the time-limits
for implementation prescribed by directives. When the
time-limit expired on 1 March 1996 the Italian Republic            Action brought on 22 September 1998 by the Commission
had not adopted the provisions necessary to comply with                   of the European Communities against Ireland
the directives referred to in the forms of order sought by                                (Case C-345/98)
the Commission.
                                                                                            (98/C 327/26)
(1) OJ L 136, 21.6.1995, p. 1.
(2) OJ L 136, 21.6.1995, p. 28.
                                                                   An action against Ireland was brought before the Court of
                                                                   Justice of the European Communities on 22 September
                                                                   1998 by the Commission of the European Communities,
                                                                   represented by Hans Christian Stùvlbaek, a member of its
                                                                   Legal Service, and Michael Shotter, a national official
                                                                   seconded to the Commission under an arrangement for the
Action brought on 11 September 1998 by Commission of               exchange of officials, acting as agents, with an address for
    the European Communities against Italian Republic              service in Luxembourg at the office of Carlos Gómez de la
                       (Case C-335/98)                             Cruz, a member of the Legal Service of the Commission,
                                                                   Centre Wagner.
                         (98/C 327/25)
                                                                   The applicant claims that the Court should:
An action against Italian Republic was brought before the
Court of Justice of the European Communities on
                                                                   Ð declare that by failing to adopt and publish the laws,
11 September 1998 by Commission of the European
                                                                       regulations or administrative provisions necessary to
Communities, represented by Paolo Stancanelli, of its
                                                                       comply with Directive 94/9/EC (1) of the European
Legal Service, acting as Agent, with an address for service
                                                                       Parliament and Council, of 23 March 1994, on the
in Luxembourg at the office of Carlos Gómez de la Cruz,
                                                                       approximation of the laws of the Member States
Wagner Centre, Kirchberg.
                                                                       concerning equipment and protective systems intended
                                                                       for use in potentially explosive atmospheres, Ireland
The applicant claims that the Court should:                            has failed to fulfil its obligations under that Directive,
                                                                       and
Ð declare that, by failing to adopt or, in any event, by
    failing to communicate to the Commission the                   Ð order Ireland to pay the costs.
 ---pagebreak--- 24.10.98              EN                Official Journal of the European Communities                               C 327/17
Pleas in law and main arguments adduced in support:                      Removal from the register of Case C-334/96 (1)
                                                                                           (98/C 327/28)
Article 189 of the EC Treaty, under which a directive shall
be binding, as to the result to be achieved, upon each
Member State, carries by implication an obligation on the          By order of 23 July 1998 the President of the Court of
Member States to observe the period for compliance laid            Justice of the European Communities has ordered the
down in the directive. That period expired on 1 September          removal from the register of Case C-334/96 (reference
1995 without Ireland having enacted the provisions                 for a preliminary ruling from the Verwaltungsgericht,
necessary to comply with the directive referred to in the          Düsseldorf): Stadt Dormagen v Bezirksregierung
conclusions of the Commission.                                     Düsseldorf.
(1) OJ L 100, 19.4.1994, p. 1.
                                                                   (1) OJ C 370, 7.12.1996.
      Removal from the register of Case C-123/97 (1)
                         (98/C 327/27)                                   Removal from the register of Case C-357/97 (1)
                                                                                           (98/C 327/29)
By order of 17 July 1998 the President of the Court of
Justice of the European Communities has ordered the
removal from the register of Case C-123/97 (reference for          By order of 24 August 1998 the President of the Court of
a preliminary ruling from the Pretura Circondariale di             Justice of the European Communities has ordered the
Padova): Tommaso Nalon v Ente Poste Italiane.                      removal from the register of Case C-357/97: Commission
                                                                   of the European Communities v Ireland.
(1) OJ C 166, 31.5.1997.
                                                                   (1) OJ C 370, 6.12.1997.
                                                  COURT OF FIRST INSTANCE
   Election of the President of the Court of First Instance            Ð Mr Cooke,
                         (98/C 327/30)
                                                                       Ð Mr Jaeger.
At their meeting on 17 September 1998 the Judges of the
Court of First Instance elected, pursuant to Article 7 of
the Rules of Procedure, Judge Bo Vesterdorf as President           B. to assign the Members of the Court of First Instance
of the Court of First Instance for the period from                     to the Chambers as follows:
17 September 1998 to 31 August 2001.
                                                                       to the First Chamber:
                                                                       Mr Vesterdorf (President), Mr Pirrung and Mr Vilaras,
Designation of the Presidents of Chamber, and the                      Judges;
                composition of the Chambers
                         (98/C 327/31)
                                                                       to the First Chamber, Extended Composition:
At its meeting on 21 September 1998, the Court of First
Instance decided, pursuant to Article 2(4) of the Council
Decision of 24 October 1988 and Articles 10 and 15 of                  Mr Vesterdorf (President), Mr Bellamy, Mr Pirrung,
the Rules of Procedure of the Court of First Instance, in              Mr Meij and Mr Vilaras, Judges;
respect of the period between 21 September 1998 and
30 September 1999:
                                                                       to the Second Chamber:
A. to designate as Presidents of Chamber:
    Ð Mr Potocki,
                                                                       Mr Potocki (President of Chamber), Mr Bellamy and
    Ð Mr Moura Ramos,                                                  Mr Meij, Judges;