CELEX: C1999/314/10
Language: en
Date: 1999-10-30 00:00:00
Title: Case C-337/99: Action brought on 10 September 1999 by the Commission of the European Communities against the Kingdom of Belgium

30.10.1999             EN                   Official Journal of the European Communities                                         C 314/5
4. The Commission’s decision determines the element of aid             Action brought on 10 September 1999 by the Com-
     by applying the Community reference rate prevailing at            mission of the European Communities against the
     the date on which the grants of aid were disbursed. The                                 Kingdom of Belgium
     rate indicated by the Commission corresponds to that
     specified for the repayment of illegal aid in Communi-                                     (Case C-337/99)
     cation 97/C/273/03 from the Commission to the Member
     States.
                                                                                                (1999/C 314/10)
     That rate cannot be applied retroactively to the period
     which elapsed between the point in time at which the aid          An action against the Kingdom of Belgium was brought
     was granted and the entry into force of the above                 before the Court of Justice of the European Communities on
     mentioned rules, since it is contrary to the principle of         10 September 1999 by the Commission of the European
     legal certainty and the principle of the protection of            Communities, represented by Barry Doherty, of its Legal
     legitimate expectations.                                          Service, acting as Agent, with an address for service in
                                                                       Luxembourg at the office of Carlos Gómez de la Cruz, Wagner
                                                                       Centre, Kirchberg.
(1) OJ L 236 of 7.9.1999, p. 14.
(2) OJ L 177 of 1.7.1981, p. 31.
(3) OJ L 126 of 9.5.1989, p. 1.                                        The Commission of the European Communities claims that
                                                                       the Court should:
                                                                       1. declare that, by failing to adopt the laws, regulations and
                                                                           administrative measures necessary in order to comply with
                                                                           Article 4a(4) of Directive 90/388/EEC as amended by
                                                                           Directive 96/19/EC (1), alternatively by failing to communi-
Action brought on 7 September 1999 by the Commission                       cate the same to the Commission, the Kingdom of Belgium
of the European Communities against the French Republic                    has failed to fulfil its obligations under that directive and
                                                                           under the Treaty establishing the European Community;
                         (Case C-331/99)
                                                                       2. order the Kingdom of Belgium to pay the costs.
                         (1999/C 314/09)
                                                                       Pleas in law and main arguments
An action against the French Republic was brought before the
Court of Justice of the European Communities on 7 September            Article 249 EC (formerly Article 189 of the EC Treaty),
1999 by the Commission of the European Communities;                    according to which a directive is to be binding, as to the result
represented by Hans Støvlbaek, of its Legal Service, and Olivier       to be achieved, upon each Member State to which it is
Couvert-Castéra, a national civil servant on secondment to the         addressed, requires Member States to observe the time-limits
Legal Service, acting as Agents, with an address for service in        laid down in directives for their transposition. The time-limit
Luxembourg at the office of Carlos Gómez de la Cruz, Wagner           in the present case expired on 11 January 1997 without the
Centre, Kirchberg.                                                     Kingdom of Belgium having brought into force the necessary
                                                                       provisions in order to comply with the directive referred to in
The applicant claims that the Court should:                            the Commission’s application.
— Declare that, by adopting and keeping in force of
     Article 1(f) of Decree No 77-469 of 28 April 1977, the            (1) OJ L 74 of 22.3.1996, p. 13.
     French Republic has failed to fulfil its obligations under
     Article 6(3) of Directive 76/768/EEC (1);
— Order the French Republic to pay the costs.
Pleas in law and main arguments
                                                                       Action brought on 10 September 1999 by the Com-
The list of items of information laid down in Article 6(1) of          mission of the European Communities against the
Directive 76/768/EEC is exhaustive, and therefore the Directive                              Kingdom of Belgium
does not permit national rules requiring information to be
given on the quality and quantity of the substances mentioned                                   (Case C-338/99)
on the packaging, in advertising or in the name of the cosmetic
products covered by the Directive.                                                              (1999/C 314/11)
(1) Council Directive 76/768/EEC of 27 July 1976 on the approxi-       An action against the Kingdom of Belgium was brought
    mation of the laws of the Member States relating to cosmetic       before the Court of Justice of the European Communities on
    products (OJ L 262 of 27 September 1976, p. 169), as amended,      10 September 1999 by the Commission of the European
    with regard to Article 6, by Council Directive 88/667/EEC of       Communities, represented by Léna Ström, Legal Adviser, and
    21 December 1988 (OJ L 382 of 31 December 1988, p. 46).
                                                                       Olivier Couvert-Castéra, of its Legal Service, acting as Agents,
                                                                       with an address for service in Luxembourg at the office of
                                                                       Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.