CELEX: C1999/086/29
Language: en
Date: 1999-03-27 00:00:00
Title: Removal from the register of Case C-4/98

C 86/14                EN                 Official Journal of the European Communities                                27.3.1999
Pleas in law and main arguments adduced in support:                       United Kingdom has failed to fulfil its obligations
                                                                          under these Directives, and
The pleas in law and main arguments are analogous to
those put forward in Case C-26/99 (2); the period laid
down in the directive expired on 31 May 1997.                        Ð order the United Kingdom to pay the costs.
(1) OJ L 140, 13.6.1996, p. 30.
(2) See page 11 of this Official Journal.                            Pleas in law and main arguments adduced in support:
                                                                     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
                                                                     Member States to observe the period for compliance laid
                                                                     down in the directive. That period expired on 1 July 1992
Action brought on 10 February 1999 by the Commission                 at the latest without the United Kingdom having enacted
of the European Communities against the United                       the provisions necessary to comply with the directive
                             Kingdom                                 referred to in the conclusions of the Commission.
                         (Case C-39/99)
                         (1999/C 86/27)                              (1 ) OJ L 18, 24.1.1980, p. 26.
                                                                     (2 ) OJ L 117, 4.5.1983, p. 15.
                                                                     (3 ) OJ L 363, 13.12.1989, p. 27.
                                                                     (4 ) OJ L 76, 23.3.1992, p. 21.
An action against the United Kingdom was brought before
the Court of Justice of the European Communities on
10 February 1999 by the Commission of the European
Communities, represented by Mr Richard Wainwright,
Principal Legal Adviser, acting as agent, with an address
for service in Luxembourg at the Office of Carlos Gómez
de la Cruz, member of the Legal Service of the                               Removal from the register of Case C-321/98 (1)
Commission, Centre Wagner, Kirchberg.
                                                                                              (1999/C 86/28)
The applicant claims that the Court should:
                                                                     By order of 12 January 1999 the President of the Court of
Ð declare that by failing to adopt the laws, regulations             Justice of the European Communities has ordered the
     or administrative provisions necessary to comply with:          removal from the register of Case C-321/98: Commission
                                                                     of the European Communities v. French Republic.
     Ð Council Directive 80/51/EEC (1) of 20 December
         1979 on the limitation of noise emissions from              (1) OJ C 299, 26.9.1998.
         subsonic aircraft;
     Ð Council Directive 83/206/EEC (2) of 21 April 1983
         amending Directive 80/51/EEC on the limitation of
         noise emissions from subsonic aircraft;
     Ð Council Directive 89/629/EEC (3) of 4 December                         Removal from the register of Case C-4/98 (1)
         1989 on the limitation of noise emissions from                                       (1999/C 86/29)
         civil subsonic jet aeroplanes;
     Ð Council Directive 92/14/EEC (4) of 2 March 1992               By order of 14 January 1999 the President of the Court of
         on the limitation of the operation of aeroplanes            Justice of the European Communities has ordered the
         covered by Part II, Chapter 2, Volume 1 of                  removal from the register of Case C-4/98 (reference for a
         Annex 16 to the Convention on International Civil           preliminary ruling from Sù- og Handelsretten): Calvin
         Aviation, second edition (1988)                             Klein Trademark Trust v. Cowboyland Aalborg A/S and
                                                                     Others.
     with respect to the territory of Gibraltar, or in any
     event by failing to inform the Commission thereof, the          (1) OJ C 72, 7.3.1998.