CELEX: C1995/159/10
Language: en
Date: 1995-06-24 00:00:00
Title: Action brought on 16 March 1995 by the Commission of the European Communities against the Kingdom of Spain (Case C-79/95)

24 . 6 . 95             EN                      Official Journal of the European Communities                                   No C 159/5
                  ORDER OF THE COURT                                        of the European Communities, represented by Blanca
                          of 7 April 1995                                   Rodriguez Galindo, of its Legal Service, acting as Agent,
                                                                            with an address for service in Luxembourg at the office of
in Case C- 1 6 7/94 ( reference for a preliminary ruling from               Georgios Kremlis, of the Legal Service, Wagner Centre,
the Juzgado de Instrucciôn de Sueca, Valencia ( Spain )):                   Kirchberg.
criminal proceedings against Juan Carlos Grau Gomis and
                               Others (*)
(Reference for a preliminaryruling — Lack ofjurisdiction —                  The applicant claims that the Court should :
                           Inadmissiblity)
                            ( 95/C 159/09 )
                                                                            1 . declare that, by failing to adopt the laws, regulations and
                                                                                administrative provisions needed to give effect to:
                (Language of the case: Spanisb)
                                                                                — Directive 89/391/EEC of 12 June 1989 on the
(Provisional translation; the definitive translation will be                        introduction        of   measures     to     encourage
          published in the European Court Reports)                                  improvements in the safety and health of workers at
                                                                                    work (*),
In Case C-167/94 : reference to the Court under Article 177
of the EEC Treaty from the Juzgado de Instrucciôn ( Local                       — Directive     89/654/EEC      of 30    November      1989
Criminal Court), Sueca, Valencia ( Spain ) for a preliminary                        concerning the minimum safety and health
ruling in the criminal proceedings pending before that court                        requirements for the workplace ( first individual
against Juan Carlos Grau Gomis and Others — on the                                  Directive within the meaning of Article 16 ( 1 ) of
interpretation of Articles 2, 3 ( a ), ( b ), ( f) and ( h ), 3a ( 1 ), 8b,         Directive 89/391 /EEC ) (2 ),
9 , 35 , 37 ( 1 ), 86 and 90 of the EC Treaty, on the
interpretation of Articles 2 , 9 , 35 and 51 of the Act
concerning the Conditions of Accession of the Kingdom of                        — Directive     89/655/EEC      of 30    November      1989
Spain and the Republic of Portugal and the Adjustments of                           concerning the minimum safety and health
the Treaties of 12 June 1985 ( 2 ) and on the interpretation of                     requirements for the use of work equipment by
Article B of the Treaty on European Union — the Court,                              workers at work ( second individual Directive within
composed of G. C. Rodriguez Iglesias, President, F. A.                              the meaning of Article 16 ( 1 ) of Directive
Schockweiler, P. J. G. Kapteyn, C. Gulmann and P. Jann                              89/391 /EEC ) ( 2 ),
( Presidents of Chambers ), G. F. Mancini, C. N. Kakouris,
J. C. Moitinho de Almeida, J. L. Murray, D. A. O. Edward,
J. -P. Puissochet ( Rapporteur ), G. Hirsch and H.                              — Directive 89/656/EEC of 30 November 1989 on the
Ragnemalm, Judges; G. Cosmas, Advocate-General; R.                                  minimum safety and health requirements for the use
Grass, Registrar, made an order on 7 April 1995 , the                               by workers of personal protective equipment at the
operative part of which is as follows :                                             workplace ( third individual Directive within the
                                                                                    meaning of Article 16 ( 1 ) of Directive
                                                                                    89/391 /EEC ) (2 ),
The Court has no jurisdiction to reply to a question on
Article B of the Treaty on European Union asked by the
Juzgado de Instrucciôn de Sueca, Valencia (Spain), in a                         — Directive 90/269/EEC of 29 May 1990 on the
request for a preliminary ruling made by order of 18 May                            minimum safety and health requirements for the
1 994. As to the remainder, the request from the Juzgado de                         manual handling of loads when there is a risk
Instrucciôn is inadmissible.                                                        particularly of back injury to workers ( fourth
                                                                                    individual Directive within the meaning of
                                                                                    Article 16 ( 1 ) of Directive 89/391 /EEC ) ( 3 ),
(') OJ No C 218 , 6 . 8 . 1994 .
( 2 ) OJ No L 302 , 15 . 11 . 1985 , p . 23 .
                                                                                — Directive 90/270/EEC of 29 May 1990 on the
                                                                                    minimum safety and health requirements for work
                                                                                    with display screen equipment ( fifth individual
                                                                                    Directive within the meaning of Article 16 ( 1 ) of
                                                                                    Directive 89/391 /EEC ) ( 3 ),
Action brought on 16 March 1995 by the Commission of
                                                                                — Directive 90/394/EEC of 28 June 1990 on the
the European Communities against the Kingdom of
                                                                                    protection of workers from the risks related to
                                 Spain
                                                                                    exposure to carcinogens at work ( sixth individual
                          ( Case C-79/95 )                                          Directive within the meaning of Article 16 ( 1 ) ' of
                            ( 95/C 159/10 )                                         Directive 89/391 /EEC ) (4 ),
An action against the Kingdom of Spain was brought before                       the Kingdom of Spain has failed to fulfil its obligations
the Court of Justice on 16 March 1 995 by the Commission                        under those Directives;
 ---pagebreak--- No C 159/6                EN                      Official Journal of the European Communities                                 24 . 6 . 95
2 , order the Kingdom of Spain to pay the costs .                                    health problems affecting intra-Community trade
                                                                                     in meat products and amending Directive
                                                                                     64/43 3/EEC (4), and
Pleas in law and main arguments adduced in support:
                                                                                 — Council Directive 92/40/EEC of 19 May 1992
In view of the binding nature of the third paragraph of                              introducing Community measures for the control of
Article 189 and the first paragraph of Article 5 of the EC                           avian influenza ( 5 ),
Treaty, the Member States are required to adopt the
measures necessary to give effect to the Directives addressed
to them before the end of the period appointed for that                          the Federal Republic of Germany has failed to fulfil its
purpose. That period ended on 31 December 1992 without                           obligations under the EC Treaty and under the above
the requisite provisions having been adopted by Spain.                           Directives ;
(0    OJ No  L 183 , 29 . 6 . 1989 , p . 1 .                                 2 , order the Federal Republic of Germany to pay the
                                                                                 costs .
(2 )  OJ No  L 393 , 30.   11 . 1989, pp . 1 , 13 , and 18 .
(-5 ) OJ No  L 156 , 21 . 6 . 1990 , pp . 9 and 14 .
(4 )  OJ No  L 196 , 26 . 7 . 1990 , p . 1 .
                                                                             Pleas in law and main arguments adduced in support:
                                                                             The pleas in law and main arguments are the same as in Case
                                                                             C-79/95 ; the time limit for implementation expired on
                                                                             1 January 1993 .
Action brought on 17 March 1995 by the Commission of                         f1) OJ No   L 46 , 19 . 2 . 1991 , p . 1 .
the European Communities against the Federal Republic of                     (2) OJ No   L 268 , 24 . 9 . 1991 , p . 41
                                 Germany                                     (3) OJ No   L 268 , 24 . 9 . 1991 , p . 69
                                                                             (4) OJ No   L 57, 2 . 3 . 1992 , p . 1 .
                            ( Case C-86/95 )
                                                                             (5) OJ No   L 167, 22 . 6 . 1992, p . 1 .
                              ( 95/C 159/11 )
An action against the Federal Republic of Germany was
brought before the Court of Justice of the European
Communities on 17 March 1995 by the Commission of the
European Communities, represented by Klaus-Dieter
Borchardt, a member of the Commission's Legal Service,
with an address for service in Luxembourg at the office of                   Action brought on 27 March 1995 by the Commission of
Georgios Kremlis, Wagner Centre, Kirchberg.                                  the European Communities against the Portuguese
                                                                                                              Republic
                                                                                                         ( Case C-93/95 )
The applicant claims that the Court should :
                                                                                                           ( 95/C 159/12 )
1 , declare that, by failing to adopt within the prescribed
      time limits the measures necessary to comply with:                     An action against the Portuguese Republic was brought
                                                                             before the Court of Justice on 27 March 1995 by the
      — Council Directive 91 /67/EEC of 28 January 1991                      Commission of the European Communities, represented by
         concerning the animal health conditions governing                   Antonio Caeiro, Legal Advisor, acting as Agent, with an
          the placing on the market of aquaculture animals                   address for service in Luxembourg at the office of Georgios
          and products ( ! ),                                                Kremlis , of its Legal Service, Wagner Centre, Kirchberg.
      — Council Directive 91 /495/EEC of 27 November
          1990 concerning public health and animal problems                  The applicant claims that the Court should :
          affecting the production and placing on the market
          of rabbit meat and farmed game meat (2 ),                          — declare that, by failing to adopt within the prescribed
                                                                                 period the measures necessary to implement in full
      — Council Directive 91 /497/EEC of 29 July 1991                            Council Directive 90/605/EEC of 8 November 1990
          amending and consolidating Directive 64/433/EEC                        amending Directive 78/660/EEC on annual accounts
          on health problems affecting intra-Community trade                     and Directive 83/349/EEC on consolidated accounts as
          in fresh meat to extend it to the production and                       regards the scope of those Directives, the Portuguese
          marketing of fresh meat ( 3 ),                                         Republic has failed to fulfil its obligations under the
                                                                                 Treaty,
      — Council Directive 92/5/EEC of 10 February 1992
          amending and updating Directive 77/99/EEC on                       — order the Portuguese Republic to pay the costs .