CELEX: C2002/180/29
Language: en
Date: 2002-07-27 00:00:00
Title: Case C-221/02: Action brought on 14 June 2002 by the Commission of the European Communities against the French Republic

27.7.2002                 EN                   Official Journal of the European Communities                                        C 180/17
2.    Do Directive 79/112/EEC or Articles 28 and 30 EC                    The obligation on the part of the United Kingdom to take
      preclude a national provision which, on the placing into            measures in order to comply with the directive for the entirety
      circulation of foodstuffs, permits health-related infor-            of its territory is not disputed.
      mation such as that described in Question (1) to be
      affixed thereto only after prior authorisation by the
      competent federal minister, whereby a condition of
      authorisation is that the health-related information is             Since the United Kingdom has not informed the Commission
      consistent with protecting the consumer from being                  of the provisions adopted to comply with the directive with
      misled?                                                             regard to Gibraltar, and since the Commission is in possession
                                                                          of no other information enabling it to conclude that the United
                                                                          Kingdom has adopted the necessary provisions, it is compelled
(1) OJ L 33, p. 1.                                                        to assume that the United Kingdom has not yet adopted such
                                                                          provisions and has thus failed to fulfil its obligations under the
                                                                          directive.
                                                                          (1) OJ L 159 of 29.6.1996, p. 1.
Action brought on 12 June 2002 by the Commission of
the European Communities against the United Kingdom
             of Great Britain and Northern Ireland
                           (Case C-218/02)
                           (2002/C 180/28)
                                                                          Action brought on 14 June 2002 by the Commission of
                                                                           the European Communities against the French Republic
An action against the United Kingdom of Great Britain and
Northern Ireland was brought before the Court of Justice of
the European Communities on 12 June 2002 by the Com-                                                (Case C-221/02)
mission of the European Communities, represented by Thomas
Cusack, acting as agent, with an address for service in
Luxembourg.                                                                                         (2002/C 180/29)
The Applicant claims that the Court should:
(1) declare that by failing to adopt for Gibraltar all the laws,
      regulations or administrative provisions necessary to               An action against the French Republic was brought before the
      comply with Council Directive 96/29/Euratom (1) of                  Court of Justice of the European Communities on 14 June
      13 May 1996 laying down basic safety standards for the              2002 by the Commission of the European Communities,
      protection of the health of workers and the general public          represented by D. Martin and M. França, acting as Agent, with
      against the dangers arising from ionizing radiation in its          an address for service in Luxembourg.
      whole territory, or in any event by failing to communicate
      them to the Commission, the United Kingdom has failed
      fully to fulfil its obligations under that Directive.
                                                                          The applicant claims that the Court should:
(2) order the United Kingdom to pay the costs.
                                                                          —     Declare that, by failing to adopt and bring into force
                                                                                within the prescribed period the laws, regulations and
                                                                                administrative provisions necessary to comply with
Pleas in law and main arguments                                                 Directive 98/7/EC of the European Parliament and of the
                                                                                Council of 16 February 1998 amending Directive 87/
                                                                                102/EEC for the approximation of the laws, regulations
According to Article 192(1) of the Treaty, Member States shall                  and administrative provisions of the Member States
take all appropriate measures, whether general or particular,                   concerning consumer credit (1), or, in any event, by failing
to ensure fulfilment of the obligations arising out of the Treaty               to communicate such provisions to the Commission, the
or resulting from action taken by the institutions of the                       French Republic has failed to fulfil its obligations under
Community.                                                                      that directive;
 ---pagebreak--- C 180/18                 EN                    Official Journal of the European Communities                                      27.7.2002
—     Order the French Republic to pay the costs.                         Action brought on 18 June 2002 by the Commission of
                                                                          the European Communities against the Grand Duchy of
                                                                                                      Luxembourg
Pleas in law and main arguments
                                                                                                    (Case C-228/02)
The period prescribed for transposition expired on 21 August                                        (2002/C 180/31)
2001.
(1) OJ L 101, 1.4.1998, p. 17.
                                                                          An action against The Grand Duchy of Luxembourg was
                                                                          brought before the Court of Justice of the European Communi-
                                                                          ties on 18 June 2002 by the Commission of the European
                                                                          Communities, represented by Denis Martin and Miguel França,
                                                                          acting as Agent, with an address for service in Luxembourg.
Action brought on 18 June 2002 by the Commission of                       The applicant claims that the Court should:
the European Communities against the Grand Duchy of
                             Luxembourg                                   —     Declare that, by failing to adopt and bring into force the
                                                                                laws, regulations and administrative provisions necessary
                           (Case C-227/02)                                      to comply with Directive 97/7/EC of the European
                                                                                Parliament and of the Council of 20 May 1997 on
                                                                                the protection of consumers in respect of distance
                           (2002/C 180/30)                                      contracts (1), or, in any event, by failing to communicate
                                                                                to the Commission the adoption of such provisions, the
                                                                                Grand Duchy of Luxembourg has failed to fulfil its
                                                                                obligations under that directive;
An action against the Grand Duchy of Luxembourg was
brought before the Court of Justice of the European Communi-              —     Order the Grand Duchy of Luxembourg to pay the costs.
ties on 18 June 2002 by the Commission of the European
Communities, represented by Denis Martin and Miguel França,
of its Legal Service, acting as Agent, with an address for service
in Luxembourg.
                                                                          Pleas in law and main arguments
The applicant claims that the Court should:
                                                                          The period prescribed for transposition expired on 4 June
1.    Declare that, by failing to bring into force the laws,              2000.
      regulations and administrative provisions needed in order
      to comply with Directive 97/55/EC (1) of the European
                                                                          (1) OJ 1997 L 144, p. 19.
      Parliament and of the Council of 6 October 1997
      amending Directive 84/450/EEC (2) concerning mislead-
      ing advertising so as to include comparative advertising,
      or, in any event, by failing to have informed the
      Commission of any such laws, regulations or administrat-
      ive provisions, the Grand Duchy of Luxembourg has
      failed to fulfil its obligations under that directive.
                                                                          Action brought on 21 June 2002 by French Republic
2.    Order the Grand Duchy of Luxembourg to pay the costs.
                                                                              against Commission of the European Communities
                                                                                                    (Case C-233/02)
Pleas in law and main arguments
                                                                                                    (2002/C 180/32)
The period prescribed for transposition expired on 23 April
2000.
                                                                          An action against the Commission of the European Communi-
(1) OJ L 290, 23.10.1997, p. 18.                                          ties was brought before the Court of Justice of the European
(2) OJ L 250, 19.9.1984, p. 17.                                           Communities on 21 June 2002 by the French Republic,
                                                                          represented by R. Abraham, G. de Bergues and P. Boussaroque,
                                                                          acting as Agents, with an address for service in Luxembourg.