CELEX: C1998/378/06
Language: en
Date: 1998-12-05 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 15 October 1998 in Case C-284/97: Commission of the European Communities v. French Republic (Failure of a Member State to fulfil its obligations - Directive 93/40/EEC - Failure to transpose within the prescribed period)

5.12.98                EN                 Official Journal of the European Communities                                      C 378/3
experimental and other scientific purposes (OJ L 358,                Chamber, G. Hirsch, G. F. Mancini, H. Ragnemalm and
18.12.1986, p. 1), the Kingdom of Belgium has failed to              R. Schintgen (Rapporteur), Judges; A. Saggio, Advocate-
fulfil its obligations under that directive and the EC Treaty        General; R. Grass, Registrar, has given a judgment on
Ð the Court (Fifth Chamber), composed of: J.-P.                      15 October 1998, in which it:
Puissochet, President of the Chamber, P. Jann, C.
Gulmann, D. A. O. Edward and L. Sevón (Rapporteur),
Judges, F. G. Jacobs, Advocate-General; R. Grass,                    1. Declares that by not adopting within the prescribed
Registrar, has given a judgment on 15 October 1998, in                    period all the measures necessary to comply with
which it:                                                                 Articles 14 and 22 of Council Directive 86/609/EEC
                                                                          of 24 November 1986 on the approximation of laws,
                                                                          regulations and administrative provisions of the
1. Declares that by not adopting within the prescribed                    Member States relating to the protection of animals
     period all the measures necessary to comply with                     used for experimental and other scientific purposes,
     Articles 14 and 22 of Council Directive 86/609/EEC                   the Kingdom of Belgium has failed to fulfil its
     of 24 November 1986 on the approximation of laws,                    obligations under that directive.
     regulations and administrative provisions of the
     Member States relating to the protection of animals
     used for experimental and other scientific purposes,
                                                                     2. Orders the Kingdom of Belgium to pay the costs.
     the Kingdom of Belgium has failed to fulfil its
     obligations under that directive.
                                                                     (1) OJ C 295, 27.9.1997.
2. Orders the Kingdom of Belgium to pay the costs.
(1) OJ C 295, 27.9.1997.
                                                                                    JUDGMENT OF THE COURT
                                                                                            (Sixth Chamber)
                                                                                          of 15 October 1998
                JUDGMENT OF THE COURT
                        (Sixth Chamber)                                     in Case C-284/97: Commission of the European
                                                                                  Communities v. French Republic (1)
                      of 15 October 1998
                                                                     (Failure of a Member State to fulfil its obligations Ð
       in Case C-283/97: Commission of the European                  Directive 93/40/EEC Ð Failure to transpose within the
            Communities v. Kingdom of Belgium (1)                                          prescribed period)
(Failure of a Member State to fulfil its obligations Ð                                       (98/C 378/06)
Directive 92/73/EEC Ð Failure to transpose within the
                       prescribed period)
                         (98/C 378/05)                                               (Language of the case: French)
                 (Language of the case: French)
                                                                       (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
  (Provisional translation; the definitive translation will be
           published in the European Court Reports)
                                                                     In Case C-284/97: Commission of the European
                                                                     Communities (Agents: Fernando Castillo de la Torre
In Case C-283/97: Commission of the European                         and Olivier Couvert-CasteÂra) v. French Republic
Communities (Agents: Fernando Castillo de la Torre and               (Agent: Kareen Rispal-Bellinger and FreÂdeÂric Pascal) Ð
Olivier Couvert-CasteÂra) v. Kingdom of Belgium (Agent:              Application for a declaration that, by failing to adopt the
Jan Devadder) Ð Application for a declaration that, by               laws, regulations and administrative provisions necessary
failing to adopt the laws, regulations and administrative            to comply with Council Directive 93/40/EEC of 14 June
provisions necessary to comply with Council Directive                1993 amending Directives 81/851/EEC and 81/852/EEC
92/73/EEC of 22 September 1992 widening the scope                    on the approximation of the laws of the Member States
of Directives 65/65/EEC and 75/319/EEC on the                        relating to veterinary medicinal products (OJ L 214,
approximation of provisions laid down by law, regulation             24.8.1993, p. 31), the French Republic has failed to fulfil
or administrative action relating to medicinal products              its obligations under the EC Treaty and that directive, Ð
and laying down additional provisions on homeopathic                 the Court (Sixth Chamber), composed of: P. J. G.
medicinal products (OJ L 297, 13.10.1992, p. 8), the                 Kapteyn, President of the Chamber, G. Hirsch, G. F.
Kingdom of Belgium has failed to fulfil its obligations              Mancini, H. Ragnemalm and R. Schintgen (Rapporteur),
under the EC Treaty and that directive Ð the Court (Sixth            Judges; A. Saggio, Advocate-General; R. Grass, Registrar,
Chamber), composed of: P. J. G. Kapteyn, President of the            has given a judgment on 15 October 1998, in which it:
 ---pagebreak--- C 378/4                 EN                 Official Journal of the European Communities                                      5.12.98
1. Declares that, by failing to adopt within the prescribed                excavator-loaders, the Italian Republic has failed to
     period the laws, regulations and administrative                       fulfil its obligations under that directive;
     provisions necessary to comply with Council Directive
     93/40/EEC of 14 June 1993 amending Directives 81/                2. Orders the Italian Republic to pay the costs.
     851/EEC and 81/852/EEC on the approximation of
     the laws of the Member States relating to veterinary
                                                                      (1) OJ C 331, 1.11.1997.
     medicinal products, the French Republic has failed to
     fulfil its obligations under that directive;
2. Orders the French Republic to pay the costs.
(1) OJ C 318, 18.10.1997.                                                              JUDGMENT OF THE COURT
                                                                                               (Sixth Chamber)
                                                                                             of 15 October 1998
                                                                             in Case C-326/97: Commission of the European
                                                                                  Communities v. Kingdom of Belgium (1)
                 JUDGMENT OF THE COURT                                (Failure of a Member State to fulfil its obligations Ð
                         (Sixth Chamber)
                                                                      Directive 95/27/EC Ð Failure to transpose within the
                                                                                              prescribed period)
                       of 15 October 1998
                                                                                                 (98/C 378/08)
       in Case C-324/97: Commission of the European
                Communities v. Italian Republic (1)                                     (Language of the case: French)
(Failure of a Member State to fulfil its obligations Ð
Directive 95/27/EC Ð Failure to transpose within the                    (Provisional translation; the definitive translation will be
                        prescribed period)                                       published in the European Court Reports)
                          (98/C 378/07)
                                                                      In Case C-326/97: Commission of the European
                                                                      Communities (Agent: Paolo Stancanelli) v. Kingdom of
                  (Language of the case: Italian)
                                                                      Belgium (Agent: Anni Snoecx) Ð Application for a
                                                                      declaration that, by failing to adopt the laws, regulations
                                                                      and administrative provisions necessary to comply with
  (Provisional translation; the definitive translation will be        European Parliament and Council Directive 95/27/EC of
           published in the European Court Reports)                   29 June 1995 amending Council Directive 86/662/EEC on
                                                                      the limitation of noise emitted by hydraulic excavators,
In Case C-324/97: Commission of the European                          rope-operated excavators, dozers, loaders and excavator-
Communities (Agent: Paolo Stancanelli) v. Italian Republic            loaders (OJ L 168, 18.7.1995, p. 14), or, in any event, by
(Agent: Umberto Leanza, assisted by Pier Giorgio Ferri) Ð             not communicating them to the Commission, the
Application for a declaration that, by failing to adopt the           Kingdom of Belgium has failed to fulfil its obligations
laws, regulations and administrative provisions necessary             under that directive, Ð the Court (Sixth Chamber),
to comply with European Parliament and Council                        composed of: P. J. G. Kapteyn, President of the Chamber,
Directive 95/27/EC of 29 June 1995 amending Council                   G. Hirsch, G. F. Mancini, H. Ragnemalm and R.
Directive 86/662/EEC on the limitation of noise emitted               Schintgen (Rapporteur), Judges; N. Fennelly, Advocate-
by hydraulic excavators, rope-operated excavators, dozers,            General; R. Grass, Registrar, has given a judgment on
loaders and excavator-loaders (OJ L 168, 18.7.1995,                   15 October 1998, in which it:
p. 14), or, in any event, by not communicating them to the
Commission, the Italian Republic has failed to fulfil its             1. Declares that, by failing to adopt within the prescribed
obligations under that directive, Ð the Court (Sixth                       period the laws, regulations and administrative
Chamber), composed of: P. J. G. Kapteyn, President of the                  provisions necessary to comply with European
Chamber, G. Hirsch, G. F. Mancini, H. Ragnemalm and                        Parliament and Council Directive 95/27/EC of 29 June
R. Schintgen (Rapporteur), Judges; N. Fennelly, Advocate-                  1995 amending Council Directive 86/662/EEC on the
General; R. Grass, Registrar, has given a judgment on                      limitation of noise emitted by hydraulic excavators,
15 October 1998, in which it:                                              rope-operated excavators, dozers, loaders and
                                                                           excavator-loaders, the Kingdom of Belgium has failed
                                                                           to fulfil its obligations under that directive;
1. Declares that, by failing to adopt within the prescribed
     period the laws, regulations and administrative
     provisions necessary to comply with European                     2. Orders the Kingdom of Belgium to pay the costs.
     Parliament and Council Directive 95/27/EC of 29 June
     1995 amending Council Directive 86/662/EEC on the                (1) OJ C 331, 1.11.1997.
     limitation of noise emitted by hydraulic excavators,
     rope-operated excavators, dozers, loaders and