CELEX: C2001/317/39
Language: en
Date: 2001-11-10 00:00:00
Title: Case C-372/01: Action brought on 26 September 2001 by the Commission of the European Communities against the Grand Duchy of Luxembourg

10.11.2001               EN                    Official Journal of the European Communities                                      C 317/21
Action brought on 24 September 2001 by the Com-                           The Commission of the European Communities claims that
   mission of the European Communities against Ireland                    the Court should:
                           (Case C-365/01)                                —     Declare that, by failing to adopt the laws, regulations
                                                                                and administrative provisions necessary to comply with
                                                                                Council Directive 98/8/EC (1) of the European Parliament
                           (2001/C 317/38)                                      and of the Council of 16 February 1998 concerning the
                                                                                placing of biocidal products on the market, or at least by
An action against Ireland was brought before the Court of                       failing to communicate them to the Commission, the
Justice of the European Communities on 24 September 2001                        Grand Duchy of Luxembourg has failed to fulfil its
by the Commission of the European Communities, represented                      obligations under that directive.
by Marie Wolfcarius, acting as agent, with an address for
service in Luxembourg.                                                    —     Order the Grand Duchy of Luxembourg to pay the costs.
The Applicant claims that the Court should:
                                                                          Pleas in law and main arguments
—     declare that by failing to notify the laws, regulations
      or administrative provisions necessary to comply with
      Commission Directive 1999/47/EC(1) of 21 May 1999                   The mandatory nature of the third paragraph of Article 249
      adapting for the second time to technical progress                  EC and the first paragraph of Article 10 EC requires that the
      Council Directive 94/55/EC on the approximation of the              Member States adopt the measures necessary to implement
      laws of the Member States with regard to the transport of           directives addressed to them by the deadline allowed them for
      dangerous goods by road, or in any event by failing to              that purpose. The deadline in question expired on 14 May
      inform the Commission of those measures, Ireland has                1998 without the Grand Duchy of Luxembourg having
      failed to fulfil its obligations under this Directive               adopted the necessary measures.
—     order Ireland to pay the costs.
                                                                          (1) OJ L 123 of 24.4.1998, p. 1.
Pleas in law and main arguments
Article 249 EC, 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             Action brought on 27 September 2001 by the Com-
period for compliance laid down in the directive. That period             mission of the European Communities against the United
expired on 1 July 1999 without Ireland having enacted the                                             Kingdom
provisions necessary to comply with the directive referred to
in the conclusions of the Commission.
                                                                                                  (Case C-374/01)
(1) OJ L 169, 5.7.1999, p. 1.                                                                     (2001/C 317/40)
                                                                          An action against the United Kingdom was brought before the
                                                                          Court of Justice of the European Communities on 27 Septem-
                                                                          ber 2001 by the Commission of the European Communities,
                                                                          represented by Richard Wainwright, acting as agent, with an
                                                                          address for service in Luxembourg.
Action brought on 26 September 2001 by the Com-
mission of the European Communities against the Grand
                       Duchy of Luxembourg                                The Applicant requests that the Court should:
                           (Case C-372/01)                                —     declare that by failing to adopt the laws, regulations or
                                                                                administrative provisions necessary before 14 May 2000
                                                                                to comply with European Parliament and Council Direc-
                           (2001/C 317/39)                                      tive 98/8/EC of 16 February 1998 concerning the placing
                                                                                of biocidal products on the market (1), or in any event by
An action against the Grand Duchy of Luxembourg was                             failing to communicate them to the Commission, the
brought before the Court of Justice of the European Communi-                    United Kingdom has failed to fulfil its obligations under
ties on 26 September 2001 by the Commission of the                              that Directive;
European Communities represented by M. Nolin, acting as
Agent, with an address for service in Luxembourg.                         —     order the United Kingdom to pay the costs.