CELEX: C2001/045/32
Language: en
Date: 2001-02-10 00:00:00
Title: Removal from the register of Case C-502/99

C 45/16                  EN                    Official Journal of the European Communities                                     10.2.2001
Action brought on 22 December 2000 by the Commission                      Reference for a preliminary ruling by the Cour de
of the European Communities against the French Republic                   Cassation Française, Chambre Commerciale, Financière et
                                                                          Économique, by judgment of that court of 19 December
                                                                          2000 in the case of Ravil S.à r.l. against Bellon Import
                                                                                              S.à r.l. and Biraghi S.p.A.
                          (Case C-468/00)
                                                                                                   (Case C-469/00)
                                                                                                    (2001/C 45/31)
                           (2001/C 45/30)
                                                                          Reference has been made to the Court of Justice of the
                                                                          European Communities by judgment of the Cour de Cassation
An action against the French Republic was brought before the              Française, Chambre Commerciale, Financière et Économique,
Court of Justice of the European Communities on 22 December               of 19 December 2000, received at the Court Registry on
2000 by the Commission of the European Communities,                       27 December 2000, for a preliminary ruling in the case of
represented by Bernard Mongin, Legal Adviser, acting as Agent,            Ravil S.à r.l. v Bellon Import Sà r.l. and Biraghi S.p.A. on the
with an address for service in Luxembourg at the office of                following question:
Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.
                                                                          ‘Must Article 29 (ex Article 34) of the EC Treaty be interpreted
                                                                          as precluding national legislation reserving the “grana padano”
                                                                          designation of origin for cheese grated in the region of
The Commission claims that the Court should:                              production in so far as such an obligation is not indispensable
                                                                          for preserving specific characteristics which the product has
                                                                          acquired?’
1.    declare that, by not adopting the laws, regulations
      and administrative provisions necessary to comply with
      Council Directive 96/50/EC of 23 July 1996 on the
      harmonisation of the conditions for obtaining national
      boatmasters’ certificates for the carriage of goods and
      passengers by inland waterway in the Community (1), or,
      in any event, by failing to communicate those provisions
                                                                                 Removal from the register of Case C-502/99 (1)
      to the Commission, the French Republic has failed to
      fulfil its obligations under that directive;
                                                                                                    (2001/C 45/32)
2.    order the French Republic to pay the costs.                         By order of 6 September 2000 the President of the Court of
                                                                          Justice of the European Communities has ordered the removal
                                                                          from the register of Case C-502/99: Commission of the
                                                                          European Communities v French Republic.
Pleas in law and main arguments                                           (1) OJ C 234 of 25.7.1998.
Article 249 EC (ex Article 189), whereby a directive is binding
upon any Member State to which it is addressed as to the
result to be achieved, implies an obligation on Member States
to comply with the time-limits for transposition laid down in
directives. That time-limit expired on 7 April 1998 without                      Removal from the register of Case C-318/99 (1)
the French Republic implementing the necessary provisions to
comply with Directive 96/50/EC.                                                                     (2001/C 45/33)
                                                                          By order of 19 September 2000 the President of the Court of
                                                                          Justice of the European Communities has ordered the removal
(1) OJ 1996 L 235, p. 31.                                                 from the register of Case C-318/99: Italian Republic v Com-
                                                                          mission of the European Communities.
                                                                          (1) OJ C 314 of 30.10.1999.