CELEX: C2002/084/79
Language: en
Date: 2002-04-06 00:00:00
Title: Case C-479/01: Action brought on 11 December 2001 by Commission of the European Communities against Kingdom of Belgium

C 84/46                EN                     Official Journal of the European Communities                                       6.4.2002
Action brought on 11 December 2001 by Commission of                      Action brought on 13 December 2001 by the Commission
 the European Communities against Kingdom of Belgium                     of the European Communities against the French Republic
                         (Case C-479/01)                                                          (Case C-483/01)
                                                                                                   (2002/C 84/80)
                          (2002/C 84/79)
                                                                         An action against the French Republic was brought before the
An action against the Kingdom of Belgium was brought                     Court of Justice of the European Communities on 13 December
before the Court of Justice of the European Communities on               2001 by the Commission of the European Communities,
11 December 2001 by the Commission of the European                       represented by R. Tricot, acting as Agent, with an address for
Communities, represented by M. Wolfcarius, acting as Agent,              service in Luxembourg.
with an address for service in Luxembourg.
                                                                         The Commission of the European Communities claims that
The applicant claims that the Court should:                              the Court should:
                                                                         —     declare that, by failing to adopt all the laws, regulations
1.    Declare that, by failing to adopt or by failing to communi-
                                                                               and administrative measures necessary in order to comply
      cate to the Commission the laws, regulations and adminis-
                                                                               with Council Directive 96/29/Euratom of 13 May 1996
      trative provisions necessary to comply with Commission
                                                                               laying down basic safety standards for the protection of
      Directive 1999/19/EC of 18 March 1999 amending
                                                                               the health of workers and the general public against the
      Council Directive 97/70/EC of 11 December 1997 (1), the
                                                                               dangers arising from ionizing radiation (1), or at any rate
      Kingdom of Belgium has failed to fulfil its obligations
                                                                               by failing to notify those measures to the Commission,
      under that directive and the EC Treaty;
                                                                               the French Republic has failed to fulfil its obligations
                                                                               under that directive;
2.    Order Belgium to pay the costs.
                                                                         —     order the French Republic to pay the costs.
Pleas in law and main arguments
                                                                         Pleas in law and main arguments
The pleas in law and main arguments are similar to those
                                                                         The pleas in law and main arguments are similar to those
advanced in Case C-466/01; the period prescribed by the                  advanced in Case C-389/01 (2); although the prescribed time-
directive expired on 31 May 2000.                                        limit (13 May 2000) has expired, France has not yet adopted
                                                                         the majority of the provisions necessary in order to transpose
                                                                         the directive into national law.
(1) Commission Directive 1999/19/EC of 18 March 1999 amending
    Council Directive 97/70/EC of 11 December 1997 setting up a
    harmonised safety regime for fishing vessels of 24 metres in         (1) OJ L 314 of 4.12.1996, p. 20.
    length and over OJ 1999 L 83, p. 48.                                 (2) OJ C 348 of 8.12.2001, p. 16.