CELEX: C2001/161/18
Language: en
Date: 2001-06-02 00:00:00
Title: Case C-134/01: Action brought on 22 March 2001 by the Commission of the European Communities against the Federal Republic of Germany

C 161/10                 EN                   Official Journal of the European Communities                                        2.6.2001
Action brought on 22 March 2001 by the Commission of                     Action brought on 22 March 2001 by the Commission of
the European Communities against the Federal Republic                    the European Communities against the Federal Republic
                              of Germany                                                              of Germany
                           (Case C-134/01)                                                          (Case C-135/01)
                           (2001/C 161/18)                                                          (2001/C 161/19)
An action against the Federal Republic of Germany was                    An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-             brought before the Court of Justice of the European Communi-
ties on 22 March 2001 by the Commission of the European                  ties on 22 March 2001 by the Commission of the European
Communities, represented by Gerald Braun, of its Legal Service,          Communities, represented by Gerald Braun, of its Legal Service,
with an address for service in Luxembourg at the office of               with an address for service in Luxembourg at the office of
Gérard Berscheid, Legal Adviser in the Legal Service of the              Gérard Berscheid, Legal Adviser in the Legal Service of the
European Commission, Wagner Centre C 254, Kirchberg.                     European Commission, Wagner Centre C 254, Kirchberg.
The applicant claims that the Court should:                              The applicant claims that the Court should:
(1) declare that, by failing within the prescribed time-limit to         (1) declare that, by failing within the prescribed time-limit to
      adopt all the laws, regulations and administrative                       adopt all the laws, regulations and administrative
      measures necessary in order to transpose into national                   measures necessary in order to transpose into national
      law the provisions of Council Directive 98/57/EC of                      law the provisions of Council Directive 98/56/EC of
      20 July 1998 (1) on the control of Ralstonia solanacearum                20 July 1998 (1) on the marketing of propagating material
      (Smith) Yabuuchi et al., the Federal Republic of Germany                 of ornamental plants, the Federal Republic of Germany
      has failed to fulfil its obligations under the EC Treaty and             has failed to fulfil its obligations under the EC Treaty and
      under the said directive;                                                under the said directive;
(2) order the defendant to pay the costs.                                (2) order the defendant to pay the costs.
Pleas in law and main arguments                                          Pleas in law and main arguments
The pleas in law and main arguments are analogous to those               The pleas in law and main arguments are analogous to those
in Case C-132/01 (2); the time-limit for transposition prescribed        in Case C-134/01 (2); the time-limit for transposition prescribed
by Article 12(1) of the directive expired on 21 August 1999.             by Article 19(1) of the directive expired on 1 July 1999.
(1) OJ L 235, 1998, p. 1.                                                (1) OJ L 226, 1998, p. 16.
(2) See p. 9 of the Official Journal.                                    (2) See p. 10 of this Official Journal.