CELEX: C1995/333/11
Language: en
Date: 1995-12-09 00:00:00
Title: Action brought on 10 October 1995 by the Commission of the European Communities against Ireland (Case C-318/95)

9 . 12 . 95              EN                    Official Journal of the European Communities                                          No C 333/7
      contested decision was adopted, reserving the use of the            by the Commission of the European Communities,
      name feta solely to cheese produced from sheep and/or               represented by James Macdonald Flett, member of the Legal
      goat's milk by the natural straining method compatible,             Service, acting as agent, with an address for service in
      for the purposes of the case under review, with                     Luxembourg at the office of Carlos Gomez de la Cruz,
      Articles 30 and 36 of the EEC Treaty ?                              Centre Wagner.
                                                                          The Applicant claims that the Court should:
                                                                          1 . declare that by failing to adopt the laws, regulations or
Action brought on 10 October 1995 by the Commission of                           administrative provisions necessary to comply with
          the European Communities against Ireland                               Council Directives 92/45/EEC ('), 92/46/EEC ( 2 ),
                           ( Case C-3 18/95 )                                    92/65/EEC ( 3 ), 92/ 116/EEC (4 ), 92/117/EEC ( 5 ) and
                             ( 95/C 333/ 11 )                                    92/118/EEC ( 6 ) Ireland has failed to fulfil its obligations
                                                                                 under the Directives and under the Treaty; and
An action against Ireland was brought before the Court of
Justice of the European Communities on 10 October 1995                    2 . order Ireland to pay the costs.
by the Commission of the European Communities,
represented by James Macdonald Flett, member of the Legal
Service, acting as agent, with an address for service in                  Pleas in law and main arguments:
Luxembourg at the office of Carlos Gomez de la Cruz,
Centre Wagner.
                                                                          Article 189 of the EC Treaty, under which a directive shall
The Applicant claims that the Court should :                              be binding, as to the result to be achieved, upon each
                                                                          Member State, carries by implication an obligation on the
1 . declare that by failing to adopt the laws, regulations or             Member States to observe the period for compliance laid
      administrative provisions necessary to comply with                  down in the directive . That period expired on 1 January
      Council Directive 92/ 119/EEC of 17 December 1992                   1994 without Ireland having enacted the provisions
      introducing general Community measures for the                      necessary to comply with the Directives referred to in the
                                                                          conclusions of the Commission .
      control of certain animal diseases and specific measures
      relating to swine vesicular disease ( ! ) Ireland has failed
      to fulfil its obligations under the Directive and under the
                                                                          (') Council Directive 92/45/EEC of 16 June 1992 on public health
      Treaty; and                                                               and animal health problems relating to the killing of wild game
                                                                                and the placing on the market of wild-game meat ( OJ No L 268 ,
2 . order Ireland to pay the costs .                                            14 . 9 . 1992 , p. 35 ).
                                                                          (2 ) Council Directive 92/46/EEC of 16 June 1992 laying down the
                                                                                health rules for the production and placing on the market of raw
Pleas in law and main arguments                                                 milk, heat-treated milk and milk-based products ( OJ No L 268 ,
                                                                                14 . 9 . 1992 , p. 1 ).
Article 189 of the EC Treaty, under which a directive shall               ( 3 ) Council Directive 92/65/EEC of 13 July 1992 laying down
be binding, as to the result to be achieved, upon each                          animal health requirements governing trade in and imports into
Member State, carries by implication an obligation on the                       the Community of animals, semen, ova and embryos not subject
Member States to observe the period for compliance laid                         to animal health requirements laid down in specific Community
down in the directive. That period expired on 1 October                         rules referred to in Annex A ( I ) to Directive 90/425/EEC ( OJ No
1993 without Ireland having enacted the provisions                              L 268 , 14 . 9 . 1992 , p. 54 ).
                                                                          (4 ) Council Directive 92/1 1 6/EEC of 1 7 December 1 992 amending
necessary to comply with the Directive referred to in the                       and updating Directive 71 / 118/EEC on health problems
conclusions of the Commission .
                                                                                affecting trade in fresh poultrymeat ( OJ No L 62 , 15 . 3 . 1993 ,
                                                                                p. 1 ).
( ] ) OJ No L 62 , 15 . 3 . 1993 , p. 69 .                                ( 5 ) Council Directive        92/ 117/EEC     of   17 December     1992
                                                                                concerning measures for protection against specified zoonoses
                                                                                and specified zoonotic agents in animals and products of animal
                                                                                origin in order to prevent outbreaks to food-borne infections
                                                                                and intoxications ( OJ No L 62 , 15 . 3 . 1993 , p. 38 ).
                                                                          ( 6 ) Council Directive 92/118/EEC of 17 December 1992 laying
                                                                                down animal health and public health requirements governing
                                                                                trade in and imports into the Community of products not
Action brought on 10 October 1995 by the Commission of                          subject to the said requirements laid down in specific
           the European Communities against Ireland                             Community rules referred to in Annex A ( I ) to Directive
                           ( Case C-3 19/95                                     89/662/EEC and , as regards pathogens, to Directive
                                                                                90/425/EEC ( OJ No L 62 , 15 . 3 . 1993 , p. 49 ).
                              ( 95/C 333/ 12 )
An action against Ireland was brought before the Court of
Justice of the European Communities on 10 October 1995