CELEX: C1996/269/26
Language: en
Date: 1996-09-14 00:00:00
Title: Reference for a preliminary ruling from the Cour d'Appel, Mons, by judgment of that court of 28 June 1996 in the case of Ministre des Finances du Royaume de Belgique v. E. Amelynck and Others (Case C-237/96)

No C 269/ 12             EN                    Official Journal of the European Communities                                      14 . 9 . 96
Communities on 9 July 1996 by the Commission of the                       competent authorities of a Member State are to have the
European Communities, represented by Gotz zur Hausen ,                    same force in other Member States as findings of the
Legal Adviser to the Commission of the European                           competent authorities of each of those Member States ?
Communities, with an address for service in Luxembourg at
the office of Carlos Gomez de la Cruz, of the Legal Service of            (>) OJ No L 38 , 9 . 2 . 1977 , p . 1 .
the Commission, Wagner Centre C 254 , Kirchberg .                         ( 2 ) OJ No L 38 , 9 . 2 . 1977 , p . 20 .
The applicant claims that the Court should :
— declare that, by failing within the prescribed period to
       adopt the measures necessary in order to comply with
       Council Directive 91 / 157/EEC of 18 March 1991 on
       batteries and accumulators containing certain                      Action brought on 10 July 1996 by Ireland against the
       dangerous substances (') and Commission Directive                             Commission of the European Communities
       93/86/EEC ( 2 ) of 4 October 1993 adapting the                                                 Case C-238/96 )
       aforementioned Council Directive to technical progress,                                         96/C 269/27 )
       the Federal Republic of Germany has failed to fulfil its
       obligations under the EC Treaty,
                                                                          An action against the Commission of the European
— order the Federal Republic of Germany to pay the                        Communities was brought before the Court of Justice of the
       costs .                                                            European Communities on 10 July 1996 by Ireland,
                                                                          represented by Michael A. Buckley, Chief State Solicitor, of
Pleas in law and main arguments adduced in support:                       Dublin Castle, Dublin 2 , acting as Agent of Ireland, assisted
                                                                          by Mary Finlay, Senior Counsel and David Barniville,
                                                                          Barrister-at-Law, with an address for service of documents
The mandatory nature of the provisions of the third
paragraph of Article 189 and the first paragraph of Article 5             in Luxembourg at the Embassy of Ireland , 28 route d'Arlon,
of the EC Treaty is such as to oblige Member States to whom               Luxembourg.
directives are addressed to adopt the measures necessary for
the implementation of such directives within the time limits              The applicant claims that the Court should :
prescribed therein . The time limits in question expired on
 18 September 1992 and 31 December 1993 respectively but                  — declare, pursuant to Article 173 of the Treaty
the Federal Republic of Germany has not to date adopted                         establishing the European Community, that
the necessary transposition measures .                                          Commission Decision 96/31 1 /EC of 10 April 1996 on
                                                                                the clearance of accounts presented by Member States in
(') OJ No L 78 , 26 . 3 . 1991 , p . 38 .                                       respect of expenditure for 1 992 of the Guarantee Section
 ( 2 ) OJ No L 264 , 23 . 10 . 1993 , p . 51 .                                  of the European Agricultural Guidance and Guarantee
                                                                                Fund and in respect of certain expenditure for 1 993 ( 1 ) is
                                                                                void in so far as it purports to disallow a sum of £ Irl
                                                                                26 222 656,62 ( being 10 % of the expenditure declared
                                                                                by Ireland for public storage of beef for 1990 ) from the
                                                                                expenditure declared by Ireland for public storage of
Reference for a preliminary ruling from the Cour d'Appel,                       beef for 1992,
Mons, by judgment of that court of 28 June 1 996 in the case
 of Ministre des Finances du Royaume de Belgique v.                        — declare, pursuant to Article 173 of the Treaty
                      E. Amelynck and Others                                    establishing the European Community, that
                           ( Case C-237/96 )                                     Commission Decision 96/31 1 /EC of 10 April 1996 on
                                                                                the clearance of accounts presented by Member States in
                             ( 96/C 269/26 )
                                                                                 respect of expenditure for 1992 of the Guarantee Section
                                                                                 of the European Agricultural Guidance and Guarantee
 Reference has been made to the Court of Justice of the                          Fund and in respect of certain expenditure for 1993 is
 European Communities by a judgment of the Cour d'Appel                         void in so far as it purports to disallow a sum of £ Irl
  ( Court of Appeal ), Mons, of 28 June 1996 , which was                         24 020 455,64 ( being 5 % of the expenditure declared
  received at the Court Registry on 9 July 1996 , for a                          by Ireland for public storage of beef for 1991 ) from the
 preliminary ruling in the case of Ministre des Finances du                      expenditure declared by Ireland for public storage of
  Royaume de Belgique v. E. Amelynck and Others on the                           beef for 1992 ,
  following question :
                                                                           — declare, pursuant to Article 173 of the Treaty
  Are Regulations ( EEC ) No 222/77 (') and ( EEC )                              establishing the European Community, that
  No 223/77 ( 2 ), which lay down the rule that evidence of the                  Commission Decision 96/31 1 /EC of 10 April 1996 on
  Community nature of goods is, without exception , to be                        the clearance of accounts presented by Member States in
  furnished solely by transit document T2 or T2 L, consistent                    respect of expenditure for 1 992 of the Guarantee Section
  with Articles 9 and 10 of the EC Treaty and are they                           of the European Agricultural Guidance and Guarantee
  compatible with Articles 37 ( 2 ) and 39 ( 2 ) of Regulation                   Fund and in respect of certain expenditure for 1993 is
  ( EEC ) No 222/77, which provide that the findings of the                      void in so far as it purports to disallow the sum of £ Irl