CELEX: C1995/333/13
Language: en
Date: 1995-12-09 00:00:00
Title: Reference for a preliminary ruling from the Saarländisches Oberlandesgericht by order of that court of 6 October 1995 in the case of David Charles Hayes and Jeanette Karen Hayes, his wife, in their capacity as a partnership under English civil law, v. Kronenberger GmbH in liquidation, represented by its liquidator, Klaus D. Wein (Case C-323/95)

No C 333/8            EN                  Official Journal of the European Communities                                     9 . 12 . 95
Reference for a preliminary ruling from the Saarlandisches           Member State, carries by implication an obligation on the
Oberlandesgericht by order of that court of 6 October 1995           Member States to observe the period for compliance laid
in the case of David Charles Hayes and Jeanette Karen                down in the directive . That period expired on 1 January
Hayes, his wife, in their capacity as a partnership under            1993 without Ireland having enacted the provisions
English civil law, v. Kronenberger GmbH in liquidation,              necessary to comply with the Directives referred to in the
       represented by its liquidator, Klaus D. Wein                  conclusions of the Commission .
                         Case C-323 /95
                                                                     (') OJ No L 268 , 24 . 9 . 1991 , p . 41 .
                         ( 95/C 333/ 13 )
Reference has been made to the Court of Justice of the
European Communities by order of the Saarlandisches
Oberlandesgericht ( Saarland Higher Regional Court ) of
6 October 1995 , which was received at the Court Registry            Action brought on 16 October 1995 by the Commission of
on 16 October 1995 , for a preliminary ruling in the case of                 the European Communities against Ireland
David Charles Hayes and Jeanette Karen Hayes, his wife, in
                                                                                              Case C-325 /95 )
their capacity as a partnership under English civil law, v.
Kronenberger GmbH in liquidation, represented by its                                           ( 95/C 333/ 15 )
liquidator, Klaus D. Wein, on the following question :
                                                                     An action against Ireland was brought before the Court of
Where British nationals possessing no residence or assets in         Justice of the European Communities on 16 October 1995
Germany have brought proceedings before a German civil               by the Commission of the European Communities,
court against a limited liability company established in             represented by Carmel O'Reilly, member of the Legal
Germany for payment of the purchase price of goods                   Service, acting as agent, with an address for service in
supplied, and are required by the competent German court,            Luxembourg at the office of Carlos Gomez de la Cruz,
on application by the defendant, to furnish security for             Centre Wagner.
costs pursuant to paragraph 110 of the German
Zivilprozefiordnung ( Code of Civil Procedure ), does that           The Applicant claims that the Court should :
constitute discrimination on grounds of nationality
contrary to the first paragraph of Article 7 of the EEC              1 . declare that by failing to bring into force the laws,
Treaty ?                                                                 regulations or administrative provisions necessary to
                                                                         comply with
                                                                         — Council Directive 91 /67/EEC of 28 January 1991
                                                                             concerning the animal health conditions governing
Action brought on 16 October 1995 by the Commission of                       the placing on the market of aquaculture animals
         the European Communities against Ireland                            and products (');
                       ( Case C-324/95 )                                 — Council Directive 91 /492/EEC of 15 July 1991
                         ( 95/C 333/ 14 )                                    laying down the health conditions for the
                                                                             production and the placing on the market of live
An action against Ireland was brought before the Court of                    bivalve molluscs ( 2 );
Justice of the European Communities on 16 October 1995
by the Commission of the European Communities,                           — Council Directive 91 /493/EEC of 22 July 1991
represented by Carmel O'Reilly, member of the Legal                          laying down the health conditions for the
Service, acting as agent, with an address for service in                     production and the placing on the market of fishery
Luxembourg at the office of Carlos Gomez de la Cruz,                         products ( 3 );
Centre Wagner .
                                                                         — Council Directive 92/48/EEC of 16 June 1992 laying
The Applicant claims that the Court should :                                 down the minimum hygiene rules applicable to
                                                                             fishery products caught on board certain vessels in
1 . declare that by failing to adopt the laws, regulations or                accordance with Article 3 ( 1 ) ( a ) ( i ) of Council
    administrative provisions necessary to comply with                       Directive 91 /493/EEC ( 4 ), Ireland has failed to fulfil
    Council Directive 91 /495/EEC of 27 November 1990                        its respective obligations under those Directives;
    concerning public health and animal health problems
    affecting the production and placing on the market of            2 . order Ireland to pay the costs .
    rabbit meat and farmed game meat ( 1 ) Ireland has failed
    to fulfil its obligations under that Directive;                  Pleas in law and main arguments:
2 . order Ireland to pay the costs .                                 Article 189 of the EC Treaty, under which a directive shall
                                                                     be binding, as to the result to be achieved, upon each
Pleas in law and main arguments:                                     Member State, carries by implication an obligation on the
                                                                     Member States to observe the period for compliance laid
Article 189 of the EC Treaty, under which a directive shall          down in the directive . That period expired on 1 January
be binding, as to the result to be achieved, upon each                1993 without Ireland having enacted the provisions