CELEX: C2002/247/17
Language: en
Date: 2002-10-12 00:00:00
Title: Case C-308/02: Action brought on 29 August 2002 by Commission of the European Communities against Grand Duchy of Luxembourg

C 247/10                EN                        Official Journal of the European Communities                                      12.10.2002
The Applicant claims that the Court should:                                  The applicant claims that the Court should:
1)     declare that by failing to adopt for Gibraltar the laws,              —     declare that, by failing to adopt the laws, regulations
       regulations and administrative provisions necessary to                      or administrative provisions necessary to comply with
       comply with Commission Directive 2000/21/EC (1) of                          Commission Directive 2000/21/EC (1) of 25 April 2000
       25 April 2000 concerning the list of Community legis-                       concerning the list of Community legislation referred to
       lation referred to in the fifth indent of Article 13(1) of                  in the fifth indent of Article 13(1) of Council Directive
       Council Directive 67/548/EEC ( 2), or in any event, by                      67/548/EEC, the French Republic failed to fulfil its
       failing to notify such provisions to the Commission, the                    obligations under Article 3 of that directive;
       United Kingdom has failed to fulfil its obligations under
       that directive;                                                       —     order the French Republic to pay the costs.
2)     order the United Kingdom to pay the costs.
                                                                             Pleas in law and main arguments
Pleas in law and main arguments
                                                                             The obligations flowing from the third paragraph of
                                                                             Article 249 of the EC Treaty includes that of observing the
                                                                             time-limits laid down in directives. That time-limit expired on
The Commission considers that it is the duty of the authorities              1 April 2002 without France having brought into force the
of the United Kingdom to initiate, in due time, the procedures               necessary provisions.
necessary for incorporating the directive into domestic law so
that such process is complete within the time-limit laid down,
irrespective of the nature of such procedures, and to inform
                                                                             (1 ) OJ 2000 L 103, p. 70.
the Commission thereof.
Since the United Kingdom has not informed the Commission
of the provisions adopted to comply with the directive
concerned for Gibraltar, the United Kingdom has thus failed
to fulfil its obligations under the directive as regards Gibraltar.
                                                                             Action brought on 29 August 2002 by Commission of
( 1) OJ L 103, 28.4.2000, p. 70.                                             the European Communities against Grand Duchy of
( 2) of 27 June 1967 on the approximation of laws, regulations and                                      Luxembourg
     administrative provisions relating to the classification, packaging
     and labelling of dangerous substances (OJ 196, 16.8.1967, p. 1
     [SE SER1 71(I) p. 180).                                                                          (Case C-308/02)
                                                                                                      (2002/C 247/17)
                                                                             An action against the Grand Duchy of Luxembourg was
                                                                             brought before the Court of Justice of the European Communi-
Action brought on 29 August 2002 by Commission of the                        ties on 29 August 2002 by the Commission of the European
       European Communities against French Republic                          Communities, represented by Lena Ström, acting as Agent,
                                                                             with an address for service in Luxembourg.
                          (Case C-307/02)
                                                                             The applicant claims that the Court should:
                          (2002/C 247/16)                                    —     declare that, by failing to adopt the laws, regulations
                                                                                   or administrative provisions necessary to comply with
                                                                                   Commission Directive 2000/21/EC (1) of 25 April 2000
                                                                                   concerning the list of Community legislation referred to
An action against the French Republic was brought before the                       in the fifth indent of Article 13(1) of Council Directive 67/
Court of Justice of the European Communities on 29 August                          548/EEC, the Grand Duchy of Luxembourg failed to fulfil
2002 by the Commission of the European Communities,                                its obligations under Article 3 of that directive;
represented by Lena Ström, acting as Agent, with an address
for service in Luxembourg.                                                   —     order the Grand Duchy of Luxembourg to pay the costs.
 ---pagebreak--- 12.10.2002               EN                    Official Journal of the European Communities                                       C 247/11
Pleas in law and main arguments                                           Action brought on 4 September 2002 by the Commission
                                                                          of the European Communities against the Hellenic
                                                                                                       Republic
The pleas in law and main arguments are similar to those put
forward in Case C-307/02.
                                                                                                   (Case C-311/02)
( 1) OJ 2000 L 103, p. 70.
                                                                                                   (2002/C 247/19)
Action brought on 2 September 2002 by the Commission
of the European Communities against the United
                               Kingdom
                                                                          An action against the Hellenic Republic was brought before the
                           (Case C-310/02)                                Court of Justice of the European Communities on 4 September
                                                                          2002 by the Commission of the European Communities,
                                                                          represented by F. Franca and M. Konstantinidis, with an address
                           (2002/C 247/18)                                for service in Luxembourg.
An action against the United Kingdom was brought before the
Court of Justice of the European Communities on 2 September               The Commission claims that the Court should:
2002 by the Commission of the European Communities,
represented by Lena Ström and Xavier Lewis, acting as agents,
with an address for service in Luxembourg.
                                                                          —     declare that, by failing to adopt or, in the alternative, to
                                                                                notify to the Commission, within the time-limit laid
The Applicant claims that the Court should:                                     down, the laws, regulations and administrative provisions
                                                                                necessary to comply fully with Directive 98/27/EC of the
1)     declare that by failing to adopt for Gibraltar the laws,                 European Parliament and of the Council of 19 May
       regulations and administrative provisions necessary to                   1998 ( 1) on injunctions for the protection of consumers’
       comply with Commission Directive 98/98/EC (1) of                         interests, the Hellenic Republic has failed to fulfil its
                                                                                obligations under the EC Treaty;
       15 December 1998 adapting to technical progress for the
       25th time the Council Directive 67/548/EEC on the
       approximation of the laws, regulations and administrative
       provisions relating to the classification, packaging and           —     order the Hellenic Republic to pay the costs.
       labelling of dangerous substances, or in any event, by
       failing to notify such provisions to the Commission the
       United Kingdom has failed to fulfil its obligations under
       that Directive;
2)     order the United Kingdom to pay the costs.
                                                                          Pleas in law and main arguments
Pleas in law and main arguments                                           —     infringement of the third paragraph of Article 249 and
                                                                                the first paragraph of Article 10 of the Treaty;
The pleas in law and main arguments are analogous to those
in case C-305/02 (2). Moreover, the Commission considers that
the exclusion of the customs and commercial policy provisions             —     infringement of Article 8(1) of Directive 98/27/EC.
as set out in the Act of Accession with regard to Gibraltar does
not exclude the application of Article 95 of the EC Treaty and
secondary legislation adopted thereunder.
                                                                          (1 ) OJ No L 166, 11.6.1998, p. 51.
( 1) OJ L 355, 30.12.1998, p. 1.
( 2) See p. 9 of the present Official Journal.