CELEX: C1999/086/25
Language: en
Date: 1999-03-27 00:00:00
Title: Action brought on 5 February 1999 by the Commission of the European Communities against the French Republic (Case C-31/99)

27.3.1999              EN                Official Journal of the European Communities                                   C 86/13
Pleas in law and main arguments adduced in support:                      administrative provisions necessary to comply with
                                                                         Commission Directive 96/28/EC of 10 May 1996
                                                                         adapting to technical progress Council Directive
The Commission submits that, as far as it is aware,                      76/116/EEC on the approximation of the laws of the
Ireland continues in its infringement of Article 30 of the               Member States relating to fertilizers (1), the French
EC Treaty by:                                                            Republic has failed to fulfil its obligations under EC
                                                                         Treaty; and
Ð failing to adopt regulations amending the present
    standards of fineness regulations so as to recognise            2. Order the French Republic to pay the costs.
    those standards of fineness included in the proposed
    directive on the approximation of laws, regulations
    and administrative provisions of the Member States
    relating to articles of precious metal;                         The pleas in law and main arguments are analogous to
                                                                    those put forward in Case C-26/1999 (2); the period laid
                                                                    down in the directive expired on 31 May 1997.
Ð failing to adopt a proposed amendment to Section 9 of
    the Hallmarking Act 1981 so as to accept articles
                                                                    (1) OJ L 140, 13.6.1996, p. 30.
    struck with the sponsor's mark of another Member
                                                                    (2) See page 11 of this Official Journal.
    State where the legislation of that Member State
    authorises the marketing of the article and upon proof
    supplied by the Member State that the sponsor's mark
    is, in fact, registered in that Member State;
Ð failing to amend Section 2 of the Hallmarking Act
    1981 so as to permit the recognition of hallmarks               Action brought on 5 February 1999 by the Commission of
    struck in other Member States;                                  the European Communities against the Grand Duchy of
                                                                                               Luxembourg
Ð maintaining differences between approved hallmarks                                         (Case C-32/99)
    struck or articles manufactured in Ireland and those                                     (1999/C 86/26)
    hallmarks of the same type struck on imported
    articles.
                                                                    An action against the Grand Duchy of Luxembourg was
                                                                    brought before the Court of Justice of the European
                                                                    Communities on 5 February 1999 by the Commission of
                                                                    the European Communities, represented by Richard B.
                                                                    Wainwright, Principal Legal Adviser, and Olivier
Action brought on 5 February 1999 by the Commission of              Couvert-CasteÂra, a national civil servant on secondment to
  the European Communities against the French Republic              its Legal Service, acting as Agents, with an address for
                                                                    service in Luxembourg at the Office of Carlos Gómez de
                         (Case C-31/99)
                                                                    la Cruz, Wagner Centre, Kirchberg.
                         (1999/C 86/25)
                                                                    The Commission of the European Communities claims
An action against the French Republic was brought before            that the Court should:
the Court of Justice of the European Communities on
5 February 1999 by the Commission of the European
Communities, represented by Richard B. Wainwright,
Principal Legal Adviser, and Olivier Couvert-CasteÂra, a            1. Declare that, by failing to adopt and bring into force
national civil servant on secondment to its Legal Service,               within the prescribed period the laws, regulations and
acting as Agents, with an address for service in                         administrative provisions necessary to comply with
Luxembourg at the Office of Carlos Gómez de la Cruz,                     Commission Directive 96/28/EC of 10 May 1996
Wagner Centre, Kirchberg.                                                adapting to technical progress Council Directive
                                                                         76/116/EEC on the approximation of the laws of the
                                                                         Member States relating to fertilizers (1), the Grand
                                                                         Duchy of Luxembourg has failed to fulfil its
The Commission of the European Communities claims
                                                                         obligations under EC Treaty; and
that the Court should:
1. Declare that, by failing to adopt and bring into force           2. Order the Grand Duchy of Luxembourg to pay the
    within the prescribed period the laws, regulations and               costs.