CELEX: C2001/028/22
Language: en
Date: 2001-01-27 00:00:00
Title: Case C-407/00: Action brought on 8 November 2000 by the Commission of the European Communities against the Republic of Austria

27.1.2001              EN                    Official Journal of the European Communities                                         C 28/13
Action brought on 8 November 2000 by the Commission                     Action brought on 8 November 2000 by the Commission
of the European Communities against the Republic of                     of the European Communities against the Federal Repub-
                             Austria                                                                lic of Germany
                                                                                                   (Case C-408/00)
                         (Case C-407/00)
                                                                                                    (2001/C 28/23)
                                                                        An action against the Federal Republic of Germany was
                          (2001/C 28/22)                                brought before the Court of Justice of the European Communi-
                                                                        ties on 8 November 2000 by the Commission of the European
                                                                        Communities, represented by Götz zur Hausen, Commission
                                                                        Legal Adviser, with an address for service in Luxembourg at
An action against the Republic of Austria was brought                   the office of Carlos Gómez de la Cruz, of its Legal Service,
before the Court of Justice of the European Communities on              Wagner Centre C 254, Kirchberg.
8 November 2000 by the Commission of the European
Communities, represented by Götz zur Hausen, Legal Adviser,
of its Legal Service, with an address for service in Luxembourg         The applicant claims that the Court should:
at the office of Carlos Gómez de la Cruz, of its Legal Service,
Wagner Centre C 254, Kirchberg.                                         1.    declare that, by not adopting in full, or in any event not
                                                                              communicating in full to the Commission, the laws,
                                                                              regulations and administrative provisions necessary to
                                                                              comply with Council Directive 97/11/EC (1) of 3 March
The applicant claims that the Court should:                                   1997 amending Directive 85/337/EEC on the assessment
                                                                              of the effects of certain public and private projects on the
                                                                              environment, the Federal Republic of Germany has failed
(1) declare that, by failing within the time-limit prescribed to              to fulfil its obligations under that directive;
      take all necessary measures in order to comply with
      Council Directive 96/82/EC of 9 December 1996 (1)                 2.    order the Federal Republic of Germany to pay the costs.
      on the control of major-accident hazards involving
      dangerous substances, and in particular Articles 11
      and 12 thereof, the Republic of Austria has failed to fulfil      Pleas in law and main arguments
      its obligations under the EC Treaty;
                                                                        The pleas in law and main arguments correspond to those in
                                                                        Case C-407/00 (2); the time-limit for implementation expired
(2) order the Republic of Austria to pay the costs.                     on 14 March 1999.
                                                                        (1) OJ L 73, 14.3.1997, p. 5.
                                                                        (2) See p. 13 of this Official Journal.
Pleas in law and main arguments
The mandatory nature of the provisions of the third paragraph
of Article 249 EC and of the first paragraph of Article 10 EC
obliges the Member States to adopt the measures necessary in
order to comply with directives addressed to them within the            Action brought on 10 November 2000 by Kingdom of
time-limit prescribed for so doing. That time-limit expired on          Spain against Commission of the European Communities
3 February 1999 but Austria has not to date taken all the
measures required in order to transpose Articles 11 and 12 of
                                                                                                   (Case C-409/00)
the directive.
                                                                                                    (2001/C 28/24)
(1) OJ 1997 L 10, p. 13.                                                An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of Justice of the European
                                                                        Communities on 10 November 2000 by the Kingdom of
                                                                        Spain, represented by Mónica López-Monı́s Gallego, abogado
                                                                        del Estado, acting as Agent, with an address for service in
                                                                        Luxembourg at the office of Carlos Gómez de la Cruz, of its
                                                                        Legal Service, Wagner Centre, Kirchberg.