CELEX: C1997/108/22
Language: en
Date: 1997-04-05 00:00:00
Title: Action brought on 10 February 1997 by the Commission of the European Communities against the French Republic (Case C-57/97)

No C 108/ 12          EN                    Official Journal of the European Communities                                      5 . 4 . 97
Court of First Instance of the European Communities in                 The applicant claims that the Court should :
Case T-3 80/94 between Association Internationale des Uti­
lisateurs de Fils de Filaments Artificiels et Synthetiques et
de Soie Naturelle (Aiuffass ) and Apparel, Knitting &                  1 . declare that, by failing to bring into force within the
Textiles Alliance (AKT), on the one hand, and                                 prescribed period the laws, regulations or
Commission of the European Communities, supported by                          administrative provisions comprising any penalties
the United Kingdom of Great Britain and Northern                              necessary to comply with Council Directive 93/119/
Ireland, on the other, was brought before the Court of                        EC (') of 22 December 1993 on the protection of
Justice of the European Communities on 10 February                            animals at the time of slaughter or killing, the French
1997 by Association Internationale des Utilisateurs de Fils                   Republic has failed to fulfil its obligations under
de Filaments Artificiels et Synthetiques et de Soie Naturelle                 Article 18 of Directive 93/119/EC and the EC Treaty;
( Aiuffass ) and Apparel, Knitting & Textiles Alliance
( AKT), represented by M. Waelbroeck, J. Stuyck and O.
                                                                       2 . order the French Republic to pay the costs .
Speltdoorn, of the Brussels Bar, with an address for service
in Luxembourg at the Chambers of E. Arendt, 8—10 Rue
Mathias Hardt .
                                                                       Pleas in law and main arguments adduced in support:
The appellant claims that:
                                                                       The mandatory nature of the provisions of the third
                                                                       paragraph of Article 189 and the first paragraph of
— the judgment of the Fifth Chamber, Extended                          Article 5 of the EC Treaty requires Member States to
      Composition, of the Court of First Instance of                   adopt the measures necessary to transpose directives
      12 December 1996 in Case T-3 80/94 should be set                 addressed to them into their domestic law before the
      aside,                                                           expiry of the period prescribed for doing so. That period
                                                                       expired on 1 January 1995 without the French Republic
— consequently, the Commission Decision of 31 May                      having brought into force the necessary provisions .
       1994, reproduced in Commission Notice 94/C 271/06,
      authorizing the Government of the United Kingdom                 (') OJ No L 340, 31 . 12 . 1993 , p . 21 .
      under Article 92 ( 3 ) ( a ) and (c ) of the EC Treaty to
      grant aid of £ 61 million in favour of Hualon
       Corporation for the setting up of a textile producing
       plant in Northern Ireland should be annulled,
 — the Commission should be ordered to pay the costs of
       the appeal proceedings and of the proceedings before            Action brought on 10 February 1997 by the Commission
       the Court of First Instance in Case T-380/94 .                   of the European Communities against the French Republic
                                                                                                  Case C-57/97)
 Pleas in law and main arguments adduced in support:                                               97/C 108/22 )
 The appellants maintain that the Commission failed to
  take account of the effects of the investment at issue in the         An action against the French Republic was brought before
  high-range product sector. They consider that, in assessing           the Court of Justice of the European Communities on
  that aspect of the application, the contested judgment                10 February 1997 by the Commission of the European
  misinterpreted the Commission Decision and failed to                  Communities, represented by A. X. Lewis, acting as
  respond sufficiently to their arguments .                             Agent, with an address for service in Luxembourg at the
                                                                        office of Carlos Gomez de la Cruz, Wagner Centre,
                                                                        Kirchberg.
                                                                        The applicant claims that the Court should:
  Action brought on 10 February 1997 by the Commission
   of the European Communities against the French Republic               ( a ) declare that, by failing to bring into force within the
                           Case C-56/97)                                       prescribed period the laws, regulations or
                                                                               administrative provisions necessary to comply with:
                           ( 97/C 108/21 )
                                                                               1 . Council Directive 93/53/EEC ( 1 ) of 24 June 1993
   An action against the French Republic was brought before                        introducing minimum Community measures for
   the Court of Justice of the European Communities on                             the control of certain fish diseases;
   10 February 1997 by the Commission of the European
   Communities, represented by A. X. Lewis, acting as                          2 . Council Directive 93/113/EC (2 ) of 14 December
   Agent, with an address for service in Luxembourg at the                          1993 concerning the use and marketing of
   office of Carlos Gomez de la Cruz, Wagner Centre,                                enzymes, micro-organisms and their preparations
   Kirchberg.                                                                       in animal nutrition;
 ---pagebreak--- 5 . 4 . 97                EN                     Official Journal of the European Communities                                   No C 108/ 13
       3 . Council , Directive 93/114/EC ( 3 ) of 14 December               Member States are required to observe the time-limits laid
           1993      amending            Directive    70/524/EEC (4)        down in directives for their transposition . That time-limit
           concerning additives in feedingstuffs,                           expired on 13 September 1994 without the Italian
                                                                            Republic having brought into force the necessary
       and/or by failing to notify the Commission thereof, the              provisions in order to comply with the Directive referred
       French Republic has failed to fulfil its obligations                 to in the Commission's application.
       under Article 20 of Directive 93/53/EEC, Article 8 of
       Directive 93/ 113/EC and Article 2 of Directive 93/114/              H OJ No L 247, 5 . 10 . 1993 , p. 19 .
       EC and of the EC Treaty;
( b) order the French Republic to pay the costs.
Pleas in law and main arguments adduced in support:
                                                                            Appeal brought on 11 February 1997 by L. B. Rasmussen
                                                                            against the judgment delivered on 12 December 1996 by
The pleas in law and main arguments are similar to those                    the Third Chamber of the Court of First Instance of the
relied on in Case C-56/97 (s ); the time-limits expired on
                                                                            European Communities in Case T-130/95 between L. B.
1 January 1994 (Directive 93/53/EEC ), 1 October 1994
(Directive 93/113/EC and Directive 93/114/EC) and                           Rasmussen and the Commission of the European
                                                                                                       Communities
1 January 1995 (Article 7 of Directive 93/113/EC )
respectively.                                                                                      ( Case C-60/97 P)
                                                                                                      ( 97/C 108/24 )
(1 )  OJ  No L 175 , 19 . 7 . 1993 , p . 23 .
(2 )  OJ  No L 334,  31 . 12 . 1993 , p. 17.
(3)   OJ  No L 334,  31 . 12 . 1993 , p . 24 .                              An appeal against the judgment delivered on 12 December
(4)   OJ  No L 270,  14 . 12 . 1970, p . 1 .                                 1996 by the Third Chamber of the Court of First Instance
(5 ) See page 12 of this Official Journal.                                  of the European Communities in Case T-130/95 between
                                                                            L. B. Rasmussen and the Commission of the European
                                                                             Communities was brought before the Court of Justice of
                                                                            the European Communities on 11 February 1997 by L. B.
                                                                             Rasmussen, represented by Carlo Revoldini, with an
                                                                             address for service in Luxembourg at 180, route de
Action brought on 7 February 1997 by the Commission of                       Longwy.
     the European Communities against the Italian Republic
                              ( Case C-58/97 )                               The appellant claims that the Court should:
                                ( 97/C 108/23 )
                                                                             — quash the judgment appealed against in its entirety,
                                                                                 except as to the costs of the proceedings,
 An action against the Italian Republic was brought before
 the Court of Justice of the European Communities on                         and as should have been held at first instance :
 7 February 1997 by the Commission of the European
 Communities, represented by Frank Benyon, Legal                             — annul the decision of the Commission not to promote
 Adviser, and Laura Pignataro, of its Legal Service, acting                      the applicant to Grade A 4 in the 1994 promotion
 as Agents, with an address for service in Luxembourg at                         procedure,
 the office of Carlos Gomez de la Cruz, Wagner Centre,
 Kirchberg.                                                                  — annul the decision of the Commission to promote to
                                                                                  Grade A 4 the officials on the list published in
 The applicant claims that the Court should :                                    Administrative     Information        Bulletin No   859   of
                                                                                  8 September 1994,
  1 . declare that, by failing to adopt and/or notify the
        laws, regulations or administrative provisions                       — order the Commission to pay damages in respect of
        necessary to comply with Council Directive 93/75/EEC                      the non-material harm suffered,
        of 13 September 1993 concerning minimum
        requirements for vessels bound for or leaving                        — order the Commission to pay the costs of the
        Community ports and carrying dangerous or polluting                       proceedings in any event.
        goods ('), the Italian Republic has failed to fulfil its
        obligations under that Directive and the EC Treaty;                   Pleas in law and main arguments adduced in support:
  2 . order the Italian Republic to pay the costs .                           Defective and inadequate reasoning of the contested
                                                                              judgment which failed to deal with the applicant's
  Pleas in law and main arguments adduced in support:                         arguments and claims (] ).
  Under Article 189 of the EC Treaty, according to which a                    H OJ No C 208 , 17 . 8 . 1995 , p . 35 .
  directive is to be binding, as to the result to be achieved,
  upon each Member State to which it is addressed,