CELEX: C1998/072/26
Language: en
Date: 1998-03-07 00:00:00
Title: Action brought on 28 January 1998 by the Commission of the European Communities v. Ireland (Case C-24/98)

7.3.98                EN                  Official Journal of the European Communities                                      C 72/13
Reference for a preliminary ruling by the Pretura                    The Applicant claims that the Court should:
Circondariale di Torino, by order of 18 December 1997,
       in the case of Battital Srl v. Regione Piemonte               1) declare that by failing to adopt the laws, regulations
                        (Case C-14/98)                                   or administrative provisions necessary to comply with
                                                                         Council Directive 94/28/EC of 23 June 1994 laying
                         (98/C 72/24)                                    down the principles relating to the zootechnical and
                                                                         genealogical conditions applicable to imports from
                                                                         third countries of animals, their semen, ova and
Reference has been made to the Court of Justice of the                   embryos (1), and amending Directive 77/504/EEC (2)
European Communities by order of 18 December 1997                        on pure-bred breeding animals of the bovine species,
from the Pretura Circondariale di Torino (District                       Ireland has failed to fulfil its obligations under that
Magistrate's Court, Turin), which was received at the                    Directive and under the Treaty, and
Court Registry on 22 January 1998, for a preliminary
ruling in the case of Battital Srl v. Regione Piemonte               2) order Ireland to pay the costs.
(Region of Piedmont), on the following questions:
                                                                     Pleas in law and main arguments adduced in support:
1. Having regard to Article 1 of Directive 95/40/EC of
    19 July 1995 (1), Article 2 of Directive 96/14/Euratom,          Article 189 of the EC Treaty, under which a directive shall
    ECSC, EC of 12 March 1996 (2) and Article 1 of                   be binding, as to the result to be achieved, upon each
    Directive 96/15/EC of 14 March 1996 (3), does the                Member State, carries by implication an obligation on the
    ban on the importation of organisms of the Citrus                Member States to observe the period for compliance laid
    genus still apply in Italy (or in any region of Italy)?          down in the directive. That period expired on 1 July 1995
                                                                     without Ireland having enacted the provisions necessary to
                                                                     comply with the directive referred to in the conclusions of
2. Did that ban cease to apply with effect from 1 April              the Commission.
    1996?
                                                                     (1) OJ L 178, 12.7.1994, p. 66.
                                                                     (2) OJ L 206, 12.8.1977, p. 8.
3. Is the Ministerial Decree of 31 January 1996 of
    the Ministry of Agricultural Resources, which
    incorporated Directive 95/40/EC, incompatible, so far
    as the relevant provisions are concerned, with the
    discontinuance of the ban on imports into Italian
    territory (or into any part thereof) of plant organisms
    of the Citrus genus, as would appear to result from              Action brought on 28 January 1998 by the Commission of
    the combined effect of Directive 95/40/EC of 19 July                         the European Communities v. Ireland
    1995, Article 2 of Directive 96/14/Euratom, ECSC, EC                                      (Case C-24/98)
    of 12 March 1996 and Article 1 of Directive 96/15/EC
    of 14 March 1996?                                                                          (98/C 72/26)
(1) OJ L 182, 2.8.1995, p. 14.                                       An action against Ireland was brought before the Court of
(2) OJ L 68, 19.3.1996, p. 24.                                       Justice of the European Communities on 28 January 1998
(3) OJ L 70, 20.3.1996, p. 35.                                       by the Commission of the European Communities,
                                                                     represented by Mr Richard Wainwright, principal legal
                                                                     adviser, and Mr Michael Shotter, a national official
                                                                     seconded to the Commission under an arrangement for the
                                                                     exchange of officials, acting as agents, with an address for
                                                                     service in Luxembourg at the office of Mr Carlos Gómez
                                                                     de la Cruz, a member of the Legal Service of the
Action brought on 26 January 1998 by the Commission of               Commission, Centre Wagner.
            the European Communities v. Ireland
                        (Case C-21/98)                               The Applicant claims that the Court should:
                         (98/C 72/25)
                                                                     Ð declare that, by failing to notify the laws, regulations
                                                                         or administrative provisions necessary to comply with
An action against Ireland was brought before the Court of                Directive 94/22/EC of 30 May 1994 aiming at
Justice of the European Communities on 26 January 1998                   establishing the conditions for granting and using
by the Commission of the European Communities,                           authorizations for the prospection, exploration and
represented by Mr James Macdonald Flett, a member of                     production of hydrocarbons (1), or by failing to adopt
its Legal Service, acting as agent, with an address for                  the measures necessary to comply with it, Ireland has
service in Luxembourg at the office of Mr Carlos Gómez                   failed to fulfil its obligations under that Directive, and
de la Cruz, also a member of its Legal Service, Centre
Wagner.                                                              Ð order Ireland to pay the costs.
 ---pagebreak--- C 72/14                 EN                 Official Journal of the European Communities                                  7.3.98
Pleas in law and main arguments adduced in support:                   1995 without Ireland having enacted the provisions
                                                                      necessary to comply with the directive referred to in the
                                                                      conclusions of the Commission.
Article 189 of the EC Treaty, under which a directive shall
be binding, as to the result to be achieved, upon each
                                                                      (1) OJ L 157, 24.6.1994, p. 33.
Member State, carries by implication an obligation on the
                                                                      (2) OJ L 43, 20.2.1979, p. 20.
Member States to observe the period for compliance laid
down in the directive. That period expired on 1 July 1995
without Ireland having enacted the provisions necessary to
comply with the directive referred to in the conclusions of
the Commission.
(1) Directive 94/22/EC of the European Parliament and of the
    Council (OJ L 164, 30.6.1994, p. 3).                                    Removal from the register of Case C-276/96 (1)
                                                                                               (98/C 72/28)
                                                                      By order of 10 November 1997 the President of the Sixth
                                                                      Chamber of the Court of Justice of the European
Action brought on 29 January 1998 by the Commission of                Communities has ordered the removal from the register
             the European Communities v. Ireland                      of Case C-276/96: Commission of the European
                                                                      Communities v. Portuguese Republic.
                          (Case C-26/98)
                           (98/C 72/27)                               (1) OJ C 294, 5.10.1996.
An action against Ireland was brought before the Court of
Justice of the European Communities on 29 January 1998
by the Commission of the European Communities,
represented by Hans Christian Stùvlbñk, a member of its
Legal Service, and Michael Shotter, a national official
                                                                            Removal from the register of Case C-170/97 (1)
seconded to the Commission under an arrangement for the
exchange of officials, acting as agents, with an address for                                   (98/C 72/29)
service in Luxembourg at the office of Mr Carlos Gómez
de la Cruz, a member of the Legal Service of the
Commission, Centre Wagner.
                                                                      By order of 13 November 1997 the President of the Court
                                                                      of Justice of the European Communities has ordered the
The Applicant claims that the Court should:                           removal from the register of Case C-170/97: Commission
                                                                      of the European Communities v. Portuguese Republic.
Ð declare that by failing to notify the laws, regulations             (1) OJ C 199, 28.6.1997.
     or administrative provisions necessary to comply with
     Directive 94/26/EC (1) of 15 June 1994 adapting to
     technical progress Council Directive 79/196/EEC (2) of
     6 February 1979 on the approximation of the laws of
     the Member States concerning electrical equipment for
     use in potentially explosive atmospheres employing
     certain types of protection, or by failing to adopt the
     measures necessary to comply with it, Ireland has                      Removal from the register of Case C-171/97 (1)
     failed to fulfil its obligations under that Directive, and
                                                                                               (98/C 72/30)
Ð order Ireland to pay the costs.
                                                                      By order of 13 November 1997 the President of the Court
                                                                      of Justice of the European Communities has ordered the
Pleas in law and main arguments adduced in support:                   removal from the register of Case C-171/97: Commission
                                                                      of the European Communities v. Portuguese Republic.
Article 189 of the EC Treaty, under which a directive shall
be binding, as to the result to be achieved, upon each                (1) OJ C 199, 28.6.1997.
Member State, carries by implication an obligation on the
Member States to observe the period for compliance laid
down in the directive. That period expired on 31 March