CELEX: C1998/026/07
Language: en
Date: 1998-01-24 00:00:00
Title: Action brought on 25 November 1997 by the Commission of the European Communities against the Italian Republic (Case C-398/97)

C 26/4                  EN                 Official Journal of the European Communities                                   24.1.98
to comply with the Directives referred to in the forms of             Action brought on 2 December 1997 by the Commission
order sought by the Commission.                                       of the European Communities against the Federal
                                                                                          Republic of Germany
(1) OJ L 340, 31.12.1993, p. 35.                                                             (Case C-403/97)
(2) OJ L 340, 31.12.1993, p. 39.
                                                                                               (98/C 26/08)
                                                                      An action against the Federal Republic of Germany was
                                                                      brought before the Court of Justice of the European
Action brought on 25 November 1997 by the Commission                  Communities on 2 December 1997 by the Commission of
 of the European Communities against the Italian Republic             the European Communities represented by Hans
                         (Case C-398/97)                              Stùvlbaek, of its Legal Service, and Karin Schreyer, on
                                                                      secondment to the same service under an exchange with
                           (98/C 26/07)
                                                                      national civil servants, acting as Agents, with an address
                                                                      for service in Luxembourg at the office of Carlos Gómez
An action against the Italian Republic was brought before             de la Cruz, of the same service, 254 Wagner Centre,
the Court of Justice of the European Communities on                   Kirchberg.
25 November 1997 by the Commission of the European
Communities, represented by Francesco Ruggeri Laderchi
and GeÂrard Berscheid, of its Legal Service, acting as                The Commission claims that the Court should:
Agents, with an address for service in Luxembourg at the
office of Carlos Gómez de la Cruz, Wagner Centre,                     Ð declare that, by failing to adopt the laws, regulations
Kirchberg.                                                                and administrative provisions necessary in order to
                                                                          comply with Council Directive 93/39/EEC of 14 June
The applicant claims that the Court should:                               1993 amending Directives 65/65/EEC, 75/318/EEC
Ð declare that, by failing to bring into force the laws,                  and 75/319/EEC in respect of medicinal products (1)
     regulations and administrative provisions necessary to               and Council Directive 93/40/EEC of 14 June 1993
     comply with Commission Directive 94/59/EC of                         amending Directives 81/851/EEC and 81/852/EEC on
     2 December 1994 amending for the third time the                      the approximation of the laws of the Member States
     Annexes to Council Directive 77/96/EEC on the                        relating to veterinary medicinal products (2) Ð with
     examination for Trichinae (Trichinelle spiralis) upon                the exception in each case of Article 1(7) Ð the
     importation from third countries of fresh meat derived               Federal Republic of Germany has failed to fulfil its
     from domestic swine (1), or in any event by failing to               obligations under Article 4 of Directive 93/39/EEC
     notify those provisions, the Italian Republic has failed             and Article 3 of Directive 93/40/EEC,
     to fulfil its obligations under that Directive,
                                                                      Ð order the Federal Republic of Germany to pay the
Ð order the Italian Republic to pay the costs of the                      costs.
     proceedings.
Pleas in law and main arguments adduced in support:                   Pleas in law and main arguments adduced in support:
Article 189 of the EC Treaty, under which a directive is
                                                                      It follows from the binding nature of directives, as laid
binding, as to the result to be achieved, upon each
                                                                      down in the third paragraph of Article 189 of the EC
Member State to which it is addressed, involves an
                                                                      Treaty, that the Member States to which a directive is
obligation on the part of Member States to comply with
                                                                      addressed are obliged to transpose its provisions into
the time-limits for transposition laid down in directives.
                                                                      national law so that they have full practical effect from
The time-limit here passed on 1 January 1995 without the
                                                                      the expiry of the time-limit for transposition at the latest.
Italian Republic having adopted the provisions necessary
                                                                      In this case that time-limit expired on 1 January 1995 and
to comply with the Directive referred to in the forms of
                                                                      the Federal Republic of Germany has failed to adopt the
order sought by the Commission.
                                                                      measures needed.
(1) OJ L 315, 8.12.1994, p. 18.
                                                                      (1) OJ L 214, 24.8.1993, p. 22.
                                                                      (2) OJ L 214, 24.8.1993, p. 31.