CELEX: C1998/041/27
Language: en
Date: 1998-02-07 00:00:00
Title: Action brought on 9 December 1997 by the Commission of the European Communities against the Italian Republic (Case C-416/97)

C 41/14                EN                Official Journal of the European Communities                                         7.2.98
Action brought on 9 December 1997 by the Commission                 force the necessary provisions in order to comply with the
of the European Communities against the Italian Republic            Directives referred to in the Commission's application.
                        (Case C-416/97)
                                                                    (1 ) OJ L 340, 31.12.1993, p. 21.
                          (98/C 41/27)                              (2 ) OJ L 201, 4.8.1994, p. 26.
                                                                    (3 ) OJ L 104, 23.4.1994, p. 32.
                                                                    (4 ) OJ L 340, 31.12.1993, p. 15.
An action against the Italian Republic was brought before
the Court of Justice of the European Communities on
9 December 1997 by the Commission of the European
Communities, represented by Francesco P. Ruggeri
Laderchi, of its Legal Service, acting as Agent, with an
address for service in Luxembourg at the office of Carlos
                                                                    Action brought on 9 December 1997 by the Commission
Gómez de la Cruz, of its Legal Service, Wagner Centre,
                                                                    of the European Communities against the Grand Duchy of
Kirchberg.
                                                                                              Luxembourg
                                                                                            (Case C-417/97)
The applicant claims that the Court should:                                                   (98/C 41/28)
1. declare that, by failing to adopt and bring into force
                                                                    An action against the Grand Duchy of Luxembourg was
    within the prescribed period the laws, regulations or
                                                                    brought before the Court of Justice of the European
    administrative provisions necessary to comply with:
                                                                    Communities on 9 December 1997 by the Commission of
                                                                    the European Communities, represented by Christina
    (a) Council Directive 93/119/EC of 22 December                  Tufvesson, Legal Adviser, acting as Agent, with an address
         1993 on the protection of animals at the time of           for service in Luxembourg at the office of Carlos Gómez
         slaughter or killing (1),                                  de la Cruz, of its Legal Service, Wagner Centre, Kirchberg.
    (b) Council Directive 94/42/EC of 27 July 1994                  The Commission of the European Communities claims
         amending Directive 64/432/EEC on health                    that the Court should:
         problems affecting intra-Community trade in
         bovine animals and swine (2),
                                                                    1. declare that, by failing within the prescribed period to
                                                                         adopt all of the laws, regulations and administrative
    (c) Commission Directive 94/16/EC of 22 April 1994                   measures (including measures providing for the
         amending Council Directive 74/63/EEC on                         imposition of penalties) necessary in order to comply
         undesirable substances and products in animal                   with Council Directive 93/22/EEC of 10 May 1993 on
         nutrition (3),                                                  investment services in the securities field (1), the Grand
                                                                         Duchy of Luxembourg has failed to fulfil its
    (d) Council Directive 93/118/EC of 22 December                       obligations under Article 31 of that Directive;
         1993 amending Directive 85/73/EEC on the
         financing of health inspections and controls of
                                                                    2. order the Grand Duchy of Luxembourg to pay the
         fresh meat and poultrymeat (4),
                                                                         costs.
    or in any event by failing to notify such provisions, the       Pleas in law and main arguments adduced in support:
    Italian Republic has failed to fulfil its obligations
    under those Directives;
                                                                    The mandatory nature of the provisions of the third
                                                                    paragraph of Article 189 and of the first paragraph of
2. order the Italian Republic to pay the costs.                     Article 5 of the EC Treaty is such as to oblige Member
                                                                    States to whom directives are addressed to adopt the
                                                                    measures necessary for the implementation of such
Pleas in law and main arguments adduced in support:                 directives within the time-limit prescribed therein. The
                                                                    time-limit in question expired on 1 July 1995 but the
                                                                    Grand Duchy of Luxembourg has not adopted the
Under Article 189 of the EC Treaty, according to which a            necessary measures.
directive is to be binding, as to the result to be achieved,
upon each Member State to which it is addressed,                    (1) OJ L 141, 11.6.1993, p. 27.
Member States are required to observe the time-limits laid
down in directives for their transposition. That time-limit
expired without the Italian Republic having brought into