CELEX: C1998/278/50
Language: en
Date: 1998-09-05 00:00:00
Title: Action brought on 17 July 1998 by the Kingdom of Belgium against the Commission of the European Communities (Case C-263/98)

C 278/28                EN                 Official Journal of the European Communities                                    5.9.98
     order to comply with Council Directive 93/65/EEC of                   financing for the sum of BEF 382 208 436 by way of
     19 July 1993 on the definition and use of compatible                  expenditure incurred for the advance payment of
     technical specifications for the procurement of                       export refunds;
     air-traffic management equipment and systems (1),
     alternatively by failing to take the measures necessary          2. order the Commission to pay the costs of the
     to comply therewith, the Kingdom of Belgium has                       proceedings.
     failed to fulfil its obligations under that Directive,
                                                                      Pleas in law and main arguments adduced in support:
Ð order the Kingdom of Belgium to pay the costs.
                                                                      The pleas in law and main arguments are identical to
                                                                      those in Case C-242/97 (2).
Pleas in law and main arguments adduced in support:
                                                                      (1) OJ L 163, 6.6.1998, p. 28.
                                                                      (2) OJ C 271, 6.9.1997, p. 6.
The pleas in law and main arguments are analogous to
those in Case C-250/98 (2); the time limit laid down by
Article 9 of the Directive expired on 20 July 1994.
                                                                      Reference for a preliminary ruling from the Tribunal de
The Commission asserts, in the alternative, that the                  PremieÁre Instance de Charleroi by judgment of that court
Directive confers on nationals of the Member States the               of 2 July 1998 in the case of Tibor Balog v. ASBL Royal
right to respond to invitations to tender prepared in                                Charleroi Sporting Club (RCSC)
accordance with the standards laid down pursuant to
and in accordance with the Directive. For that reason,                                       (Case C-264/98)
internal memoranda circulated by State ministries or                                           (98/C 278/51)
administrative authorities do not constitute an adequate
transposition measure.
                                                                      Reference has been made to the Court of Justice of the
                                                                      European Communities by a judgment of the Tribunal de
(1) OJ L 187, 27.7.1993, p. 52.                                       PremieÁre Instance (Court of First Instance), Charleroi, of
(2) See page 22 of this Official Journal.                             2 July 1998, which was received at the Court Registry on
                                                                      20 July 1998, for a preliminary ruling in the case of Tibor
                                                                      Balog v. ASBL Royal Charleroi Sporting Club on the
                                                                      following question:
                                                                      Is it compatible with Article 85 of the EC Treaty and/or
                                                                      with Article 53 of the Agreement on the European
Action brought on 17 July 1998 by the Kingdom                         Economic Area for a football club established in the
of Belgium against the Commission of the European                     territory of a Member State of the European Union to
                            Communities                               claim, on the basis of the rules and circulars of the
                          (Case C-263/98)                             national and international federations (URBSFA, UEFA,
                                                                      FIFA), payment of a transfer sum' on the occasion of the
                           (98/C 278/50)                              engagement of one of its former players, a professional
                                                                      footballer of non-Community nationality who has reached
                                                                      the end of his contract, by a new employer established in
An action against the Commission of the European                      the same Member State, in another Member State of the
Communities was brought before the Court of Justice of                European Union or the European Economic Area, or in a
the European Communities on 17 July 1998 by the                       non-member country?
Kingdom of Belgium, represented by J. Devadder, General
Adviser in the Ministry of Foreign Affairs, Foreign Trade
and Development Cooperation, and H. Gilliams, of the
Brussels Bar, with an address for service in Luxembourg at
the Belgian Embassy, 4 rue des Girondins.
                                                                      References for preliminary rulings by Juzgado de Primera
                                                                      Instancia No 35, Barcelona, by orders of that court of
The applicant claims that the Court should:                           31 March 1998 in the cases of Salvat Editores SA and
                                                                               Others and J. CompanÄ Calbuig and Others
                                                                                      (Cases C-265/98 to C-272/98)
1. annul Commission Decision 98/358/EC of 6 May
                                                                                               (98/C 278/52)
     1998 on the clearance of the accounts presented by the
     Member States in respect of the expenditure for 1994
     on the Guarantee Section of the European Agricultural            Reference has been made to the Court of Justice of the
     Guidance and Guarantee Fund (EAGGF) (1) in so far                European Communities by orders of Juzgado de Primera
     as it disallows, in respect of the applicant, Community          Instancia (Court of First Instance) No 35, Barcelona, of