CELEX: C2000/135/17
Language: en
Date: 2000-05-13 00:00:00
Title: Case C-93/00: Action brought on 10 March 2000 by the European Parliament against the Council of the European Union

13.5.2000             EN                   Official Journal of the European Communities                                         C 135/9
Reference for a preliminary ruling by the Tribunal Supre-             The Commission of the European Communities claims that
mo, Sala de lo Contencioso-Administrativo, Sección Ter-              the Court should:
cera, by order of that court of 14 February 2000 in the
case of Telefónica de España, S.A. and Administración del          (1) declare that, by failing to adopt or, in the alternative,
                  Estado and Retevisión, S.A.                             to communicate to the Commission, within the period
                                                                           prescribed the laws, regulations and administrative pro-
                         (Case C-79/00)                                    visions necessary to comply with Commission Directive
                                                                           96/86/EC (1)of 13 December 1996 adapting to technical
                        (2000/C 135/15)                                    progress Council Directive 94/55/EC on the approximation
                                                                           of the laws of the Member States with regard to the
                                                                           transport of dangerous goods by road, the Hellenic Repub-
Reference has been made to the Court of Justice of the                     lic has failed to fulfil its obligations under the Treaty and
European Communities by an order of the Tribunal Supremo,                  that directive.
Sala de lo Contencioso-Administrativo, Sección Tercera
(Supreme Court, Contentious-Administrative Division, Third
                                                                      (2) order the Hellenic Republic to pay the costs.
Chamber), which was received at the Court Registry on
3 March 2000, for a preliminary ruling in the case of Telefónica
de España, S.A. and Administración del Estado and Retevisión,
S.A., on the following question:                                      Pleas in law and main arguments
Does a combined interpretation of Articles 4(2) and 9(2), in          The binding nature of the third paragraph of Articles 249 and
relation to Annex VII (Part 2(c)) of Directive 97/33/EC (1) of        10 EC (formerly Articles 189 and 5 of the EC Treaty) requires
the European Parliament and of the Council of 30 June 1997            Member States to take the measures necessary to transpose
on interconnection in telecommunications with regard to               directives into their legal system before the expiry of the period
ensuring universal service and interoperability through appli-        prescribed for that purpose and to notify those measures to
cation of the principles of Open Network Provision (ONP),             the Commission immediately. When the relevant time-limit
allow                                                                 expired on 1 January 1997 the Hellenic Republic had not
                                                                      notified the Commission of measures transposing the directive
a) the national regulatory authorities to impose ex ante on an        in question into national law.
    operator having significant market power the obligation
    to provide other operators with access to the subscriber
    loop and to offer interconnection at local and higher-level       (1) OJ 1996 L 335, p. 43.
    switching centres;
b) or, on the contrary, do those authorities have the power
    — with regard to access and interconnection at those
    specific network points — only ‘to promote’ agreements
    negotiated between the various operators, but not to
    impose such access and interconnection as an ex ante
    obligation on an operator with significant market power?
                                                                      Action brought on 10 March 2000 by the European
(1) OJ L 199 of 26.7.1997, p. 32.                                        Parliament against the Council of the European Union
                                                                                                (Case C-93/00)
                                                                                               (2000/C 135/17)
Action brought on 7 March 2000 by the Commission of                   An action against the Council of the European Union was
the European Communities against the Hellenic Republic                brought before the Court of Justice of the European Communi-
                                                                      ties on 10 March 2000 by the European Parliament, represent-
                         (Case C-85/00)                               ed by Christian Pennera, Head of Division in its Legal Service,
                                                                      and Evelyn Waldherr, a Member of its Legal Service, acting as
                                                                      Agents, with an address for service in Luxembourg at the
                        (2000/C 135/16)
                                                                      Secretariat General of the European Parliament, Mail and
                                                                      Registration Service, Alcide de Gasperi Building, Kirchberg.
An action against the Hellenic Republic was brought before
the Court of Justice on 7 March 2000 by the Commission of
the European Communities, represented by Marie Wolfcarius,            The applicant claims that the Court should:
Legal Advisor, and Maria Patakia, both of its Legal Service,
with an address for service in Luxembourg at the office of            — annul Council Regulation (EC) No 2772/99 of 21 Decem-
Carlos Gómez de la Cruz, also of the Commission’s Legal                   ber 1999 providing for the general rules for a compulsory
Service, Wagner Centre, Kirchberg.                                         beef labelling system (1);
 ---pagebreak--- C 135/10              EN                  Official Journal of the European Communities                                          13.5.2000
— in the affirmative, maintain the effects of the annulled                for a compulsory beef-labelling system’ within the pre-
    regulation in force until the Parliament and the Council              scribed period.
    adopt a new measure in accordance with Article 152 EC;
                                                                     (1) OJ 1999 L 334, p. 1.
                                                                     (2) Council Regulation (EC) No 820/97 of 21 April 1997 establishing
— order the Council to pay the costs.                                    a system for the identification and registration of bovine animals
                                                                         and regarding the labelling of beef and beef products (OJ 1997
                                                                         L 117, p. 1).
Pleas in law and main arguments
— Lack of power on the part of the Council: Regulation               Removal from the register of Joined Cases C-400/97, C-
    No 2772/99 is based on Article 19 of Regulation (EC)                                  401/97 and C-402/97 (1)
    No 820/97(2), whereby, in accordance with the third
    indent of Article 202 EC, the Council reserved the right                                  (2000/C 135/18)
    to exercise implementing powers directly. In adopting
    Regulation No 2772/99, however, the Council altered the          By order of 16 February 2000 the President of the Court of
    temporal application of Regulation (EC) No 820/97 and            Justice of the European Communities has ordered the removal
    thus acted outside its implementing power, which contains        from the register of Joined Cases C-400/97, C-401/97 and C-
    neither the power to extend the application of the volun-        402/97 (reference for a preliminary ruling from the Tribunal
    tary labelling system beyond 31 December 1999 nor the            Superior de Justicia del Paı́s Vasco): Administración del Estado
    power to postpone the introduction of the compulsory             v Juntas Generales de Guipuzcoa and Others.
    beef-labelling system.
                                                                     (1) OJ C 41 of 7.2.1998.
— Infringement of the prerogatives of the European Parlia-
    ment: By the contested regulation, the Council effectively
    altered the substance of Regulation (EC) No 820/97. By
    adopting it on the basis of Article 19 of Regulation (EC)
    No 820/97 rather than doing so in accordance with Article               Removal from the register of Case C-152/99 (1)
    152 EC, the Council excluded the participation of the
                                                                                              (2000/C 135/19)
    European Parliament in the codecision and thus infringed
    the Parliament’s prerogatives.                                   By order of 21 February 2000 the President of the Court of
                                                                     Justice of the European Communities has ordered the removal
— Infringement of Regulation (EC) No 829/97: The Council             from the register of Case C-152/99: Commission of the
    failed to comply with the obligations imposed by Article         European Communities v Ireland.
    19 of Regulation (EC) No 820/97 itself by not adopting
    the implementation measures consisting of ‘general rules         (1) OJ C 188 of 3.7.1998.