CELEX: C2001/317/41
Language: en
Date: 2001-11-10 00:00:00
Title: Case C-376/01: Action brought on 28 September 2001 by the Commission of the European Communities against Ireland

C 317/22               EN                     Official Journal of the European Communities                                    10.11.2001
Pleas in law and main arguments                                          Action brought on 28 September 2001 by the Com-
                                                                         mission of the European Communities against the
                                                                                               Kingdom of Belgium
Article 249 EC under which a directive shall be binding as to
the result to be achieved, upon each Member State, carries by
implication an obligation on the Member States to observe the                                     (Case C-377/01)
period for compliance laid down in the directive. That period
expired on 14 May 2000 without the United Kingdom having
enacted the provisions necessary to comply with the directive
                                                                                                  (2001/C 317/42)
referred to in the conclusions of the Commission.
(1) OJ L 123, 24.4.1998, p. 1-63.                                        An action against the Kingdom of Belgium was brought
                                                                         before the Court of Justice of the European Communities on
                                                                         28 September 2001 by the Commission of the European
                                                                         Communities, represented by G. Valero Jordana and J. Adda,
                                                                         acting as Agents, with an address for service in Luxembourg.
Action brought on 28 September 2001 by the Com-
                                                                         The Commission claims that the Court should declare that:
   mission of the European Communities against Ireland
                          (Case C-376/01)                                —    by virtue of the failure of the competent Belgian auth-
                                                                              orities, whichever they may be, to adopt the measures
                          (2001/C 317/41)                                     necessary to ensure the transposition of Articles 5(c) and
                                                                              (e) and 6(1) of Directive 79/409/EEC (1) with regard to
                                                                              so-called ‘non-indigenous’ species covered by Directive
An action against Ireland was brought before the Court of                     79/409/EEC, where the transactions governed by the
Justice of the European Communities on 28 September 2001                      above mentioned provisions of the directive are not
by the Commission of the European Communities, represented                    import, export or transit, or if those measures have be on
by Richard Wainwright, acting as agent, with an address for                   adopted, by virtue of their failure to communicate them
service in Luxembourg.                                                        to the Commission, and
The Applicant requests that the Court should:                                 —     by virtue of the Federal State’s failure to adopt the
                                                                                    provisions necessary to ensure the transposition of
—     declare that by failing to adopt the laws, regulations or                     Articles 5(c) and (e) and 6(1) of Directive
      administrative provisions necessary before 14 May 2000                        79/409/EEC with regard to the import, export and
      to comply with European Parliament and Council Direc-                         transit of so-called ‘non-indigenous’ species covered
      tive 98/8/EC of 16 February 1998 concerning the placing                       by Directive 79/409/EEC, where they are one of the
      of biocidal products on the market (1), or in any event by                    transactions governed by those provisions of the
      failing to communicate them to the Commission, Ireland                        directive, namely the: keeping of birds and eggs, and
      has failed to fulfil its obligations under that Directive;                    the sale, transport for sale, keeping for sale and the
                                                                                    offering for sale of live or dead birds and of any
—     order Ireland to pay the costs.                                               readily recognisable parts or derivatives of such
                                                                                    birds, or, if those measures had been adopted, by
                                                                                    virtue of its failure to communicate them to the
                                                                                    Commission,
Pleas in law and main arguments
                                                                              —     the Kingdom of Belgium has failed to fulfil its
Article 249 EC under which a directive shall be binding as to                       obligations under Council Directive 79/409/EEC of
the result to be achieved, upon each Member State, carries by                       2 April 1979 on the conservation of wild birds, and
implication an obligation on the Member States to observe the                       in particular Articles 5(c) and (e) and 6(1) thereof,
period for compliance laid down in the directive. That period                       inasmuch as those provisions have not been adopted
expired on 14 May 2000 without Ireland having enacted the                           by the competent Belgian authorities, or its obli-
provisions necessary to comply with the directive referred to                       gations under Article 18, inasmuch as those pro-
in the conclusions of the Commission.                                               visions, even if adopted, have not been communi-
                                                                                    cated to the Commission by the competent Belgian
                                                                                    authorities;
(1) OJ L 123, 24.4.1998, p. 1-63.
                                                                         —    order the Kingdom of Belgium to pay the costs