CELEX: C1996/269/31
Language: en
Date: 1996-09-14 00:00:00
Title: Action brought on 12 July 1996 by the Commission of the European Communities against the Kingdom of Belgium (Case C-243/96)

14 . 9 . 96           EN                    Official Journal of the European Communities                                 No C 269/ 15
pilot studies or preparatory action because it amounted to             Action brought on 12 July 1996 by the Commission of the
the initiation of substantive action, and exceeded the powers           European Communities against the Kingdom of Belgium
of initiative of the Commission . The invitation was also
                                                                                                  Case C-243/96 )
unsupported by adequate reasoning.
                                                                                                   ( 96/C 269/31 )
It follows that the decision to seek applications for grants
                                                                       An action against the Kingdom of Belgium was brought
comprised in or referred to by implication in the                      before the Court of Justice of the European Communities on
Commission 's memorandum should be annulled for lack of
                                                                       12 July 1996 by the Commission of the European
competence, infringement of an essential procedural
                                                                       Communities, represented by Xavier Lewis, acting as Agent,
requirement, and infringement of the Treaty .
                                                                       with an address for service in Luxembourg at the office of C.
                                                                       Gomez de la Cruz, Wagner Centre .
                                                                       The Commission of the European Communities claims that
                                                                       the Court should :
                                                                       — declare that, by failing to bring into force within the
Action brought on 11 July 1996 by the Commission of the                      prescribed period the laws, regulations and
   European Communities against the Hellenic Republic                        administrative provisions necessary to comply with
                                                                             Commission Directive 93/62/EEC (') of 5 July 1993
                         ( Case C-241 /96 )                                  setting out the implementing measures concerning
                           ( 96/C 269/30 )                                   the supervision and monitoring of suppliers and
                                                                             establishments pursuant to Council Directive
                                                                             92/33/EEC ( 2 )    on     the    marketing of  vegetable
An action against the Hellenic Republic was brought before                   propagating and planting material other than seed
the Court of Justice of the European Communities on                          and/or failing to communicate them to the Commission ,
11 July 1996 by the Commission of the European                               the Kingdom of Belgium has failed to fulfil its
Communities, represented by Maria Kontou-Durande , of                        obligations under Article 6 of the abovementioned
its Legal Service, with an address for service in Luxembourg                 Directive and also under the EC Treaty,
at the office of Carlos Gomez de la Cruz, of its Legal Service,
Wagner Centre, Kirchberg.                                              — order the Kingdom of Belgium to pay the costs .
                                                                       Pleas in law and main arguments adduced in support:
The applicant claims that the Court should :
                                                                       The pleas in law and main arguments are similar to those put
— declare that, by failing to adopt and bring into force               forward in Case C-236/96 ( 3 ); the time limit set by the
     within the prescribed period the laws, regulations or             Directive expired on 30 June 1994 .
     administrative provisions necessary to comply with
     Council Directive 92/66/EEC of 14 July 1992                       (') OJ No L 250, 7. 10 . 1993 , p . 29 .
     introducing Community measures for the control of                 ( 2 ) OJ No L 157, 10 . 6 . 1992 , p . 1 .
     Newcastle disease ( 1 ), or notify the Commission thereof,        ( 3 ) See page 11 of this Official Journal .
     the Hellenic Republic has failed to fulfil its obligations
     under the Treaty and that Directive,
— order the Hellenic Republic to pay the costs .
                                                                       Action brought on 12 July 1996 by the Commission of the
Pleas in law and main arguments adduced in support:                      European Communities against the Kingdom of Belgium
                                                                                                 ( Case C-244/96 )
The mandatory nature of the provisions of the third                                                ( 96/C 269/32 )
paragraph of Article 189 and the first paragraph of Article 5
of the EC Treaty requires Member States to adopt the                   An action against the Kingdom of Belgium was brought
measures necessary to transpose directives addressed to                before the Court of Justice of the European Communities on
them into their domestic law before the expiry of the period
                                                                        12 July 1996 by the Commission of the European
prescribed for doing so and forthwith to inform the                    Communities, represented by Xavier Lewis , acting as Agent,
Commission thereof. The Hellenic Republic has not notified             with an address for service in Luxembourg at the office of C.
the Commission of any laws, regulations or administrative              Gomez de la Cruz, Wagner Centre .
provisions necessary to bring domestic law into line with the
Directive .
                                                                       The Commission of the European Communities claims that
                                                                       the Court should :
(') OJ No L 260 , 5 . 9 . 1992 , p . 1 .
                                                                       — declare that, by failing to bring into force within the
                                                                             prescribed period the laws, regulations and
                                                                             administrative provisions necessary to comply with :