CELEX: C1997/318/10
Language: en
Date: 1997-10-18 00:00:00
Title: Action brought on 13 August 1997 by the Commission of the European Communities against the Italian Republic (Case C-297/97)

C 318/6                     EN                   Official Journal of the European Communities                                        18 . 10 . 97
Action brought on 1 August 1997 by the Commission of                        In the third indent of Article 3 (2 ) of the Council Directive
   the European Communities against the French Republic                     on freedom of access to information on the environment,
                             ( Case C-284/97 )                              does the ground of exclusion for matters which are
                                                                            'the subject of preliminary investigation proceedings'
                                ( 97/C 318/08 )                             encompass proceedings of an administrative authority that
                                                                            end with the issue of an administrative act which, if an
An action against the French Republic was brought before                    action is brought, can become the subject of judicial
the Court of Justice on 1 August 1997 by the Commission                     proceedings ? (')
of the European Communities, represented by Fernando
Castillo de la Torre, of its Legal Service, and O. Couvert-                 (') Council Directive 90/313/EEC ( OJ L 158 , 23 . 6 . 1990 , p . 56 ).
Castera, a national civil servant on secondment to that
service, acting as Agents, with an address for service in
Luxembourg at the office of Carlos Gomez de la Cruz,
Wagner Centre, Kirchberg.
The Commission of the European Communities claims
that the Court should :
                                                                            Action brought on 13 August 1997 by the Commission of
                                                                                the European Communities against the Italian Republic
— declare that, by failing to adopt the laws, regulations
      and administrative provisions necessary to comply                                                Case C-297/97 )
      with Council Directive 93/40/EEC (') of 14 June 1993                                             ( 97/C 318/ 10 )
      amending Directives 81 /851 /EEC ( 2 ) and 81 /852/
      EEC (') on the approximation of the laws of the
      Member States relating to veterinary medicinal
                                                                            An action against the Italian Republic was brought before
      products, the French Republic has failed to fulfil its
                                                                            the Court of Justice of the European Communities on
      obligations under the EC Treaty and that Directive
                                                                            13 August 1997 by the Commission of the European
      ( except as regards Article 1 ( 7)),
                                                                            Communities, represented by Laura Pignataro, of its Legal
— oder the French Republic to pay the costs .                               Service, acting as Agent, with an address for service in
                                                                            Luxembourg at the office of Carlos Gomez de la Cruz,
Pleas in law and main arguments adduced in support:                         Wagner Centre, Rue Alcide de Gasperi .
Identical to those submitted in Case C-282/97 ( 4 ); the
period prescribed in Article 3 of Directive 93/40/EEC                       The applicant claims that the Court should:
expired on 31 December 1994 .
                                                                             1 . declare that, by failing to adopt and/or, in any event,
(')  OJ  L 214, 24 . 8 .   1993 , p . 31 .                                        notify the laws, regulations and administrative
(z ) OJ  L 317, 6 . 11 .   1981 , p . 1 .                                         provisions necessary to comply with Council Directive
(■') OJ  L 317, 6 . 11 .   1981 , p . 16 .
(4 ) OJ   C 295 , 27 . 9 . 1997, p . 20 .
                                                                                  93/65/EEC of 19 July 1993 on the definition and
                                                                                  use of compatible technical specifications for the
                                                                                  procurement of air-traffic-management equipment and
                                                                                  systems ('), the Italian Republic has failed to fulfil its
                                                                                  obligations pursuant to that Directive and the EC
                                                                                  Treaty;
Reference for a preliminary ruling by the Oberverwal­
tungsgericht für das Land Nordrhein-Westfalen by order
                                                                            2 . order the Italian Republic to pay the costs of the
 of that court of 28 July 1997 in the case of Ulrich Gloger
                                                                                   proceedings.
 against Bergamt Kamen, joined party: Vertreter des öffent­
 lichen Interesses beim Oberverwaltungsgericht für das
                       Land Nordrhein-Westfalen                              Pleas in law and main arguments adduced in support:
                              ( Case C-296/97 )
                                 ( 97/C 318/09 )                             Article 189 of the EC Treaty, which provides that a
                                                                             Directive is binding, as to the result to be achieved, upon
 Reference has been made to the Court of Justice of the                      each Member State to which it is addressed, involves an
 European Communities by order of the Twenty-first                           obligation on Member States to comply with the
 Chamber of the Oberverwaltungsgericht für das Land                          transposition periods which Directives lay down . That
 Nordrhein-Westfalen ( Higher Administrative Court for the                   period expired on 20 July 1994 without the Italian
 Land North Rhine-Westphalia ) of 28 July 1997, received                     Republic having adopted the provisions necessary to
 at the Court Registry on 12 August 1997, for a peliminary                   comply with the Directive referred to in the form of order
 ruling in the case of Ulrich Gloger against Bergamt                         sought by the Commission.
 (Mining Office ) Kamen, joined party: Vertreter des öffent­
 lichen Interesses beim Oberverwaltungsgericht für das                       (') OJ L 187, 29 . 7 . 1993 , p . 52 .
 Land Nordrhein-Westfalen ( Representative of the Public
 Interest before the Higher Administrative Court for the
 Land North Rhine-Westphalia ) on the following question :