CELEX: C1998/055/11
Language: en
Date: 1998-02-20 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 11 December 1997 in Case C-190/97: Commission of the European Communities v. Kingdom of Belgium (Failure to fulfil obligations - Failure to transpose Directives 93/72/EEC and 93/101/EC)

20.2.98               EN                  Official Journal of the European Communities                                       C 55/7
flora (OJ L 206, 22.7.1992, p. 7), the Federal Republic of           Chamber), composed of: C. Gulmann (Rapporteur),
Germany has failed to fulfil its obligations under the EC            President of the Chamber, J. C. Moitinho de Almeida,
Treaty, Ð the Court (Fifth Chamber) composed of: C.                  D. A. O. Edward, J.-P. Puissochet and L. Sevón, Judges;
Gulmann (Rapporteur) President of the Chamber, M.                    N. Fennelly, Advocate-General; R. Grass, Registrar, has
Wathelet, J. C. Moitinho de Almeida, J.-P. Puissochet and            given a judgment on 11 December 1997, in which it:
L. Sevón, Judges; Advocate-General: N. Fennelly,
Registrar: R. Grass, has given a judgment on 11 December             1. declares that, by failing to adopt within the periods
1997, the operative part of which is as follows:                          prescribed all the laws, regulations and administrative
                                                                          provisions necessary to comply with
1. By failing to adopt within the prescribed period the
                                                                          Ð Commission Directive 93/72/EEC of 1 September
     laws, regulations and administrative provisions
                                                                              1993 adapting to technical progress for the 19th
     necessary to comply with Council Directive 92/43/
                                                                              time Council Directive 67/548/EEC on the
     EEC of 21 May 1992 on the conservation of natural
                                                                              approximation of the laws, regulations and
     habitats and of wild fauna and flora, the Federal
                                                                              administrative      provisions   relating    to    the
     Republic of Germany has failed to fulfil its obligations
                                                                              classification, packaging and labelling of
     under Article 23 of that Directive.
                                                                              dangerous substances, and
2. The Federal Republic of Germany is ordered to pay                      Ð Commission Directive 93/101/EC of 11 November
     the costs.                                                               1993 adapting Directive 67/548/EEC to technical
                                                                              progress for the 20th time,
(1) OJ C 108, 5.4.1997.
                                                                          the Kingdom of Belgium has failed to fulfil its
                                                                          obligations under Article 2(1) of those Directives;
                                                                     2. orders the Kingdom of Belgium to pay the costs.
                                                                     (1) OJ C 199, 28.6.1997.
                JUDGMENT OF THE COURT
                        (Fifth Chamber)
                     of 11 December 1997
in    Case   C-190/97: Commission of the European
           Communities v. Kingdom of Belgium (1)                                     JUDGMENT OF THE COURT
                                                                                              (Sixth Chamber)
(Failure to fulfil obligations Ð Failure to transpose
           Directives 93/72/EEC and 93/101/EC)                                             of 16 December 1997
                          (98/C 55/11)                               in    Case   C-316/96: Commission of the             European
                                                                                   Communities v. Italian Republic (1)
                                                                     (Failure of a Member State to fulfil obligations Ð
                 (Language of the case: French)
                                                                     Directives 93/53/EEC, 93/54/EEC, 93/113/EC and
                                                                     93/114/EC Ð Failure to transpose within the prescribed
                                                                                                   periods)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)                                              (98/C 55/12)
                                                                                      (Language of the case: Italian)
In Case C-190/97: Commission of the European
Communities (Agent: Götz zur Hausen) v. Kingdom of
Belgium (Agent: Jan Devadder) Ð application for a                      (Provisional translation; the definitive translation will be
declaration that, by failing to adopt all the laws,                            published in the European Court Reports)
regulations and administrative provisions necessary to
comply with Commission Directive 93/72/EEC of                        In Case C-316/96: Commission of the European
1 September 1993 adopting to technical progress for the              Communities (Agent: Paolo Ziotti) v. Italian Republic
19th time Council Directive 67/548/EEC on the                        (Agent: Professor Umberto Leanza, assisted by Oscar
approximation of the laws, regulations and administrative            Fiumara) Ð application for a declaration that, by failing
provisions relating to the classification, packaging and             to bring into force within the prescribed periods the laws,
labelling of dangerous substances (OJ L 258, 16.10.1993,             regulations and administrative provisions necessary to
p. 29), and Commission Directive 93/101/EC of                        comply with Council Directive 93/53/EEC of 24 June
11 November 1993 adapting Directive 67/548/EEC to                    1993 introducing minimum Community measures for the
technical progress for the 20th time (OJ L 13, 15.1.1994,            control of certain fish diseases (OJ L 175, 19.7.1993,
p. 1), the Kingdom of Belgium has failed to fulfil its               p. 23), Council Directive 93/54/EEC of 24 June 1993
obligations under those Directives Ð the Court (Fifth                amending Directive 91/67/EEC concerning the animal