CELEX: C1997/054/09
Language: en
Date: 1997-02-22 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 12 December 1996 in Case C-298/95 Commission of the European Communities v. Federal Republic of Germany (Failure by a Member State to fulfil obligations - Failure to transpose Directives 78/659/EEC and 79/923/EEC within the periods prescribed - Quality of fresh waters needing protection or improvement in order to support fish life - Quality required of shellfish waters)

22 . 2 . 97             EN                 Official Journal of the European Communities                                   No C 54/5
Diretti di Rovigo, Consorzio Cooperative Pescatori del                General; D. Louterman-Hubeau, Principal Administrator,
Polesine, Cirillo Brena, represented by Ivone Cacciavillani,          for the Registrar, has given a judgment on 12 December
of the Venice Bar, with an address for service in                     1996 , in which it has ruled :
Luxembourg at the Chambers of Alain Lorang, 51 Rue
Albert ler — appeal against the order of the Court of
First Instance of the European Communities of                         Consideration in the light of the grounds stated in the
21 February 1995 in Case T- 117/94 Associazione                       order for reference of Articles 1 (2) and 2 (2) of
Agricoltori della Provincia di Rovigo and Others v.                   Commission Regulation (EC) No 214/94 of 31 January
Commission [ 1995 ] ECR 11-455, seeking to have that                  1994 laying down detailed rules for the application of
order set aside, the other parties to the proceedings being           Council Regulation (EC) No 130/94 with regard to the
the Commission of the European Communities ( Agent:                   import arrangements for frozen beef falling within
Lucio Gussetti ), Mauro Girello and Greguoldo Daniele —               CN code 0202 and products falling within CN code
the Court ( Sixth Chamber), composed of: G. F. Mancini ,              0206 29 91 has disclosed no factor capable of affecting
President of the Chamber, J. L. Murray, C. N. Kakouris,               their validity.
G. Hirsch and H. Ragnemalm ( Rapporteur ), Judges; D.
Ruiz-Jarabo Colomer, Advocate-General ; R. Grass,                     (') OJ No C 229 , 2 . 9 . 1995 .
Registrar, has given a judgment on 12 December 1996 , in
which it:
1 . dismisses the appeal;
2 . orders the appellants to pay the costs.                                           JUDGMENT OF THE COURT
                                                                                                (Fifth Chamber)
O OJ No C 208 , 12 . 8 . 1995 .                                                             of 12 December 1996
                                                                      in   Case C-298/95 Commission of the European
                                                                            Communities v. Federal Republic of Germany (')
                                                                      (Failure by a Member State to fulfil obligations — Failure
                                                                      to transpose Directives 78/659/EEC and 79/923/EEC
                JUDGMENT OF THE COURT                                 within the periods prescribed — Quality of fresh waters
                          (First Chamber)                             needing protection or improvement in order to support
                                                                             fish life — Quality required of shellfish waters)
                      of 12 December 1996
                                                                                                  ( 97/C 54/09 )
in Case C-241/95 (reference for a preliminary ruling from
the High Court of Justice, Queen's Bench Division ): The
                                                                                       (Language of the case: German)
Queen v. Intervention Board for Agricultural Produce, ex
         parte: Accrington Beef Co. Ltd and Others (')
(Frozen beef — Common import rules — Community                          (Provisional translation; the definitive translation will be
                   tariff quota — Newcomers)                                    published in the European Court Reports)
                            ( 97/C 54/08 )
                                                                      In Case C-298/95 : Commission of the European
                 (Language of the case: English)                      Communities ( Agent: Gotz zur Hausen ) v. Federal
                                                                      Republic of Germany ( Agents: Ernst Roder and Bernd
                                                                      Kloke ) — application for a declaration that, by failing to
  (Provisional translation; the definitive translation will be        adopt within the periods prescribed all the measures
           published in the European Court Reports)                   necessary to comply with Articles 3 and 5 of Council
                                                                      Directive 78/659/EEC of 18 July 1978 on the quality of
In Case C-241 /95 : reference to the Court under Article 177
                                                                      fresh waters needing protection or improvement in order
                                                                      to support fish life ( OJ No L 222, 14 . 8 . 1978 , p. 1 ) and
of the EC Treaty from the High Court of Justice, Queen's              Articles 3 and 5 of Council Directive 79/923/EEC of
Bench Division, for a preliminary ruling in the proceedings            30 October 1979 on the quality required of shellfish
pending before that court between The Queen and the                   waters ( OJ No L 281 , 10 . 11 . 1979, p. 47), the Federal
Intervention Board for Agricultural Produce, ex parte:                 Republic of Germany has failed to fulfil its obligations
Accrington Beef Co. Ltd and Other — on the validity of                under the EC Treaty — the Court ( Fifth Chamber ),
Articles 1 ( 2 ) and 2 ( 2 ) of Commission Regulation ( EC )          composed of: J. C. Moitinho de Almeida ( Rapporteur ),
No 214/94 of 31 January 1994 laying down detailed rules                President of the Chamber, L. Sevon, D. A. O. Edward , J.­
 for the application of Council Regulation ( EC ) No 130/94            P. Puissochet and P. Jann, Judges; F. G. Jacobs, Advocate­
 with regard to the import arrangements for frozen beef                General ; R. Grass, Registrar, has given a judgment on
 falling within CN code 0202 and products falling within               12 December 1996 , in which it:
 CN code 0206 29 91 ( OJ No L 27, 1 . 2 . 1994, p. 46 ) —
 the Court ( First Chamber ), composed of: L. Sevon,
 President of the Chamber, D. A. O. Edward and                         1 . declares that, by failing to adopt within the periods
 M. Wathelet ( Rapporteur ), Judges; P. Leger, Advocate­                   prescribed all the measures necessary to comply with
 ---pagebreak--- No C 54/6             I EN                  Official Journal of the European Communities                                    22 . 2 . 97
    Articles 3 and 5 of Council Directive 78/659/EEC of                    man and the environment of substances notified in
     18 July 1978 on the quality of fresh waters needing                   accordance with Council Directive 67/548/EEC ( OJ
    protection or improvement in order to support fish life                No L 227, 8 . 9 . 1993 , p. 9 ),
    and with Articles 3 and 5 of Council Directive 79/923/
     EEC of 30 October 1979 on the quality required of                 — Commission Directive 93/86/EEC of 4 October 1993
     shellfish waters, the Federal Republic of Germany has
                                                                           adapting to technical progress Council Directive 91 /
    failed to fulfil its obligations under the EC Treaty;
                                                                           157/EEC on batteries and accumulators containing
                                                                           certain dangerous substances ( OJ No L 264, 23 . 10 .
2 . orders the Federal Republic of Germany to pay the                      1993 , p. 51 ), and
     costs .
                                                                       — Commission Directive 93/ 105/EC of 25 November
C ) OJ No C 286 , 28 . 10 . 1995 .                                         1993 laying down Annex VII D , containing
                                                                           information required for the technical dossier referred
                                                                           to in Article 12 of the seventh amendment of Council
                                                                           Directive 67/548/EEC ( OJ No L 294 , 30 . 11 . 1993 ,
                                                                           p. 21 ),
               JUDGMENT OF THE COURT                                   the Kingdom of Belgium has failed to fulfil its obligations
                                                                       under the EC Treaty, — the Court ( Fifth Chamber ),
                          ( Fifth Chamber)
                                                                       composed of: J. C. Moitinho de Almeida , President of the
                       of 12 December 1996                             Chamber, L. Sevon, C. Gulmann ( Rapporteur ), J. -P.
                                                                       Puissochet and P. Jann, Judges; C. O. Lenz, Advocate­
in Joined Cases C-218/96, C-219/96, C-220/96, C-221/96                 General ; R. Grass, Registrar, has given a judgment on
and C-222/96 Commission of the European Communities                    12 December 1996 , in which it rules :
                  v. Kingdom of Belgium (')
(Failure to fulfil obligations — Failure to transpose                  1 . By not adopting within the prescribed time-limits the
Directives 92/32/EEC, 92/69/EEC, 93/67/EEC, 93/86/                         laws, regulations and administrative provisions
                      EEC and 93/105/EEC)                                  necessary to comply with:
                             ( 97/C 54/10 )
                                                                           — Council Directive 92/32/EEC of 30 April 1992
                                                                               amending for the seventh time Directive 67/548/
                (Language of the case: French)                                 EEC on the approximation of the laws,
                                                                               regulations and administrative provisions relating
                                                                               to the classification, packaging and labelling of
  (Provisional translation; the definitive translation will be                 dangerous substances,
          published in the European Court Reports)
                                                                           — Commission Directive 92/69/EEC of 31 July 1992
In Joined Cases C-218/96 , C-219/96 , C-220/96 , C-221 /96                     adapting to technical progress for the seventeenth
and C-222/96 : Commission of the European Communities                          time Council Directive 67/548/EEC,
( Agent : G. zur Hausen, assisted by J. -J. Evrard ), v.
Kingdom of Belgium ( Agents : A.-M . Snyers, Cases C-218/                  — Commission Directive 93/67/EEC of 20 July 1993
96 , C-220/96, C-221 /96 and C-222/96 ; and R. Foucart,                        laying down the principles for assessment of risks
Case C-219/96 ) — application for a declaration that, by                       to man and the environment of substances notified
not adopting or not communicating within the prescribed                        in accordance with Council Directive 67/548/EEC,
time-limits the laws, regulations and administrative
provisions necessary to comply with :                                      — Commission Directive 93/86/EEC of 4 October
                                                                                1993 adapting to technical progress Council
                                                                               Directive      91 /157/EEC     on     batteries      and
— Council Directive 92/32/EEC of 30 April 1992
     amending for the seventh time Directive 67/548/EEC                        accumulators        containing   certain    dangerous
                                                                               substances, and
     on the approximation of the laws, regulations and
     administrative provisions relating to the classification,
     packaging and labelling of dangerous substances ( OJ                  — Commission Directive 93/105/EC of 25 November
     No L 154, 5 . 6 . 1992 , p. 1 ),                                           1993 laying down Annex VII D, containing
                                                                               information required for the technical dossier
                                                                               referred to in Article 12 of the seventh amendment
— Commission Directive 92/69/EEC of 31 July 1992                               of Council Directive 67/548/EEC,
     adapting to technical progress for the 17th time
     Council Directive 67/548/EEC ( OJ No L 383 , 29 . 12 .
     1992 , p. 113 ),                                                      the Kingdom of Belgium has failed to fulfil its
                                                                           obligations under Article 3 of Directive 92/32, Article 3
                                                                           of Directive 92/69, Article 8 of Directive 93/67,
— Commission Directive 93/67/EEC of 20 July 1993                           Article 7 of Directive 93/86 and Article 2 of Directive
     laying down the principles for assessment of risks to                 93 /105 .