CELEX: C1996/180/10
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT of 19 March 1996 in Case C-25/94: Commission of the European Communities v. Council of the European Union (FAO - Fishery Agreement - Right to vote - Member States - Community)

22 . 6 . 96               EN                   Official Journal of the European Communities                                 No C 180/5
1 . Declares that, by failing to adopt within the prescribed                   Council Directive 90/385/EEC of 20 June 1990 on the
      period the laws, regulations and administrative                          approximation ofthe laws ofthe Member States relating
      provisions necessary to comply with Commission                           to active implantable medical devices, the Kingdom of
      Directive 93/67/EEC of 20 July 1993 laying down the                      Belgium has failed to fulfil its obligations under
      principles for assessment of risks to man and the                        Article 16 of that Directive.
      environment of substances notified in accordance with
      Council Directive 67/548/EEC, the Italian Republic has
      failed to fulfil its obligations under Article 8 of Directive       2 . Orders the Kingdom of Belgium to pay the costs.
      93/67/EEC.
                                                                          (') OJ No C 229 , 2 . 9 . 1995 .
2 . Orders the Italian Republic to pay the costs.
f 1 ) OJ No C 229 , 2 . 9 . 1995 .
                                                                                        JUDGMENT OF THE COURT
                                                                                                 of 19 March 1996
                 JUDGMENT OF THE COURT
                                                                          in    Case C-25/94 : Commission of the European
                            ( Sixth Chamber)                                   Communities v. Council of the European Union (^
                          of 14 March 1996                                (FAO — Fishery Agreement — Right to vote — Member
in Case        C-239/95 : Commission of the European                                          States — Community)
            Communities v. Kingdom of Belgium ( l )                                                 ( 96/C 180/10 )
 (Failure of a Member State to fulfil its obligations —
 Transposition of Directive 90/385/EEC on the
approximation of the laws of the Member States relating to                                (Language of the case: French)
               active implantable medical devices)
                               ( 96/C 180/09 )
                                                                          (Provisional translation; the definitive translation will be
                                                                                   published in the European Court Reports)
                  (Language of the case: French)
 (Provisional translation; the definitive translation will be             In Case C-25/94 : Commission of the European
           published in the European Court Reports)                       Communities ( Agent: Jorn Sack ) v . Council of the European
                                                                          Union ( Agents : Rudiger Bandilla and Felix van Craeyenest ),
                                                                          supported by United Kingdom of Great Britain and
In Case C-239/95 : Commission of the European                             Northern Ireland ( Agents : John E. Collins and Richard
 Communities ( Agent: Hendrik van Lier ) v. Kingdom of                    Plender QC ) — application for annulment of the decision of
Belgium ( Agent: Jan Devadder ) — application for a                       the Fisheries Council of 22 November 1993 giving the
declaration that, by failing to adopt and, in the alternative,            Member States the right to vote in the United Nations Food
to communicate to the Commission the measures necessary                   and Agriculture Organization for the adoption of the
to transpose Council Directive 90/385/EEC of 20 June 1990                 Agreement to Promote Compliance with International
on the approximation of the laws of the Member States                     Conservation and Management Measures by Fishing
relating to active implantable medical devices ( OJ No L 189,             Vessels on the High Seas — the Court, composed of G. C.
 1990, p . 17 ), the Kingdom of Belgium has failed to fulfil its          Rodriguez Iglesias, President, J. -P. Puissochet and G. Hirsch
obligations under that Directive and in particular Article 16             ( Presidents of Chambers ), G. F. Mancini, F. A. Schockweiler
thereof — the Court ( Sixth Chamber ), composed of C. N.                   ( Rapporteur), J. C. Moitinho de Almeida, P. J. G. Kapteyn,
Kakouris, President of the Chamber, G. Hirsch, G. F.                      C. Gulmann, J. L. Murray, H. Ragnemalm and L. Sevon,
Mancini, F. A. Schockweiler and J. L. Murray ( Rapporteur ),              Judges;      F.    G. Jacobs, Advocate-General;             D.
Judges; Advocate-General, D. Ruiz-Jarabo Colomer;                         Louterman-Hubeau, Principal Administrator, for the
 Registrar, R. Grass, gave a judgment on 14 March 1996, in                Registrar, gave a. judgment on 19 March 1996 , in which
which it :                                                                it :
 1 . Declares that, by failing to adopt the laws, regulations              1 . Annuls the decision of the Fisheries Council of
      and administrative provisions necessary to comply with                   22 November 1 993 giving the Member States the right
 ---pagebreak--- No C 180/6             EN                    Official Journal of the European Communities                                    22 . 6 . 96
     to vote in the United Nations Food and Agriculture                  90/676/EEC of 13 December 1990, must be interpreted as
     Organization for the adoption of the Agreement to                  prohibiting the importation into a Member State of a
     promote compliance with international conservation                 medicinal product covered by that Directive with a view to
     and management measures by fishing vessels on the high             placing it on the market of that State or of administering it
     seas .                                                             there in the absence of prior authorization issued by the
                                                                        competent authority of that Member State.
2.   Orders the Council to bear the costs .
                                                                        (<) OJ No C 370, 24 . 12 . 1994 .
 3 . Orders the United Kingdom to bear its own costs.
 (') OJ No C 90 , 26 . 3 . 1994 .
                                                                                      JUDGMENT OF THE COURT
                                                                                               ( First Chamber )
                                                                                              of 21 March 1996
                                                                        in Case C-335/94 ( reference for a preliminary ruling from
                                                                        the Amtsgericht, Recklinghausen ): Proceedings by Hans
               JUDGMENT OF THE COURT
                                                                        Walter Mrozek and Bernhard Jager against administrative
                          ( First Chamber )                                                          fines ( 1 )
                       of 21 March 1996                                 (Social legislation relating to road transport — Derogation
in Case C-297/94 ( reference for a preliminary ruling made                                    for refuse vehicles)
by the Belgian Counseil d'État): Dominique Bruyère and                                           ( 96/C 180/12 )
                  Others v. Belgian State (')
 ( Veterinary medicinal products — Directives 81/851/EEC
                        and 90/676/EEC)                                                (Language of the case: German)
                            ( 96/C 180/ 11 )
                                                                        (Provisional translation; the definitive translation will be
                                                                                published in the European Court Reports)
                (Language of the case: French)
                                                                        In Case C-335/94 : reference to the Court under Article 177
(Provisional translation; the definitive translation will be            of the EC Treaty from the Amtsgericht ( Local Court),
          published in the European Court Reports)                      Recklinghausen, for a preliminarey ruling in the proceedings
                                                                        against administrative fines brought before that court by
                                                                        Hans Walter Mrozek and Bernhard Jager on the
In Case C-297/94 : reference to the Court under Article 177             interpretation of Article 4 ( 6 ) of Council Regulation ( EEC )
of the EC Treaty by the Belgian Conseil d'État for a                   No 3820/85 of 20 December 1985 on the harmonization of
preliminary ruling in the proceedings pending before that              certain social legislation relating to road transport ( OJ No
court between Dominique Bruyère and Others and the                     L 370, 1985 , p . 1 ) — the Court ( First Chamber ), composed
Belgian State — on the interpretation of Article 4 ( 2 ) of            of D. A. O. Edward ( President of the Chamber), P. Jann
Council Directive 81 /851 /EEC of 28 September 1981 on the              ( Rapporteur ) and L. Sevôn, Judges; P. Léger,
approximation of the laws of the Member States relating to             Advocate-General; H. von Holstein, Deputy Registrar, for
veterinary medicinal products ( OJ No L 317, 1981 , p . 1 ), in        the Registrar, has given a judgment on 21 March 1996 in
its original version and as amended by Council Directive               which it rules :
90/676/EEC of 13 December 1990 ( OJ No L 373 , 1990,
p . 15 ) — the Court ( First Chamber ), composed of D. A. O.
Edward, President of the Chamber, P. Jann and L. Sevôn                  1 . The words 'vehicles used in connection with . . . refuse
( Rapporteur ), Judges ; M. P. Elmer, Advocate-General; L.                  collection and disposal' in Article 4 (6) of Council
Hewlett, Administrator, for the Registrar, has given a                      Regulation (EEC) No 3820/85 of20 December 1985 on
judgment on 21 March 1 996 , the operative part of which is                 the harmonization ofcertain social legislation relating to
as follows :                                                                road transport must be interpreted as covering vehicles
                                                                            used for the collection of waste of all kinds which is not
                                                                            subject to more specific rules and for the transportation
Article 4 of Council Directive 81 /851 /EEC of28 September                  ofsuch waste over short distances, within the context of
198Î on the approximation of the laws of the Member                         a general service in the public interest provided directly
States relating to veterinary medicinal products, in its                    by the public authorities or by private undertakings
original version and as amended by Council Directive                        under their control.