CELEX: C1999/086/24
Language: en
Date: 1999-03-27 00:00:00
Title: Action brought on 5 February 1999 by the Commission of the European Communities against Ireland (Case C-30/99)

C 86/12               EN                Official Journal of the European Communities                                 27.3.1999
to adopt the measures necessary to transpose directives            by the Commission of the European Communities,
addressed to them into their domestic law before the               represented by Mr Richard B. Wainwright, Principal Legal
expiry of the period prescribed for so doing. That period,         Adviser, and Mr Michael Shotter, a national official
which is laid down in Article 2(1) of Directive 95/30/EC,          seconded to the Commission under an arrangement for the
expired on 30 November 1996 without the Grand Duchy                exchange of officials, acting as agents, with an address for
of Luxembourg having brought into force the necessary              service in Luxembourg at the Office of Carlos Gómez de la
provisions.                                                        Cruz, a member of the Legal Service of the Commission,
                                                                   Centre Wagner, Kirchberg.
(1) OJ L 155, 6.7.1995, p. 41.
                                                                   The applicant claims that the Court should:
                                                                   Ð declare that:
Action brought on 5 February 1999 by the Kingdom of
     Spain against the Council of the European Union                   1. by prohibiting the marketing in Ireland, with the
                                                                           description and indication of fineness which they
                        (Case C-27/99)                                     bear in their country of origin, of articles made
                        (1999/C 86/23)                                     from precious metals (gold, silver or platinum)
                                                                           lawfully manufactured and marketed in other
                                                                           Member States but not complying with the Irish
                                                                           provisions concerning standards of fineness, or by
An action against the Council of the European Union was                    obliging these imports to replace their hallmarks
brought before the Court of Justice of the European                        with those for the appropriate lower official Irish
Communities on 5 February 1999 by the Kingdom of                           standard of fineness;
Spain, represented by Rosario Silva de Lapuerta, with an
address for service in Luxembourg at the Spanish
Embassy, 4-6 Boulevard Emmanuel Servais.                               2. by requiring articles made from precious metals
                                                                           (gold, silver or platinum) imported from another
                                                                           Member State, and marketed in Ireland, to bear a
The applicant claims that the Court should:                                sponsor's mark indicative of the maker, worker or
                                                                           dealer in such articles, registered by the Company
                                                                           which appoints the Assay Master by which these
Ð annul the element concerning anchovy in Annex I to                       articles are intended to be struck with the
    Council Regulation (EC) No 48/99 (1) of 18 December                    approved hallmark, when these articles already
    1998 fixing, for certain fish stocks and groups of fish                bear a sponsor's mark conforming to the
    stocks, the total allowable catches for 1999 and                       legislation of the Member State of origin;
    certain conditions under which they may be fished;
                                                                       3. by requiring articles made from precious metals
Ð order the defendant institution to pay the costs.                        (gold, silver or platinum) imported from another
                                                                           Member State, and marketed in Ireland, which
                                                                           have been lawfully struck in another Member State
The pleas in law and main arguments are analogous to                       with a hallmark stamped by a body which offers
those in Case C-179/95 (2).                                                guarantees of independence, and which offers
                                                                           appropriate information to consumers, to bear an
                                                                           approved hallmark struck by the Assay Master
(1) OJ L 13, 18.1.1999, p. 1.                                              which is appointed by the Wardens and
(2) OJ C 208, 12.8.1995, p. 10.                                            Commonalty of Goldsmiths of the city of Dublin;
                                                                       4. by establishing differences between approved
                                                                           hallmarks struck on articles manufactured in
                                                                           Ireland and those hallmarks of the same type
                                                                           struck on articles imported from other Member
Action brought on 5 February 1999 by the Commission of                     States,
         the European Communities against Ireland
                        (Case C-30/99)
                                                                       Ireland has failed to fulfil its obligation under
                        (1999/C 86/24)                                 Article 30 of the Treaty establishing the European
                                                                       Community;
An action against Ireland was brought before the Court of
Justice of the European Communities on 5 February 1999             Ð order Ireland to pay the costs.
 ---pagebreak--- 27.3.1999              EN                Official Journal of the European Communities                                   C 86/13
Pleas in law and main arguments adduced in support:                      administrative provisions necessary to comply with
                                                                         Commission Directive 96/28/EC of 10 May 1996
                                                                         adapting to technical progress Council Directive
The Commission submits that, as far as it is aware,                      76/116/EEC on the approximation of the laws of the
Ireland continues in its infringement of Article 30 of the               Member States relating to fertilizers (1), the French
EC Treaty by:                                                            Republic has failed to fulfil its obligations under EC
                                                                         Treaty; and
Ð failing to adopt regulations amending the present
    standards of fineness regulations so as to recognise            2. Order the French Republic to pay the costs.
    those standards of fineness included in the proposed
    directive on the approximation of laws, regulations
    and administrative provisions of the Member States
    relating to articles of precious metal;                         The pleas in law and main arguments are analogous to
                                                                    those put forward in Case C-26/1999 (2); the period laid
                                                                    down in the directive expired on 31 May 1997.
Ð failing to adopt a proposed amendment to Section 9 of
    the Hallmarking Act 1981 so as to accept articles
                                                                    (1) OJ L 140, 13.6.1996, p. 30.
    struck with the sponsor's mark of another Member
                                                                    (2) See page 11 of this Official Journal.
    State where the legislation of that Member State
    authorises the marketing of the article and upon proof
    supplied by the Member State that the sponsor's mark
    is, in fact, registered in that Member State;
Ð failing to amend Section 2 of the Hallmarking Act
    1981 so as to permit the recognition of hallmarks               Action brought on 5 February 1999 by the Commission of
    struck in other Member States;                                  the European Communities against the Grand Duchy of
                                                                                               Luxembourg
Ð maintaining differences between approved hallmarks                                         (Case C-32/99)
    struck or articles manufactured in Ireland and those                                     (1999/C 86/26)
    hallmarks of the same type struck on imported
    articles.
                                                                    An action against the Grand Duchy of Luxembourg was
                                                                    brought before the Court of Justice of the European
                                                                    Communities on 5 February 1999 by the Commission of
                                                                    the European Communities, represented by Richard B.
                                                                    Wainwright, Principal Legal Adviser, and Olivier
Action brought on 5 February 1999 by the Commission of              Couvert-CasteÂra, a national civil servant on secondment to
  the European Communities against the French Republic              its Legal Service, acting as Agents, with an address for
                                                                    service in Luxembourg at the Office of Carlos Gómez de
                         (Case C-31/99)
                                                                    la Cruz, Wagner Centre, Kirchberg.
                         (1999/C 86/25)
                                                                    The Commission of the European Communities claims
An action against the French Republic was brought before            that the Court should:
the Court of Justice of the European Communities on
5 February 1999 by the Commission of the European
Communities, represented by Richard B. Wainwright,
Principal Legal Adviser, and Olivier Couvert-CasteÂra, a            1. Declare that, by failing to adopt and bring into force
national civil servant on secondment to its Legal Service,               within the prescribed period the laws, regulations and
acting as Agents, with an address for service in                         administrative provisions necessary to comply with
Luxembourg at the Office of Carlos Gómez de la Cruz,                     Commission Directive 96/28/EC of 10 May 1996
Wagner Centre, Kirchberg.                                                adapting to technical progress Council Directive
                                                                         76/116/EEC on the approximation of the laws of the
                                                                         Member States relating to fertilizers (1), the Grand
                                                                         Duchy of Luxembourg has failed to fulfil its
The Commission of the European Communities claims
                                                                         obligations under EC Treaty; and
that the Court should:
1. Declare that, by failing to adopt and bring into force           2. Order the Grand Duchy of Luxembourg to pay the
    within the prescribed period the laws, regulations and               costs.