CELEX: C2001/317/27
Language: en
Date: 2001-11-10 00:00:00
Title: Case C-335/01: Action brought on 7 September 2001 by the Commission of the European Communities against the French Republic

10.11.2001            EN                    Official Journal of the European Communities                                         C 317/15
Reference for a preliminary ruling by the Verwaltungsge-                     intended to facilitate for these operators the right to
richt Frankfurt am Main by order of that court of 17 July                    freedom of establishment in national and international
2001 in the ,case of Glencore Grain Rotterdam B.V.                           transport operations (1), as regards the transportation of
 against Bundesanstalt für Landwirtschaft und Ernährung                      passengers, or at any rate by failing to notify those
                                                                             measures to the Commission, the French Republic has
                                                                             failed to fulfil its obligations under that directive;
                         (Case C-334/01)
                                                                       (2) order the French Republic to pay the costs.
                         (2001/C 317/26)
Reference has been made to the Court of Justice of the
European Communities by order of the Verwaltungsgericht
Frankfurt am Main (Administrative Court, Frankfurt am Main)            Pleas in law and main arguments
of 17 July 2001, received at the Court Registry on 7 September
2001, for a preliminary ruling in the case of Glencore
Grain Rotterdam B.V. v Bundesanstalt für Landwirtschaft und            The pleas in law and main arguments are similar to those
Ernährung on the following question:                                   advanced in Case C-323/01 (2); the time-limit for transposition
                                                                       expired on 1 October 1999.
Should the second indent of the second subparagraph of
Article 8(2) of Commission Regulation (EC) No 2372/95 of
10 October 1995 (1) be interpreted as meaning that                     (1) OJ L 277 of 14.10.1998, p. 17.
Article 47(2) of Commission Regulation (EEC) No 3665/87 of             (2) See page 12 of this Official Journal.
27 November 1987 (2) must be simply applied by analogy, so
that the 12-month time-limit for supplying proof of import-
ation into the ACP State concerned does not begin to run until
the primary obligation imposed by that regulation, namely
importation into the ACP State, is fulfilled?
(1) OJ 1995 L 242, p. 3.
(2) OJ 1987 L 351, p. 1.
                                                                       Action brought on 7 September 2001 by the Commission
                                                                       of the European Communities against the Kingdom of
                                                                                                       Belgium
                                                                                                  (Case C-336/01)
Action brought on 7 September 2001 by the Commission
of the European Communities against the French Republic                                           (2001/C 317/28)
                         (Case C-335/01)
                                                                       An action against the Kingdom of Belgium was brought
                                                                       before the Court of Justice of the European Communities on
                         (2001/C 317/27)                               7 September 2001 by the Commission of the European
                                                                       Communities, represented by M. Wolfcarius, acting as Agent,
                                                                       with an address for service in Luxembourg.
An action against the French Republic was brought before the
Court of Justice of the European Communities on 7 September
2001 by the Commission of the European Communities,
represented by M. Wolfcarius, acting as Agent, with an address         The Commission of the European Communities claims that
for service in Luxembourg.                                             the Court should:
The Commission of the European Communities claims that                 1.    declare that, by failing to adopt ale the laws, regulations
the Court should:                                                            and administrative measures necessary in order to comply
                                                                             with Directive 98/78/EC of the European Parliament and
                                                                             of the Council of 27 October 1998 on the supplementary
(1) declare that, by fading to adopt all the laws, regulations
                                                                             supervision of insurance undertakings in an insurance
      and administrative measures necessary in order to comply
                                                                             group (1), or at any rate by failing to notify those measures
      with Council Directive 98/76/EC of 1 October 1998
                                                                             to the Commission, the Kingdom of Belgium has failed
      amending Directive 96/26/EC on admission to the occu-
                                                                             to fulfil its obligations under that directive;
      pation of road haulage operator and road passenger
      transport operator and mutual recognition of diplomas,
      certificates and other evidence of formal qualifications         2.    order Belgium to pay the costs.