CELEX: C1999/299/23
Language: en
Date: 1999-10-16 00:00:00
Title: Case C-319/99: Action brought on 26 August 1999 by the Commission of the European Communities against the French Republic

16.10.1999             EN                   Official Journal of the European Communities                                       C 299/19
2. Infringement of Directive 76/769/EEC and, in particular,            The applicant claims that the Court should:
     of Directive 91/338/EEC: in that it provides, in relation to
     Austria and Sweden, for the power to prohibit the use of
     cadmium otherwise than as provided for in Annex I to              1. Declare that, by failing to adopt within the specified
     Directive 91/338/EEC, Directive 1999/51/EC is based on                 period the measures necessary to comply with Directive
     an incorrect interpretation of Directive 76/769/EEC, as                96/43/EC (1) the Federal Republic of Germany has failed to
     adapted by Directive 91/388/EEC. Directive 76/769/EEC is               fulfil its obligations under the EC Treaty and that directive;
     exclusively concerned with the uses to which cadmium
     may be put as expressly provided for in Annex I thereto.          2. Order the defendant to pay the costs of the proceedings.
     National restrictions on the uses to which cadmium may
     be put which are not provided for in Annex I to Directive
     76/769/EEC are permitted in so far as those restrictions
     are compatible with the EC Treaty, in particular Articles 28      Pleas in law and main arguments
     to 30 thereof.
3. Breach of the principle of legal certainty: Directive               In view of the binding nature of the provisions in Article 249
     1999/51/EC, taken as a whole refers only to the rules             EC, third paragraph, and Article 10 EC, first paragraph,
     applying in Austria and Sweden. Since the Austrian and            Member States are required to implement in their national law
     Swedish rules provide for restrictions on uses of cadmium         a directive addressed to them in such a way that it becomes
     which are not covered by Directive 76/769/EEC, there is a         fully effective when the period set for its implementation
     lack of clarity as to the scope of application of Directive       expires. That period, laid down in Article 4(1) and (2) of the
     76/769/EEC.                                                       Directive, expired on 1 July 1996/1 July 1997, without all
                                                                       the Federal Länder having hitherto adopted the necessary
4. Breach of the requirement to provide a statement of                 provisions.
     reasons: first of all, no reasons are given for the Com-
     mission’s view that the special position of Austria and
     Sweden with regard to the use of cadmium involves an
                                                                       (1) OJ 1996 L 162 of 1.7.1996, p. 1.
     adaptation to technical progress within the meaning of
     Article 2a of Directive 76/769/EEC. Nor are any reasons
     given as to which uses of cadmium are covered by the
     contested derogation. Moreover, no reasons are given as
     to why point 3 in the Annex to Directive 1999/51/EC
     purports to be based on technical progress and the
     existence of less dangerous substitutes. In addition, there
     should have been a statement of the reasons for which the
     Commission has expressly permitted Austria and Sweden,
     but not other Member States such as the Netherlands, to
     apply more rigorous restrictions.                                 Action brought on 26 August 1999 by the Commission
                                                                       of the European Communities against the French Republic
(1) OJ 1999 L 142, p. 22.
(2) OJ 1976 L 262, p. 201.                                                                        (Case C-319/99)
(3) OJ 1991 L 186, p. 59.
                                                                                                  (1999/C 299/23)
                                                                       An action against the French Republic was brought before the
                                                                       Court of Justice of the European Communities on 26 August
                                                                       1999 by the Commission of the European Communities,
                                                                       represented by Michel Nolin, of its Legal Service, acting as
Action brought on 24 August 1999 by the Commission                     Agent, with an address for service in Luxembourg at the office
of the European Communities against the Federal Repub-                 of Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.
                          lic of Germany
                                                                       The applicant claims that the Court should:
                         (Case C-316/99)
                                                                       (1) declare that, by failing to communicate within the pre-
                         (1999/C 299/22)                                    scribed time-limit the laws, regulations and administrative
                                                                            measures necessary in order to comply with Council
                                                                            Directive 95/47/EC of 24 October 1995 on the use of
An action against the Federal Republic of Germany was                       standards for the transmission of television signals (1),
brought before the Court of Justice of the European Communi-                alternatively by failing to adopt the measures necessary in
ties on 24 August 1999 by the Commission of the European                    order to comply therewith, the French Republic has failed
Communities, represented by Klaus-Dieter Borchardt, of its                  to fulfil its obligations under that directive;
Legal Service, acting as Agent, with an address for service in
Luxembourg at the office of Carlos Gómez de la Cruz, also of
its Legal Service, Wagner Centre C 254, Kirchberg.                     (2) order the French Republic to pay the costs.
 ---pagebreak--- C 299/20                 EN                    Official Journal of the European Communities                                   16.10.1999
Pleas in law and main arguments                                           Pleas in law and main arguments
The pleas in law and main arguments are similar to those in               The pleas in law and main arguments are similar to those in
Case C-316/99 (2); the time-limit for transposition laid down             Case C-316/99 (2); the time-limit for transposition laid down
by Article 8 of the directive expired on 23 August 1996 but               by Article 17 of the directive expired on 30 June 1998 but
France has not adopted the necessary measures.                            France has not adopted the necessary measures.
                                                                          (1) OJ L 59 of 27.2.1998, p. 1.
(1) Directive 95/47/EC of the European Parliament and of the Council      (2) See page 19 of this Official Journal.
    of 24 October 1995 on the use of standards for the transmission
    of television signals (OJ L 281 of 23.11.1995, p. 51).
(2) See page 19 of this Official Journal.
                                                                          Action brought on 7 September 1999 by the Commission
                                                                          of the European Communities against the French Republic
                                                                                                   (Case C-332/99)
Action brought on 26 August 1999 by the Commission                                                 (1999/C 299/25)
of the European Communities against the French Republic
                                                                          An action against the French Republic was brought before the
                                                                          Court of Justice of the European Communities on 7 September
                           (Case C-320/99)                                1999 by the Commission of the European Communities,
                                                                          represented by Michel Nolin, of its Legal Service, acting as
                           (1999/C 299/24)                                Agent, with an address for service in Luxembourg at the office
                                                                          of Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.
An action against the French Republic was brought before the              The Commission claims that the Court should,
Court of Justice of the European Communities on 26 August
1999 by the Commission of the European Communities,                       1. Declare that, by not communicating or by not adopting
represented by Michel Nolin, of its Legal Service, acting as                   within the prescribed period the laws, regulations and
Agent, with an address for service in Luxembourg at the office                 administrative provisions necessary for it to comply with
of Carlos Gómez de la Cruz, Wagner Centre, Kirchberg.                         Article 1 points 6, 7, 8, 9 and 14 of Council Directive
                                                                               93/35/EEC of 14 June 1993 amending for the sixth time
The applicant claims that the Court should:                                    Directive 76/768/EEC on the approximation of the laws of
                                                                               the Member States relating to cosmetic products (1), the
(1) declare that, by failing to adopt within the prescribed                    French Republic has failed to fulfil its obligations under
     time-limit the laws, regulations and administrative                       the Treaty.
     measures necessary in order to comply with Directive                 2. Order the French Republic to pay the costs.
     97/68/EC of the European Parliament and of the Council
     of 16 December 1997 on the approximation of the laws
     of the Member States relating to measures against the                Pleas in law and main arguments
     emission of gaseous and particulate pollutants from
     internal combustion engines to be installed in non-road              The pleas in law and main arguments are similar to those in
     mobile machinery (1), alternatively by failing in any event          Case C-316/99 (2). The time-limit for implementation laid
     to communicate those measures to the Commission, the                 down by Article 3 of Directive 93/35/EEC expired on 11 June
     French Republic has failed to fulfil its obligations under           1995.
     that directive;
                                                                          (1) OJ L 151 of 23 June 1993, p. 32.
(2) order the French Republic to pay the costs.                           (2) See page 19 of this Official Journal.