CELEX: C1998/327/04
Language: en
Date: 1998-10-24 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 15 September 1998 in Case C-431/97: Commission of the European Communities v Ireland (Failure to fulfil obligations - Council Directive 94/57/EC - Failure to transpose)

24.10.98             EN                 Official Journal of the European Communities                                      C 327/3
    at that date, the directive concerned had not yet been              survey organisations and for the relevant activities of
    properly transposed into national law.                              maritime administrations, Ireland has failed to fulfil its
                                                                        obligations under Article 16(1) thereof;
2. Community law does not preclude, in the event of the
    repayment of charges levied in breach thereof,                 2. Orders Ireland to pay the costs.
    payment of interest calculated by methods less
    favourable than those applicable under the ordinary
    rules governing actions for the recovery of sums paid          (1) OJ C 55, 20.2.1998.
    but not due between private individuals, provided that
    those methods apply in the same way to such actions
    brought under Community law as to those brought
    under national law.
(1) OJ C 318, 26.10.1996.
                                                                                  JUDGMENT OF THE COURT
                                                                                          (Sixth Chamber)
                                                                                       of 17 September 1998
                                                                   in    Case   C-323/96: Commission of the European
              JUDGMENT OF THE COURT                                           Communities v Kingdom of Belgium (1)
                       (Fifth Chamber)                             (Failure by a Member State to fulfil obligations Ð Public
                                                                   works contracts Ð Directives 89/440/EEC and 93/37/
                    of 15 September 1998                           EEC Ð Failure to publish a contract notice Ð Application
                                                                           of negotiated procedure without justification)
in   Case   C-431/97: Commission of the            European
                  Communities v Ireland (1)                                                (98/C 327/05)
(Failure to fulfil obligations Ð Council Directive 94/57/
                 EC Ð Failure to transpose)
                                                                                   (Language of the case: Dutch)
                        (98/C 327/04)
               (Language of the case: English)
                                                                     (Provisional translation; the definitive translation will be
                                                                             published in the European Court Reports)
In Case C-431/97: Commission of the European
Communities (Agent: Berend Jan Drijber) v Ireland
(Agent: Michael A. Buckley) Ð application for a                    In Case C-323/96: Commission of the European
declaration that, by failing to adopt the laws, regulations        Communities (Agent: Hendrik van Lier) v Kingdom of
or administrative provisions necessary to comply with              Belgium (Agent: Michel FlameÂe) Ð application for a
Council Directive 94/57/EC of 22 November 1994 on                  declaration that, by failing to publish a contract notice in
common rules and standards for ship inspection and                 the Official Journal of the European Communities both
survey organisations and for the relevant activities of            for the overall project and for each of the lots relating to
maritime administrations (OJ L 319, 12.12.1994, p. 20),            the construction of the premises of the Vlaamse Raad, and
Ireland has failed to fulfil its obligations under that            by failing to apply the award procedures laid down in
directive and the EC Treaty Ð the Court (Fifth Chamber),           Council Directive 89/440/EEC of 18 July 1989, amending
composed of: C. Gulmann, President of the Chamber,                 Directive 71/305/EEC concerning coordination of
M. Wathelet (Rapporteur), J. C. Moitinho de Almeida,               procedures for the award of public works contracts (OJ
D. A. O. Edward and J.-P. Puissochet, Judges; F. G.                L 210, 21.7.1989, p. 1), and in Council Directive 93/37/
Jacobs, Advocate General; R. Grass, Registrar, has given a         EEC of 14 June 1993 concerning the coordination of
judgment on 15 September 1998, in which it:                        procedures for the award of public works contracts (OJ
                                                                   L 199, 9.8.1993, p. 54) and, more specifically, by having
                                                                   awarded Lot No 4 by negotiated procedure without
                                                                   justification, the Kingdom of Belgium has failed to fulfil
1. Declares that, by failing to adopt, within the                  its obligations under those directives and, more
    prescribed time-limit, the laws, regulations or                specifically, Articles 7 and 11 of Directive 93/37/EEC Ð
    administrative provisions necessary to comply with             the Court (Sixth Chamber), composed of: H. Ragnemalm,
    Council Directive 94/57/EC of 22 November 1994 on              President of the Chamber, G. F. Mancini, P. J. G. Kapteyn,
    common rules and standards for ship inspection and             J. L. Murray and K. M. Ioannou (Rapporteur), Judges;