CELEX: C2002/131/16
Language: en
Date: 2002-06-01 00:00:00
Title: Case C-115/02: Reference for a preliminary ruling by the Cour de cassation, chambre commerciale, financiere et economique by judgment of that Court of 26 March 2002 in the case of Administration des Douanes et Droits Indirects against Rioglass SA and Transremar SL

1.6.2002              EN                     Official Journal of the European Communities                                           C 131/9
Action brought on 27 March 2002 by the Commission of                    Reference for a preliminary ruling by the Cour de
 the European Communities against the French Republic                   cassation, chambre commerciale, financiere et econo-
                                                                        mique by judgment of that Court of 26 March 2002 in the
                                                                        case of Administration des Douanes et Droits Indirects
                         (Case C-114/02)                                            against Rioglass SA and Transremar SL
                                                                                                 (Case C-115/02)
                        (2002/C 131/15)
                                                                                                 (2002/C 131/16)
An action against the French Republic was brought before the            Reference has been made to the Court of Justice of the
Court of Justice of the European Communities on 27 March                European Communities by judgment of the Cour de cassation,
2002 by the Commission of the European Communities,                     chambre commerciale, financiere et economique (Court of
represented by L. Ström, acting as Agent, with an address for           Cassation, Commercial, Financial and Economic Chamber) of
service in Luxembourg.                                                  26 March 2002, received at the Court Registry on 29 March
                                                                        2002, for a preliminary ruling in the case of Administration
                                                                        des Douanes et Droits Indirects against Rioglass SA and
                                                                        Transremar SL on the following question:
The Commission of the European Communities claims that
the Court should:
                                                                        Must Article 30 of the EC Treaty, (now, after amendment,
                                                                        Article 28 EC) be interpreted as meaning that it precludes
                                                                        the implementation, pursuant to the Code de la Propriété
—     declare that, by failing to adopt all the laws, regulations       Intellectuelle, of procedures for the detention by the customs
      and administrative measures necessary in order to comply          authorities of goods lawfully manufactured in a Member State
      with Directive 98/8/EC of the European Parliament and             of the European Community which are intended, following
      of the Council of 16 February 1998 concerning the                 their transit through French territory, to be placed on the
      placing of biocidal products on the market (1), or at any         market in a non-member country, in the present case Poland?
      rate by failing to communicate the same, the French
      Republic has failed to fulfil its obligations under that
      directive;
—     order the French Republic to pay the costs.
                                                                        Action brought on 3 April 2002 by the Commission of
                                                                        the European Communities against the Hellenic Republic
                                                                                                 (Case C-119/02)
Pleas in law and main arguments
                                                                                                 (2002/C 131/17)
The Commission claims that only a small part of Directive
98/8/EC has been transposed. France has communicated                    An action against the Hellenic Republic was brought before
transposition measures in respect of Article 3(1), (2), (3) and         the Court of Justice of the European Communities on 3 April
(6) and Articles 5, 6, 7 and 9 of the directive. The obligations        2002 by the Commission of the European Communities,
imposed by the directive which required to be transposed but            represented by Gregorio Valero Jordana and Minas Konstantin-
have not been transposed or, at any rate, have not been                 idis, Legal Advisers.
communicated, therefore include transposition measures in
respect of Article 3(4), (5) and (7) and Articles 4, 8, 11, 12, 14,
17, 18, 19, 20, 21, 22, 23, 25 and 26 of the directive. The             The Commission claims that the Court should:
time-limit for transposition expired on 13 May 2000.
                                                                        —     declare that, by not adopting measures to instal a
                                                                              collecting system for urban waste water from the area of
                                                                              Thriasio Pedio and not subjecting urban waste water from
                                                                              that area to more stringent secondary treatment before
(1) OJ L 123 of 24.4.1998, p. 1.
                                                                              its discharge into the ‘sensitive area’ of the Bay of Elefsina,
                                                                              the Hellenic Republic has failed to fulfil its obligations
                                                                              under Articles 3(1) and 5(2) of Council Directive 91/
                                                                              271/EEC (1) concerning urban waste-water treatment, as
                                                                              amended by Commission Directive 98/15/EC (2) of