CELEX: C1996/269/45
Language: en
Date: 1996-09-14 00:00:00
Title: Removal from the register of Case C-327/95

14 . 9 . 96             EN                 Official Journal of the European Communities                                No C 269/21
     with Community law, even though neither company A,               measures necessary to transpose directives addressed to
     company B or company C is itself seeking to exercise any         them into their domestic law before the expiry of the period
     rights under Community law, and even if an                       prescribed for doing so . That period expired on 30 June
     interpretation of national legislation which would               1994 without the Kingdom of Belgium having brought into
     comply with Community law would have the effect of               force the necessary measures .
     giving relief where the business of company C consisted
     mainly in the holding of shares in subsidiaries                  (') OJ No L 250 , 7. 10 . 1993 , p . 33 .
     established outside the EC/EEA ? Or does Article 5 have
                                                                      ( 2 ) OJ No L 157, 10 . 6 . 1992 , p . 10 .
     the consequence only that the national legislation,              (>) OJ No L 256 , 14 . 10 . 1993 , p . 25
     despite its interpretation, takes effect subject to the
     requirements of Community law in a case where these
     requirements are in point ?
                                                                      Action brought on 5 August 1996 by the French Republic
                                                                                     against the European Parliament
Action brought on 31 July 1996 by the Commission of the                                        ( Case C-267/96 )
 European Communities against the Kingdom of Belgium
                                                                                                  ( 96/C 269/44 )
                          Case C-265 /96 )
                           ( 96/C 269/43 )
                                                                      An action against the European Parliament was brought
                                                                       before the Court of Justice of the European Communities on
An action against the Kingdom of Belgium was brought                   5 August 1 996 by the French Republic, represented by Marc
before the Court of Justice of the European Communities on            Perrin de Brichambaut, Director of Legal Affairs at the
31 July 1996 by the Commission of the European                         Ministry of Foreign Affairs , and Denys Wibaux, Secretary
Communities, represented by A. X. Lewis, acting as Agent,              for Foreign Affairs at the same ministry, acting as Agents,
with an address for service in Luxembourg at the office of C.          with an address for service in Luxembourg at the French
Gomez de la Cruz, of its Legal Service, Wagner Centre,                 Embassy, 9 boulevard du Prince Henri .
Kirchberg.
The applicant claims that the Court should :                           The applicant claims that the Court should :
1 . declare that, by failing to bring into force the laws,             — declare null and void the decision of the European
      regulations or administrative provisions necessary to                 Parliament of 17 July 1 996 ,
      comply with :
                                                                       — order the defendant to pay the costs .
      ( a ) Commission Directive 93/64/EEC ( 1 ) of 5 July 1 993
            setting out the implementing measures concerning
            the supervision and monitoring of suppliers and            Pleas in law and main arguments adduced in support:
            establishments pursuant to Council Directive
            92/34/EEC ( 2 ) on the marketing of fruit plant            The pleas in law and main arguments are similar to those in
            propagating material and fruit plants intended for          Case C-345/95 of 6 November 1995 ( M.
            fruit production and/or by not notifying the
            Commission thereof;                                         (') OJ No C 351 , 30 . 12 . 1995 , p . 7 .
      ( b ) Commission         Directive    93/79/EEC ( 3 )      of
            21 September 1993 setting out additional
            implementing provisions for lists of varieties of fruit
            plant propagating material and fruit plants, as kept
            by suppliers under Council Directive 92/34/EEC,
                                                                              Removal from the register of Case C-327/95 (')
      the Kingdom of Belgium has failed to fulfil its
      obligations under Article 6 of Directive 93/64/EEC and                                       ( 96/C 269/45 )
      Article 3 of Directive 93/79/EEC and under the EC
      Treaty;                                                           By order of 3 May 1996 , the President of the Court of Justice
                                                                        of the European Communities ordered the removal from the
 2 . order the Kingdom of Belgium to pay the costs .                    register of Case C-327/95 : Commission of the European
                                                                        Communities v. Italian Republic .
 Pleas in law and main arguments adduced in support:
                                                                        (') OJ No C 333 , 9 . 12 . 1995 .
 The mandatory nature of the provisions of the third
 paragraph of Article 189 and the first paragraph of Article 5
 of the EC Treaty requires Member States to adopt the