CELEX: C2000/355/35
Language: en
Date: 2000-12-09 00:00:00
Title: Case C-403/00: Action brought on 6 November 2000 by the Commission of the European Communities against the French Republic

9.12.2000              EN                    Official Journal of the European Communities                                         C 355/17
Action brought on 25 October 2000 by the Commission                     The Commission claims that the Court should:
        of the European Communities against Ireland
                                                                        1.    declare that, by failing to adopt the laws, regulations
                         (Case C-394/00)                                      and administrative provisions needed to comply with
                                                                              Commission Directive 98/68/EC (1) of 10 September
                        (2000/C 355/33)                                       1998 laying down the standard document referred to in
                                                                              Article 9(1) of Council Directive 95/53/EC and certain
                                                                              rules for checks at the introduction into the Community
An action against Ireland was brought before the Court of                     of feedingstuffs from third countries, the Hellenic Repub-
Justice of the European Communities on 25 October 2000 by                     lic has failed to fulfil its obligations under the Treaty and
the Commission of the European Communities, represented                       that directive;
by Mr Götz zur Hausen, Legal Adviser, acting as agent, with
an address for service at the office of Carlos Gómez de la Cruz,
                                                                        2.    order the Hellenic Republic to pay the costs.
a member of the Legal Service of the Commission, Wagner
Centre, Kirchberg, Luxembourg.
The Applicant claims that the Court should:                             Pleas in law and main arguments
—     declare that by failing to adopt the laws, regulations            In accordance with the third paragraph of Article 249 of the
      or administrative provisions necessary to comply with             Treaty establishing the European Community, directives are
      Council Directive 96/82/EC of 9 December 1996 on the              binding, as to the result to be achieved, upon each Member
      control of major accident hazards involving dangerous             State to which they are addressed.
      substances (1), or in any event by failing to inform the
      Commission of those measures, Ireland has failed to fulfil
      its obligations under that Directive.                             Under the first paragraph of Article 10 of the Treaty, Member
                                                                        States are to take all appropriate measures, whether general or
—     order Ireland to pay the costs.                                   particular, to ensure fulfilment of the obligations arising out
                                                                        of the Treaty or resulting from action taken by the institutions
                                                                        of the Community.
Pleas in law and main arguments
                                                                        It is not disputed by the Hellenic Republic that it must adopt
Article 249 EC (ex Article 189 of the EC Treaty) under which            measures to comply with the abovementioned directive.
a directive shall be binding as to the result to be achieved,
upon each Member State, carries by implication an obligation
on the Member States to observe the period for compliance               The Commission records that until now the Hellenic Republic
laid down in the directive. That period expired on 3 February           has not adopted the appropriate measures to incorporate that
1999 without Ireland having enacted the provisions necessary            directive fully into Greek law.
to comply with the directive referred to in the conclusions of
the Commission.
                                                                        (1) OJ L 261, 24.9.1998, p. 32.
(1) OJ L 10, 14.1.1997, p. 13.
Action brought on 26 October 2000 by the Commission                     Action brought on 6 November 2000 by the Commission
of the European Communities against the Hellenic Repub-                 of the European Communities against the French Republic
                                lic
                                                                                                  (Case C-403/00)
                         (Case C-397/00)
                        (2000/C 355/34)                                                           (2000/C 355/35)
An action against the Hellenic Republic was brought before              An action against the French Republic was brought before the
the Court of Justice of the European Communities on 26 Octo-            Court of Justice of the European Communities on 6 November
ber 2000 by the Commission of the European Communities,                 2000 by the Commission of the European Communities,
represented by Maria Kondou-Durande, of its Legal Service,              represented by G. Berscheid, Legal Adviser, and A. Bordes, of
with an address for service in Luxembourg at the office of              its Legal Service, acting as Agents, with an address for service
Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre,          in Luxembourg at the office of Carlos Gómez de la Cruz, of its
Kirchberg.                                                              Legal Service, Wagner Centre, Kirchberg.
 ---pagebreak--- C 355/18                 EN                   Official Journal of the European Communities                                      9.12.2000
The applicant claims that the Court should:                              The applicant claims that the Court should:
                                                                         —     Declare that, by failing to adopt plans for managing
—     Declare that, by failing to adopt and bring into force                   waste, including hazardous waste and packaging waste,
      within the prescribed period the laws, regulations or                    or, in the alternative, by failing to communicate any
      administrative provisions necessary to comply with Com-                  such plans to the Commission, the Grand Duchy of
      mission Directive 97/8/EC amending Council Directive                     Luxembourg has failed to fulfil its obligations under
      74/63/EEC of 17 December 1973 on the fixing of                           Articles 7, 6 and 14 of Council Directive 75/442/EEC on
      maximum permitted levels for undesirable substances                      waste (1), as amended by Directives 91/156/EEC (2), and
      and products in feedingstuffs (1), the French Republic has               Council Directive 91/689/EEC (3) on hazardous waste,
      failed to fulfil its obligations under Article 2 of Directive            and European Parliament and Council Directive 94/62/EC
      97/8/EC.                                                                 of 20 December 1994 on packaging and packaging
                                                                               waste (4); and
—     Order the French Republic to pay the costs.
                                                                         —     Order the Grand Duchy of Luxembourg to pay the costs.
                                                                         Pleas in law and main arguments
Pleas in law and main arguments
                                                                         Under Article 249 of the EC Treaty, according to which a
Under Article 249 of the EC Treaty, according to which a                 directive is to be binding, as to the result to be achieved, upon
directive is to be binding, as to the result to be achieved, upon        each Member State to which it is addressed, Member States are
each Member State to which it is addressed, Member States are            required to observe the time-limits laid down in directives for
required to observe the time-limits laid down in directives for          their transposition. That time-limit expired without the Grand
their transposition. That time-limit expired on 30 June 1998             Duchy of Luxembourg having brought into force the necessary
without the French Republic having brought into force the                provisions in order to comply with the directive referred to in
necessary provisions in order to comply with the directive               the Commission’s application.
referred to in the Commission’s application.
                                                                         ( 1) OJ 1975 L 194, p. 39.
                                                                         ( 2) OJ 1991 L 778, p. 32.
                                                                         ( 3) OJ 1991 L 377, p. 20.
(1) OJ 1997 L 48, p. 30.                                                 ( 4) OJ 1994 L 365, p. 10.
Action brought on 3 November 2000 by the Commission
of the European Communities against the Grand Duchy                              Removal from the register of Case C-271/98 (1)
                           of Luxembourg
                                                                                                  (2000/C 355/37)
                           (Case C-401/00)
                                                                         By order of 12 July 2000 the President of the Court of Justice
                                                                         of the European Communities has ordered the removal from
                           (2000/C 355/36)                               the register of Case C-271/98 (reference for a preliminary
                                                                         ruling from Juzgado de Primera Instancia (Court of First
                                                                         Instance) No 35 Barcelona): Salvat Editores SA v José Antonio
An action against the Grand Duchy of Luxembourg was                      Serrano Garrido.
brought before the Court of Justice of the European Communi-
ties on 3 November 2000 by the Commission of the European
Communities, represented by Roland Tricot, of its Legal                  (1) OJ C 278 of 5.9.1998.
Service, acting as Agent, with an address for service in
Luxembourg at the office of Carlos Gómez de la Cruz, of its
Legal Service, Wagner Centre, Kirchberg