CELEX: C1997/108/37
Language: en
Date: 1997-04-05 00:00:00
Title: Action brought on 25 February 1997 by Bergpracht Milchwerk GmbH & Co. KG and others against the Commission of the European Communities (Case C-82/97)

5 . 4 . 97            EN                     Official Journal of the European Communities                                 No C 108/ 19
approximation of the laws of the Member States relating                 Action brought on 24 February 1997 by the Commission
to cosmetic products (*) preclude a national provision                  of the European Communities against the Federal
which contains prohibitions of statements in connection                                         Republic of Germany
with the marketing of cosmetic products which go beyond                                             ( Case C-83/97)
the restrictions contained in the Directive ?
                                                                                                      ( 97/C 108/38 )
(') OJ No L 262 , 27. 9 . 1976 , p . 169 .
                                                                        An action against the Federal Republic of Germany was
                                                                        brought before the Court of Justice of the European
                                                                        Communities on 24 February 1997 by the Commission of
                                                                        the European Communities, represented by Gotz zur
                                                                        Hausen, of the Legal Service of the Commission of the
Action brought on 25 February 1997 by Societe Anonyme                   European Communities, with an address for service in
des Caves et des Producteurs Reunis de Roquefort                        Luxembourg at the office of Carlos Gomez de la Cruz, of
(Aveyron) and Others against the Commission of the                      the Legal Service of the Commission of the European
                   European Communities                                 Communities, Wagner Centre, C 254, Kirchberg.
                          ( Case C-80/97 )
                                                                        The applicant claims that the Court should:
                            ( 97/C 108/36 )
                                                                        — declare that, by failing to adopt within the period
An action against the Commission of the European                               prescribed all the measures necessary in order to
Communities which had previously been brought before                           comply with Council Directive 92/43/EEC of 21 May
the Court of First Instance was brought before the Court                        1992 on the conservation of natural habitats and of
of Justice of the European Communities on 25 February                          wild fauna and flora ('), the Federal Republic of
 1997 by Societe Anonyme des Caves et des Producteurs                           Germany has failed to fulfil its obligations under the
Reunis de Roquefort ( Aveyron ) and Others . That action,                       EC Treaty,
T-140/97, was the subject of an order declining
jurisdiction and the Court of First Instance referred it to             — order the Federal Republic of Germany to pay the
 the Court of Justice in order that it might hear and                           costs .
 determine the claim for annulment.
                                                                         Pleas in law and main arguments adduced in support:
 Pleas in law and main arguments adduced in support:
                                                                         The pleas in law and main arguments are the same as in
 The pleas in law and main arguments were published in a                 Case C-56/97 (2); the time-limit for transposition of the
 notice in Official Journal of the European Communities                  Directive expired on 5 June 1994 .
 No C 318 of 26 October 1996 , page 24 .
                                                                         (') OJ No L 206 , 22 . 7. 1992, p. 7 .
                                                                         ( 2 ) See page 12 of this Official Journal .
 Action brought on 25 February 1997 by Bergpracht
 Milchwerk GmbH & Co. KG and others against the
           Commission of the European Communities                        Action brought on 28 February 1997 by the Commission
                            ( Case C-82/97)                              of the European Communities against the Portuguese
                                                                                                           Republic
                              ( 97/C 108/37)
                                                                                                      ( Case C-88/ 97)
                                                                                                        ( 97/C 108/39 )
  An action against the Commission of the European
  Communities was brought before the Court of Justice of
  the European Communities on 25 February 1997 by                         An action against the Portuguese Republic was brought
  Bergpracht Milchwerk GmbH & Co . KG and others. The                     before the Court of Justice of the European Communities
  action in question had previously been brought before the               on 28 February 1997 by the Commission of the European
  Court of First Instance under Case T-141/96 ; the Court of              Communities, represented by Francisco de Sousa Fialho,
  First Instance made an order declining jurisdiction in the              of its Legal Service, acting as Agent, with an address for
  case and transferred it to the Court of Justice for                     service in Luxembourg at the office of Carlos Gomez de la
  determination by the latter Court of the application for                 Cruz, Wagner Centre, Kirchberg.
  annulment .
                                                                          The applicant claims that the Court should:
  Pleas in law and main arguments adduced in support:
                                                                           — declare that, by failing to adopt and bring into force
  The pleas in law and main arguments are set out in a                           the laws, regulations or administrative provisions
   notice published in Official Journal of the European                          necessary to comply with Council Directive 92/43/EEC
   Communities No C 336 of 9 November 1996, page 30.                             of 21 May 1992 on the conservation of natural
                                                                                 habitats and of wild fauna and flora ('), the
                                                                                 Portuguese Republic has failed to fulfil its obligations