CELEX: C1998/151/04
Language: en
Date: 1998-05-16 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 12 March 1998 in Case C-163/97: Commission of the European Communities v. Kingdom of Belgium (Failure of a Member State to fulfil its obligations - Failure to transpose Directive 92/74/EEC)

16.5.98               EN                   Official Journal of the European Communities                                      C 151/3
Ð Commission Directive 93/78/EEC of 21 September                           Ð Commission Directive 93/79/EEC of 21 September
    1993 setting out additional implementing provisions                        1993 setting out additional implementing
    for lists of varieties of ornamental plant propagating                     provisions for lists of varieties of fruit plant
    material and ornamental plants, as kept by suppliers                       propagating material and fruit plants, as kept by
    under Council Directive 91/682/EEC (OJ L 256,                              suppliers under Council Directive 92/34/EEC,
    14.10.1993, p. 19),
                                                                           the Federal Republic of Germany has failed to fulfil its
Ð Commission Directive 93/79/EEC of 21 September                           obligations under the EC Treaty;
    1993 setting out additional implementing provisions
    for lists of varieties of fruit plant propagating material
                                                                      2. declares that there is no need to adjudicate on the
    and fruit plants, as kept by suppliers under Council
                                                                           application in so far as it relates to Commission
    Directive 92/34/EEC (OJ L 256, 14.10.1993, p. 25),
                                                                           Directive 94/3/EC, of 21 January 1994, establishing a
    and
                                                                           procedure for the notification of interception of a
                                                                           consignment or a harmful organism from third
Ð Commission Directive 94/3/EC of 21 January 1994                          countries and presenting an imminent phytosanitary
    establishing a procedure for the notification of                       danger;
    interception of a consignment or a harmful organism
    from third countries and presenting an imminent                   3. orders the Federal Republic of Germany to pay the
    phytosanitary danger (OJ L 32, 5.2.1994, p. 37),                       costs, including those consequent upon the partial
                                                                           discontinuance of the proceedings by the Commission.
the Federal Republic of Germany has failed to fulfil its
obligations under the EC Treaty Ð the Court (Fifth                    (1) OJ C 388, 21.12.1996.
Chamber), composed of: C. Gulmann, President of the
Chamber, D. A. O. Edward, J.-P. Puissochet, P. Jann
(Rapporteur) and L. Sevón, Judges; P. LeÂger, Advocate-
General; R. Grass, Registrar, has given a judgment on
12 March 1998, in which it:
                                                                                     JUDGMENT OF THE COURT
1. Declares that, by failing to adopt within the periods                                      (Sixth Chamber)
    prescribed the laws, regulations and administrative
    provisions needed to comply with,                                                        of 12 March 1998
                                                                      in    Case   C-163/97: Commission of the European
    Ð Commission Directive 93/62/EEC of 5 July 1993                              Communities v. Kingdom of Belgium (1)
        setting out the implementing measures concerning              (Failure of a Member State to fulfil its obligations Ð
        the supervision and monitoring of suppliers and                         Failure to transpose Directive 92/74/EEC)
        establishments pursuant to Council Directive 92/
        33/EEC on the marketing of vegetable propagating                                       (98/C 151/04)
        and planting material, other than seed,
                                                                                      (Language of the case: French)
    Ð Commission Directive 93/63/EEC of 5 July 1993
        setting out the implementing measures concerning
        the supervision and monitoring of suppliers and                 (Provisional translation; the definitive translation will be
        establishments pursuant to Council Directive 91/                        published in the European Court Reports)
        682/EEC on the marketing of ornamental plant
        propagating material and ornamental plants,
                                                                      In Case C-163/97: Commission of the European
                                                                      Communities (Agent: Hendrik van Lier) v. Kingdom of
    Ð Commission Directive 93/64/EEC of 5 July 1993
                                                                      Belgium (Agent: Jan Devadder) Ð application for a
        setting out the implementing measures concerning
                                                                      declaration that, by not giving notification of or by not
        the supervision and monitoring of suppliers and
                                                                      adopting the measures necessary in order to transpose
        establishments pursuant to Council Directive 92/
                                                                      Council Directive 92/74/EEC of 22 September 1992
        34/EEC on the marketing of fruit plant
                                                                      widening the scope of Directive 81/851/EEC on the
        propagating material and fruit plants intended for
                                                                      approximation of provisions laid down by law, regulation
        fruit production,
                                                                      or administrative action relating to veterinary medicinal
                                                                      products and laying down additional provisions on
    Ð Commission Directive 93/78/EEC of 21 September                  homeopathic veterinary medicinal products (OJ L 297,
        1993 setting out additional implementing                      13.10.1992, p. 12), the Kingdom of Belgium has failed to
        provisions for lists of varieties of ornamental plant         fulfil its obligations under the EC Treaty and that
        propagating material and ornamental plants, as                Directive Ð the Court (Sixth Chamber), composed of: H.
        kept by suppliers under Council Directive 91/682/             Ragnemalm, President of the Chamber, G. F. Mancini,
        EEC, and                                                      P. J. G. Kapteyn, J. L. Murray (Rapporteur) and K. M.
 ---pagebreak--- C 151/4               EN                  Official Journal of the European Communities                                      16.5.98
Ioannou, Judges; G. Cosmas, Advocate-General; R. Grass,              Jacobs, Advocate-General; R. Grass, Registrar, has given a
Registrar, has given a judgment on 12 March 1998, in                 judgment on 12 March 1998, in which it:
which it:
                                                                     1. declares that, by failing to adopt, within the prescribed
1. declares that, by not adopting within the prescribed                  period, the laws, regulations and administrative
     period the laws, regulations and administrative                     provisions necessary in order to comply with Council
     provisions to comply with Council Directive 92/74/                  Directive 94/57/EC of 22 November 1994 on common
     EEC of 22 September 1992 widening the scope of                      rules and standards for ship inspection and survey
     Directive 81/851/EEC on the approximation of                        organisations and for the relevant activities of
     provisions laid down by law, regulation or                          maritime administrations, the Italian Republic has
     administrative action relating to veterinary medicinal              failed to fulfil its obligations under Article 16 thereof;
     products and laying down additional provisions on
     homeopathic veterinary medicinal products, the
     Kingdom of Belgium has failed to fulfil its obligations         2. orders the Italian Republic to pay the costs.
     under Article 10(1) thereof;
                                                                     (1) OJ C 331, 1.11.1997.
2. orders the Kingdom of Belgium to pay the costs.
(1) OJ C 212, 12.7.1997.
                                                                     Action brought on 27 February 1998 by the Commission
                                                                     of the European Communities against the Grand Duchy of
                                                                                                Luxembourg
                                                                                              (Case C-59/98)
               JUDGMENT OF THE COURT
                                                                                               (98/C 151/06)
                       (Fifth Chamber)
                      of 12 March 1998
                                                                     An action against the Grand Duchy of Luxembourg was
      in Case C-313/97: Commission of the European                   brought before the Court of Justice of the European
             Communities v. Italian Republic (1)                     Communities on 27 February 1998 by the Commission of
                                                                     the European Communities, represented by Giuliano
(Failure by a Member State to fulfil its obligations Ð
                                                                     Marenco, Principal Legal Adviser, and JoseÂ F. Crespo
Directive 94/57/EC Ð Failure to transpose within the
                                                                     Carrillo, of its Legal Service, acting as Agents, with an
                      prescribed period)
                                                                     address for service in Luxembourg at the office of Carlos
                        (98/C 151/05)                                Gómez de la Cruz, Wagner Centre, Kirchberg.
                (Language of the case: Italian)                      The applicant claims that the Court should:
                                                                     Ð declare that, by failing to adopt all the laws,
  (Provisional translation; the definitive translation will be           regulations or administrative provisions necessary to
          published in the European Court Reports)                       comply with Commission Directive 94/46/EC of
                                                                         13 October 1994 amending Directive 88/301/EEC and
                                                                         Directive 90/388/EEC in particular with regard to
In Case C-313/97: Commission of the European                             satellite communications (1), the Grand Duchy of
Communities (Agent: L. Pignataro) v. Italian Republic                    Luxembourg has failed to fulfil its obligations under
(Agent: U. Leanza, assisted by G. Aiello) Ð application                  that directive,
for a declaration that, by failing to adopt and/or
communicate the laws, regulations and administrative
provisions necessary in order to comply with Council                 Ð order the Grand Duchy of Luxembourg to pay the
Directive 94/57/EC of 22 November 1994 on common                         costs.
rules and standards for ship inspection and survey
organisations and for the relevant activities of maritime
administrations (OJ L 319, 12.12.1994, p. 20), the Italian           Pleas in law and main arguments adduced in support:
Republic has failed to fulfil its obligations under the EC
Treaty and under that Directive Ð the Court (Fifth
Chamber), composed of: C. Gulmann, President of the                  The mandatory nature of the provisions of the third
Chamber, M. Wathelet (Rapporteur), J. C. Moitinho de                 paragraph of Article 189 and the first paragraph of
Almeida, J.-P. Puissochet and L. Sevón, Judges; F. G.                Article 5 of the EC Treaty requires Member States to