CELEX: C1997/331/32
Language: en
Date: 1997-11-01 00:00:00
Title: Action brought on 24 September 1997 by the Commission of the European Communities against the Kingdom of Belgium (Case C-332/97)

c 331/16               ΓΕΝ                   Official Journal of the European Communities                                       1 . 11 . 97
Commission of the European Communities, represented                             Republic of Germany has failed to fulfil its obligations
by Paolo Stancanelli, of its Legal Service, acting as Agent,                    under the EC Treaty and those Directives;
with an address for service in Luxembourg at the office of
Carlos Gomez de la Cruz, also of the Commission's Legal
Service, Wagner Centre, Kirchberg.                                      2. order the defendant to pay the costs.
The Commission claims that the Court should :                           Pleas in law and main arguments adduced in support:
                                                                        Pleas in law and main arguments correspond to those set
1 . declare that, by failing to bring into force, within                out in Case C-320/97 ( 3 ); the period prescribed for
      the period prescribed, the laws, regulations and                  transposition expired on 1 July 1995 .
      administrative provisions necessary to comply with
      European Parliament and Council Directive 95/27/EC
      of 29 June 1995 ( l ) amending Council Directive 86/              H OJ L 182, 2 . 8 . 1995 , p. 14 .
      662/EEC       on    the     limitation of   noise   emitted       ( 2 ) OJ L 182, 2 . 8 . 1995, p. 17.
      by hydraulic excavators, rope-operated excavators,                ( 3 ) See p. 13 of this Official Journal.
      dozers, loaders and excavator-loaders (2 ), the Kingdom
      of Belgium has failed to fulfil its obligations under
      that Directive and the EC Treaty;
2 . order the Kingdom of Belgium to pay the costs.
                                                                        Action brought on 24 September 1997 by the Commission
                                                                        of the European Communities against the Kingdom of
Pleas in law and main arguments adduced in support:                                                        Belgium
                                                                                                     ( Case C-332/97)
Pleas in law and main arguments correspond to those set                                                ( 97/C 331/32 )
out in Case C-320/97 ( 3 ); the period prescribed for
transposition expired on 31 December 1995 .
                                                                        An action against the Kingdom of Belgium was brought
                                                                        before the Court of Justice on 24 September 1997 by the
(') OJ L 168 , 18 . 7. 1995 , p. 14 .                                   Commission of the European Communities, represented
(2 ) OJ L 384, 31 . 12 . 1986 , p . 1 .
(3 ) See p. 13 of this Official Journal.
                                                                        by H. van Vliet, acting as Agent, with an address for
                                                                        service in Luxembourg at the office of Carlos Gomez de la
                                                                        Cruz, of the Commission's Legal Service, Wagner Centre,
                                                                        Kirchberg.
                                                                        The Commission claims that the Court should :
Action brought on 23 September 1997 by the Commission
of the European Communities against the Federal                         1 . declare that, by failing to bring into force, within
                        Republic of Germany                                     the period prescribed, the laws, regulations and
                            Case C-331/97)                                      administrative provisions necessary to comply with
                                                                                Council Directive 93/119/EC of 22 December 1993 on
                            ( 97/C 331/31 )                                     the protection of animals at the time of slaughter or
                                                                                killing ( l ), the Kingdom of Belgium has failed to fulfil
                                                                                its obligations under the Treaty;
An action against the Federal Republic of Germany was
brought before the Court of Justice on 23 September 1997                2 . order the Kingdom of Belgium to pay the costs.
by the Commission of the European Communities,
represented by Klaus-Dieter Borchardt, of its Legal
Service, acting as Agent, with an address for service in                Pleas in law and main arguments adduced in support:
Luxembourg at the office of Carlos Gomez de la Cruz,
also of the Commission's Legal Service, Wagner Centre,
Kirchberg.                                                              Pleas in law and main arguments correspond to those set
                                                                        out in Case C-320/97 (2 ); the period prescribed in the
                                                                        Directive expired on 1 January 1995 .
The Commission claims that the Court should :
                                                                        (') OJ L 340 , 31 . 12 . 1993 , p. 21 .
                                                                         ( z ) See p. 13 of this Official Journal .
1 . declare that, by failing to adopt the measures
      necessary to comply with Directives 95/40/EC (*) and
      95/4 1/EC (2) within the period prescribed, the Federal