CELEX: C2002/044/10
Language: en
Date: 2002-02-16 00:00:00
Title: Judgment of the Court (First Chamber) of 13 December 2001 in Case C-372/00: Commission of the European Communities v Ireland (Failure by a Member State to fulfil its obligations — Directive 96/48/EC — Interoperability of the trans-European high-speed rail system)

C 44/6                 EN                     Official Journal of the European Communities                                          16.2.2002
European Communities (Fourth Chamber) of 14 July 2000 in                 1.    Declares that, by failing to adopt the laws, regulations and
Case T-82/99 Cwik v Commission [2000] ECR-SC I-A-155                           administrative provisions necessary to comply with Council
and II-713, seeking to have that judgment set aside, the other                 Directive 96/48/EC of 23 July 1996 on the interoperability of
party to the proceedings being: Michael Cwik, an official of                   the trans-European high-speed rail system, Ireland has failed to
the Commission of the European Communities, residing in                        fulfil its obligations under that directive.
Brussels (Belgium), represented by N. Lhoëst, avocat — the
Court, composed of: G.C. Rodrı́guez Iglesias, President, P. Jann,        2.    Orders Ireland to pay the costs.
F. Macken, N. Colneric and S. von Bahr (Presidents of
Chambers), A. La Pergola, J.-P. Puissochet, L. Sevón, M. Wathe-
let (Rapporteur), R. Schintgen and V. Skouris, Judges; Advocate          (1) OJ C 355, 9.12.2000.
General: D. Ruiz-Jarabo Colomer, L. Hewlett, Administrator,
for the Registrar, has given a judgment on 13 December 2001,
in which it:
1.    Dismisses the appeal;
                                                                                            JUDGMENT OF THE COURT
2.    Orders the Commission of the European Communities to pay
      the costs.
                                                                                                     (Third Chamber)
(1) OJ C 335, 25.11.2000.                                                                         of 13 December 2001
                                                                         in Case C-446/00 P: Pascual Juan Cubero Vermurie v
                                                                                 Commission of the European Communities (1)
                                                                                (Appeal — Officials — Promotions — Mobility)
                 JUDGMENT OF THE COURT                                                                (2002/C 44/11)
                        (First Chamber)                                                         (Language of the case: French)
                                                                         (Provisional translation; the definitive translation will be published
                     of 13 December 2001
                                                                                               in the European Court Reports)
in Case C-372/00: Commission of the European Communi-
                         ties v Ireland (1)
                                                                         In Case C-446/00: Pascual Juan Cubero Vermurie, an official
                                                                         of the Commission of the European Communities, residing in
(Failure by a Member State to fulfil its obligations —                   Brussels (Belgium), represented by E. Boigelot, avocat —
Directive 96/48/EC — Interoperability of the trans-Euro-                 APPEAL against the judgment of the Court of First Instance of
                  pean high-speed rail system)                           the European Communities (Fifth Chamber) of 3 October
                                                                         2000 in Case T-187/98 Cubero Vermurie v Commission
                                                                         [2000] ECR I-A-195 and II-885, seeking to have that judgment
                         (2002/C 44/10)                                  set aside and the same form of order as that sought by the
                                                                         appellant at first instance, the other party to the proceedings
                   (Language of the case: English)                       being: Commission of the European Communities (Agent:
                                                                         C. Berardis-Kayser, assisted by B. Wägenbaur) — the Court
                                                                         (Third Chamber), composed of: C. Gulmann, acting for the
                                                                         President of the Third Chamber, J.-P. Puissochet and J.N. Cunha
                                                                         Rodrigues (Rapporteur), Judges; C. Stix-Hackl, Advocate Gen-
In Case C-372/00: Commission of the European Communities
                                                                         eral; L. Hewlett, Administrator, for the Registrar, has given a
(Agent: M. Wolfcarius) v Ireland (Agent: D.J. O’Hagan) —
                                                                         judgment on 13 December 2001, in which it:
application for a declaration that, by failing to adopt the laws,
regulations and administrative provisions necessary to comply
with Council Directive 96/48/EC of 23 July 1996 on the                   1.    Dismisses the appeal;
interoperability of the trans-European high-speed rail system
(OJ 1996 L 235, p. 6), Ireland has failed to fulfil its obligations      2.    Orders Mr Cubero Vermurie to pay the costs.
under that directive — the Court (First Chamber), composed
of: P. Jann, President of the Chamber, L. Sevón (Rapporteur)
and M. Wathelet, Judges; L.A. Geelhoed, Advocate General;                (1) OJ C 45, 10.2.2001.
R. Grass, Registrar, has given a judgment on 13 December
2001, in which it: