CELEX: C2002/131/11
Language: en
Date: 2002-06-01 00:00:00
Title: Case C-106/02: Action brought on 22 March 2002 by the Commission of the European Communities against the Federal Republic of Germany

C 131/6                EN                     Official Journal of the European Communities                                           1.6.2002
at least partial security. The Federal Republic temporarily              The Commission claims that the Court should:
waived enforcement of its existing claims against the guarantor
association AIST only on the condition that the association              1.     Declare that, by failing to adopt the laws, regulations
continued to be liable with an appropriate own share and                        and administrative provisions necessary to comply with
assigned its claims against the reinsurer by way of security.                   Council Directive 97/43/Euratom (1) of 30 June 1997 on
Consequently, the claims arising in 1995 and the subsequent                     health protection of individuals against the dangers of
years were secured and should, to the extent that they had not                  ionising radiation in relation to medical exposure, and
been contested within the time-limit provided, have been                        repealing Directive 84/466/Euratom, in the field of
entered, at least partly, in the ‘A’ accounts and transferred.                  medical exposure in the operation of radiological instal-
                                                                                lations, and in any event by failing to notify the Com-
                                                                                mission of them, the Federal Republic of Germany has
                                                                                failed to fulfil its obligations under that directive;
The German authorities have not as yet supplied substantiated
proof for their submission that they acted vicariously in the
                                                                         2.     Order the Federal Republic of Germany to pay the costs.
Community interest to prevent a collapse of the TIR system.
If, however, actual evidence of such a serious crisis existed, it
is difficult to see why the German authorities did not, in the
Community interest, consult the Commission and the other
Member States before reaching their decision temporarily to              Pleas in law and main arguments
waive collection of the claims. The unilateral action of the
German authorities is just as much an infringement of the
duty of co-operation laid down in Article 10 of the EC Treaty            It follows from the binding nature of directives under the third
as the fact that it was only in their response to the letter setting     paragraph of Article 161 EA and from the first paragraph of
the deadline that the German authorities complied with the               Article 192 EA that the Member States to which a directive is
Commission’s repeated request for notification of the details            addressed are obliged to transpose its provisions into national
of the agreement concluded by the Federal Republic with the              law in such a way that they become fully effective in practice
guarantor association and of further agreements with other               from the date of expiry of the period for transposition.
security providers.
                                                                         In accordance with Article 14 of the directive, the Member
                                                                         States were obliged to comply with it before 13 May 2000.
(1) OJ L 155 of 7.6. 1989, p. 1.                                         Although the Federal Republic of Germany has now largely
(2) OJ L 130 of 31.5.2000, p. 1.                                         transposed the directive by means of the Strahlenschutzverord-
                                                                         nung of 20 July 2001, the necessary provisions for the
                                                                         operation of radiological installations are still lacking.
                                                                         (1) OJ L 180 of 9.7.1997, p. 22.
Action brought on 22 March 2002 by the Commission of
the European Communities against the Federal Republic
                            of Germany                                   Action brought on 22 March 2002 by the Commission of
                                                                         the European Communities against the Federal Republic
                                                                                                       of Germany
                         (Case C-106/02)
                                                                                                     (Case C-108/02)
                         (2002/C 131/11)
                                                                                                     (2002/C 131/12)
An action against the Federal Republic of Germany was                    An action against the Federal Republic of Germany was
brought before the Court of Justice of the European Communi-             brought before the Court of Justice of the European Communi-
ties on 22 March 2002 by the Commission of the European                  ties on 22 March 2002 by the Commission of the European
Communities, represented by Götz zur Hausen, Legal Adviser               Communities, represented by Götz zur Hausen, Legal Adviser
of the Commission of the European Communities, with an                   of the Commission of the European Communities, with an
address for service in Luxembourg at the office of Luis Escobar          address for service in Luxembourg at the office of Luis Escobar
Guerrero, of its Legal Service, Wagner Centre C 254, Kirchberg.          Guerrero, of its Legal Service, Wagner Centre C 254, Kirchberg.