CELEX: C1996/294/15
Language: en
Date: 1996-10-05 00:00:00
Title: Action brought on 14 August 1996 by the Commission of the European Communities against the Portuguese Republic (Case C-276/96)

No C 294/8                 EN                 Official Journal of the European Communities                                     5 . 10 . 96
       in its territory, or is Article 22 to be interpreted as           prescribed for doing so . That period expired on 1 January
       meaning that such entitlement exists so long as the               1986 without the Portuguese Republic having brought into
       person concerned fulfils all other conditions of the              force the necessary provisions .
       national legislation of the country which he or she
       leaves , apart from the residence requirement ?                   (') OJ No L 265 , 5 . 10 . 1984 , p . 1 .
(') Council Regulation ( EEC ) No 1408/71 of 14 June 1971 on the
      application of social security schemes to employed persons, to
      self-employed persons and to members of their families moving
      within the Community ( OJ English Special Edition 1971 ( II ),
      p. 416 ).                                                          Action brought on 21 August 1996 by the Commission of
( 2 ) Council Regulation ( EEC ) No 574/72 of 21 March 1972 laying        the European Communities against the French Republic
      down the procedure for implementing Regulation ( EEC )
      No 1408/71 ( OJ English Special Edition 1972 ( I ), p. 159 ).                                Case C-282/96 )
                                                                                                   ( 96/C 294/ 16 )
                                                                         An action against the French Republic was brought before
                                                                         the Court of Justice of the European Communities on
                                                                         21 August 1996 by the Commission of the European
                                                                         Communities , represented by Gotz zur Flausen , acting as
Action brought on 14 August 1996 by the Commission of                    Agent, assisted by J. -J. Evrard, of the Brussels Bar, with an
the European Communities against the Portuguese                          address for service in Luxembourg at the office of Carlos
                                Republic                                 Gomez de la Cruz, Wagner Centre, Kirchberg.
                             Case C-276/96 )
                              96/C 294/ 1 5                              The applicant claims that the Court should :
                                                                         — declare that, by failing to adopt the laws, regulations or
An action against the Portuguese Republic was brought                        administrative provisions necessary to comply with
before the Court of Justice of the European Communities on                    Council Directive 91 / 157/EEC of 18 March 1991 on
14 August 1996 by the Commission of the European                              batteries and accumulators containing certain
Communities, represented by Thomas F. Cusack and Dr                           dangerous substances ('), or by failing to notify such
Francisco de Sousa Fialho, acting as Agents, with an address                 measures, the French Republic has failed to fulfil its
for service in Luxembourg at the office of Carlos Gomez de                    obligations under that Directive ,
la Cruz, of its Legal Service , Wagner Centre , Kirchberg.
                                                                         — order the French Republic to pay the costs .
The applicant claims that the Court should :                             Pleas in law and main arguments
— declare that, by failing to adopt the laws , regulations or            Under Article 189 of the EC Treaty, according to which a
       administrative provisions necessary to comply with                directive is to be binding, as to the result to be achieved , on
       Article 3 of Council Directive 84/466/Euratom of                  each Member State to which it is addressed, Member States
       3 September 1984 laying down basic measures for the               are required to observe the time limits laid down in
       radiation protection of persons undergoing medical                directives for their transposition . That time limit expired on
       examination or treatment ('), the Portuguese Republic             18 September 1992 without the French Republic having
       has failed to fulfil its obligations under the third              brought into force the necessary provisions in order to
       paragraph of Article 161 of the Euratom Treaty and                comply with the Directive referred to in the Commission 's
       Article 7 of Directive 84/466/Euratom , in conjunction            application .
       with Article 399 of the Act concerning the conditions of
       accession of the Portuguese Republic,                             (') OJ No L 78 , 26 . 3 . 1991 , p . 38 .
— declare , in the alternative , that, by failing to inform the
       Commission forthwith thereof, the Portuguese Republic
       failed to fulfil its obligations under the abovementioned
       provisions ,
                                                                         Action brought on 21 August 1996 by the Commission of
— order the Portuguese Republic to pay the costs .                         the European Communities against the French Republic
                                                                                                   Case C-283 /96 )
 Pleas in law and main arguments                                                                    ( 96/C 294/ 17 )
The mandatory nature of the provisions of the third                      An action against the French Republic was brought before
 paragraph of Article 161 of the Euratom Treaty requires                 the Court of Justice of the European Communities on
 Member States to adopt the measures necessary to transpose              21 August 1996 by the Commission of the European
 directives addressed to them before the expiry of the period             Communities , represented by Gotz zur Hausen , acting as