CELEX: C2000/355/22
Language: en
Date: 2000-12-09 00:00:00
Title: Case C-367/00: Action brought on 5 October 2000 by the Commission of the European Communities against the French Republic

C 355/12              EN                     Official Journal of the European Communities                                         9.12.2000
Action brought on 5 October 2000 by the Commission                      The applicant claims that the Court should:
of the European Communities against the French Republic
                                                                        1.    declare that by failing to take all necessary measures to
                        (Case C-367/00)                                       ensure that the quality of bathing water conforms to
                                                                              the limit values in Council Directive 76/160/EEC(1) of
                                                                              8 December 1975 concerning the quality of bathing
                        (2000/C 355/22)                                       water and by failing to carry out the required minimum
                                                                              of sampling operations the Kingdom of Sweden has failed
                                                                              to fulfil its obligations under Articles 4(1) and 6(1) of that
An action against the French Republic was brought before the                  directive;
Court of Justice of the European Communities on 5 October
2000 by the Commission of the European Communities,
represented by Marie Wolfcarius, Legal Adviser, acting as               2.    order the Kingdom of Sweden to bear the costs.
Agent, with an address for service in Luxembourg at the office
of Carlos Gómez de la Cruz, of the Commission’s Legal Service,
Wagner Centre, Kirchberg.                                               Pleas in law and main arguments
The applicant claims that the Court should:                             Under the binding provisions of the third paragraph of
                                                                        Article 249 EC and the first paragraph of Article 10 EC,
—     Declare that, by failing to adopt the laws, regulations and       Member States must take, within the prescribed period, the
      administrative provisions needed in order to comply with          measures necessary to comply with directives addressed to the
      Council Directive 96/48/EC of 23 July 1996 on the                 Member States. In the case of Sweden, Directive 76/160/EEC
      interoperability of the trans-European high-speed rail            entered into force on 1 January 1995 as a result of the Act of
      system(1), the French Republic has failed to fulfil its           Accession (Article 2). Sweden was therefore obliged to meet
      obligations under that directive;                                 the requirements of the directive by that date at the latest.
                                                                        However, by the 1998 bathing season, Sweden had not taken
                                                                        all the measures necessary to fulfil its obligations under
—     Order the French Republic to pay the costs.
                                                                        Articles 4(1) and 6(1) of the directive.
Pleas in law and main arguments                                         (1) OJ 1976 L 031, p. 1.
The pleas in law and main arguments correspond to those in
Case C-366/00(2); the period for transposition laid down by
Article 23 of Directive 96/48/EC expired on 8 April 1999.
(1) OJ L 235, 17.9.1996, p. 6.
(2) OJ C ...
                                                                        Action brought on 10 October 2000 by the Commission
                                                                                of the European Communities against Ireland
                                                                                                   (Case C-372/00)
                                                                                                   (2000/C 355/24)
Action brought on 6 October 2000 by the Commission                      An action against Ireland was brought before the Court of
of the European Communities against the Kingdom of                      Justice of the European Communities on 10 October 2000 by
                             Sweden                                     the Commission of the European Communities, represented
                                                                        by Marie Wolfcarius, Legal Adviser, acting as agent, with an
                                                                        address for service at the office of Carlos Gómez de la Cruz, a
                        (Case C-368/00)                                 member of the Legal Service of the Commission, Wagner
                                                                        Centre, Kirchberg, Luxembourg.
                        (2000/C 355/23)
                                                                        The Applicant claims that the Court should:
An action against the Kingdom of Sweden was brought
before the Court of Justice of the European Communities                 —     declare that by failing to adopt the laws, regulations
on 6 October 2000 by the Commission of the European                           or administrative provisions necessary to comply with
Communities, represented by Lena Ström, of its Legal Service,                 Council Directive 96/48/EC of 23 July 1996 on the
acting as Agent, with an address for service in Luxembourg at                 interoperability of the trans-European high-speed rail
the office of Carlos Gómez de la Cruz, also of that service,                 system (1), Ireland has failed to fulfil its obligations under
Wagner Centre, Kirchberg.                                                     that Directive.