CELEX: C1996/388/04
Language: en
Date: 1996-12-21 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 24 October 1996 in Case C-325/95: Commission of the European Communities v. Ireland (Failure of a Member State to fulfil obligations - Directives 91/67/EEC, 91/492/EEC, 91/493/EEC and 92/48/EEC - Failure to transpose within the prescribed period)

No C 388/2           LEN                    Official Journal of the European Communities                                         21 . 12 . 96
a preliminary ruling in the proceedings pending before                 1 . declares that, by failing to adopt within the prescribed
that Court between Konservenfabrik Lubella Friedrich                         period the measures necessary in order to comply with
Bilker GmbH & Co. KG and Hauptzollamt Cottbus on                             Council Directive 90/219/EEC of 23 April 1990 on
the validity of Commission Regulation (EEC ) No 1932/93                      the contained use of genetically modified micro­
of 16 July 1993 establishing protective measures as                          organisms, and Council Directive 90/220/EEC of
regards the import of sour cherries ( OJ No L 174, 17. 7.                    23 April 1990 on the deliberate release into the
1993 , p. 35 ) — the Court (Third Chamber ), composed of:                    environment of genetically modified organisms, the
J. C. Moitinho de Almeida, President of the Chamber, C.                      Grand Duchy of Luxembourg has failed to fulfil its
Gulmann, D. A. O. Edward, J. -P. Puissochet ( Rapporteur)                    obligations under Articles 22 and 23 of those
and P. Jann, Judges; M. B. Elmer, Advocate-General; R.                       Directives respectively;
Grass, Registrar, gave a judgment on 17 October 1996,
the operative part of which is as follows:
                                                                       2 . orders the Grand Duchy of Luxembourg to pay the
                                                                             costs .
 Consideration of the questions referred to the Court has
disclosed no factor of such a kind as to affect the validity           ( i ) OJ No C 315 , 2.5 . 11 . 1995 .
of Commission Regulation (EEC) No 1932/93 establishing
protective measures as regards the import of sour cherries.
 (!) OJ No C 101 , 22 . 4 . 1995 .
                                                                                       JUDGMENT OF THE COURT
                                                                                                   ( Sixth Chamber)
                                                                                                 of 24 October 1996
                JUDGMENT OF THE COURT                                  in     Case    C-325/95 :        Commission       of the   European
                                                                                            Communities v. Ireland C1 )
                           (Fifth Chamber)
                                                                        (Failure of a Member State to fulfil obligations —
                        of 17 October 1996                             Directives 91/67/EEC, 91/492/EEC, 91/493/EEC and 92/
 in     Case C-3 12/95 : Commission of the European                     48/EEC — Failure to transpose within the prescribed
        Communities v. Grand Duchy of Luxembourg 0 )                                                     period)
                                                                                                     ( 96/C 388/04 )
 (Failure to fulfil obligations — Council Directives 90/219/
  EEC and 90/220/EEC — Genetically modified organisms)
                                                                                         (Language of the case: English)
                            ( 96/C 388/03 )
                                                                        In Case C-325/95 : Commission of the European
                  (Language of the case: French)                        Communities ( Agent: Carmel O'Reilly) v. Ireland ( Agent:
                                                                        Michael A. Buckley ) — application for a declaration that,
                                                                        by failing to bring into force the laws, regulations or
    (Provisional translation; the definitive translation will be        administrative provisions necessary to comply with:
            published in the European Court Reports)
                                                                        — Council Directive 91/67/EEC of 28 January 1991
                                                                              concerning the animal health conditions governing the
 In Case C-312/95 : Commission of the European                                placing on the market of aquaculture animals and
  Communities ( Agent: Frank Benyon) v. Grand Duchy of                        products ( OJ No L 46 , 19 . 2 . 1991 , p. 1 ),
  Luxembourg (Agent: Nicolas Schmidt) — application for a
  declaration that, by failing to adopt within the prescribed
  period the measures necessary in order to comply with                 — Council Directive 91 /492/EEC of 15 July 1991 laying
  Council Directive 90/219/EEC of 23 April 1990 on the                        down the health conditions for the production and the
  contained use of genetically modified micro-organisms ( OJ                  placing on the market of live bivalve molluscs ( OJ No
  No L 117, 8 . 5 . 1990, p. 1 ), and Council Directive 90/                   L 268 , 24 . 9 . 1991 , p. 1 ),
  220/EEC of 23 April 1990 on the deliberate release into
  the environment of genetically modified organisms ( OJ No             — Council Directive 91/493/EEC of 22 July 1991 laying
  L 117, 8 . 5 . 1990, p. 15 ), the Grand Duchy of                            down the health conditions for the production and the
  Luxembourg has failed to fulfil its obligations under                       placing on the market of fishery products ( OJ No
  Articles 22 and 23 of those Directives respectively and                     L 268 , 24 . 9 . 1991 , p. 15 ), and
  under Articles 5 and 189 of the EC Treaty, the Court
  ( Fifth Chamber), composed of: J. C. Moitinho de
  Almeida, President of the Chamber, L. Sevon                           — Council Directive 92/48/EEC of 16 June 1992 laying
  ( Rapporteur), C. Gulmann, D. A. O. Edward and M.                           down the minimum hygiene rules applicable to fishery
  Wathelet, Judges; A. La Pergola, Advocate-General; R.                       products caught on board certain vessels in accordance
  Grass, Registrar, has given a judgment on 17 October                        with Article 3 ( 1 ) ( a ) ( i ) of Directive 91/493/EEC ( OJ
  1 996 in which it:                                                          No L 187, 7 . 7. 1992, p. 41 ),
 ---pagebreak--- 21 . 12 . 96           EN                  Official Journal of the European Communities                               No C 388/3
Ireland has failed to fulfil its obligations under those              21 December 1989 on the coordination of the laws,
Directives — the Court ( Sixth Chamber ), composed of:                regulations and administrative provisions relating to the
J. L. Murray, President of the Fourth Chamber, acting for             application of review procedures to the award of public
the President of the Sixth Chamber, C. N. Kakouris, P. J. G.          supply and public works contracts (*), the Hellenic
Kapteyn, G. Hirsch and H. Ragnemalm ( Rapporteur),                    Republic is in breach of its obligations under the Treaty
Judges; G. Cosmas, Advocate-General; R. Grass, Registrar,             and, more specifically, Directive 89/665/EEC.
gave a judgment on 24 October 1996 , in which it:
                                                                      Pleas in law and main arguments adduced in support:
1 . declares that, ,by failing to adopt within the prescribed
     period the laws, regulations or administrative                   In the Commission's view, the Greek legislation does not
     provisions necessary to comply with :                            meet fully the requirements of Articles 1 and 2 of
                                                                      Directive 89/665/EEC, in particular with regard to the
     — Council Directive 91 /67/EEC of 28 January 1991                possibility of setting aside administrative decisions, the
          concerning the animal health conditions governing           taking of interim measures, the implementation of
          the placing on the market of aquaculture animals            decisions of the national courts against the administration
          and products,                                               and the award of damages in cases of unlawful failure to
     — Council Directive 91 /492/EEC of 15 July 1991                  award contracts . The Commission also considers that the
          laying down the health conditions for the                   practice of the Hellenic Republic whereby the more
          production and the placing on the market of live            important public works contracts are ratified by law, with
          bivalve molluscs,                                           the result that individuals cannot challenge the award and
                                                                      the relevant contract, is contrary to the general principle
     — Council Directive 91 /493/EEC of 22 July 1991                  of Community law concerning effective legal protection of
          laying down the health conditions for the                   rights under Community law.
          production and the placing on the market of
          fishery products, and                                       (!) OJ No L 395 , 30 . 12 . 1989 , p. 33 .
     — Council Directive 92/48/EEC of 16 June 1992
          laying down the minimum hygiene rules applicable
          to fishery products caught on board certain vessels
          in accordance with Article 3 (1 ) (a) (i) of Directive
          91 /493/EEC,                                                Action brought on 14 October 1996 by the Commission
                                                                      of the European Communities against Industrial Refuse
     Ireland has failed to fulfil its obligations under                                  and Coal Energy Limited
     Article 29 (1 ) of Directive 91 /67, the first paragraph                                 ( Case C-337/96 )
     of Article 15 of Directive 91 /492, the first paragraph
     of Article 18 of Directive 91 /493 and the first                                            ( 96/C 388/06 )
     paragraph of Article 4 of Directive 92/48;
                                                                      An action against Industrial Refuse and Coal Energy
2 . orders Ireland to pay the costs.                                  Limited was brought before the Court of Justice of the
                                                                      European Communities on 14 October 1996 by the
(M OJ No C 333 , 9 . 12 . 1995 .                                      Commission of the European Communities, represented
                                                                      by Mr Thomas F. Cusack, Legal Adviser, acting as Agent,
                                                                      assisted by Mr Fergus Randolph, Barrister, of the English
                                                                      Bar, with an address for service in Luxembourg at the
                                                                      office of Carlos Gomez de la Cruz, a member of its Legal
Action brought on 10 October 1996 by the Commission                   Service, Centre Wagner, Kirchberg.
of the European Communities against the Hellenic
                             Republic                                 The applicant claims that the Court should :
                          Case C-335 /96 )                            1 . order the defendant to pay the Commission the sum of
                           96/C 388/05 )                                  ECU 242 234 together with continuing interest for late
                                                                          payment at the rate of 8,15 % from 20 October 1993 ;
An action against the Hellenic Republic was brought                   2 . order the defendant to pay the costs.
before the Court of Justice on 10 October 1996 by the
Commission of the European Communities, represented                   Pleas in law and main arguments adduced in support:
by Hendrik Van Lier, Legal Adviser to the Commission,
and Dimitris Triantafillou, of its Legal Service, with an             The action, brought under an arbitration clause, seeks the
address for service in Luxembourg at the office of Carlos             recovery of financial support granted by the applicant to
Gomez de la Cruz, also of the Commission's Legal                      the defendant for undertaking the conversion of an
Service, Wagner Centre, Kirchberg.                                    existing transfer station to electrical power generation
                                                                      from the preparation of raw urban waste . The
The applicant claims that the Court should declare that,              Commission has withdrawn from the contract between the
by failing to take the necessary measures, within the                 parties, concluded under the law of England, because the
period prescribed, on public works procurement, to ensure             defendant has failed to comply with his obligations.
the correct application and effectiveness in practice of
Articles 1 and 2 of Council Directive 89/665/EEC of