CELEX: C2000/355/33
Language: en
Date: 2000-12-09 00:00:00
Title: Case C-394/00: Action brought on 25 October 2000 by the Commission of the European Communities against Ireland

9.12.2000              EN                    Official Journal of the European Communities                                         C 355/17
Action brought on 25 October 2000 by the Commission                     The Commission claims that the Court should:
        of the European Communities against Ireland
                                                                        1.    declare that, by failing to adopt the laws, regulations
                         (Case C-394/00)                                      and administrative provisions needed to comply with
                                                                              Commission Directive 98/68/EC (1) of 10 September
                        (2000/C 355/33)                                       1998 laying down the standard document referred to in
                                                                              Article 9(1) of Council Directive 95/53/EC and certain
                                                                              rules for checks at the introduction into the Community
An action against Ireland was brought before the Court of                     of feedingstuffs from third countries, the Hellenic Repub-
Justice of the European Communities on 25 October 2000 by                     lic has failed to fulfil its obligations under the Treaty and
the Commission of the European Communities, represented                       that directive;
by Mr Götz zur Hausen, Legal Adviser, acting as agent, with
an address for service at the office of Carlos Gómez de la Cruz,
                                                                        2.    order the Hellenic Republic to pay the costs.
a member of the Legal Service of the Commission, Wagner
Centre, Kirchberg, Luxembourg.
The Applicant claims that the Court should:                             Pleas in law and main arguments
—     declare that by failing to adopt the laws, regulations            In accordance with the third paragraph of Article 249 of the
      or administrative provisions necessary to comply with             Treaty establishing the European Community, directives are
      Council Directive 96/82/EC of 9 December 1996 on the              binding, as to the result to be achieved, upon each Member
      control of major accident hazards involving dangerous             State to which they are addressed.
      substances (1), or in any event by failing to inform the
      Commission of those measures, Ireland has failed to fulfil
      its obligations under that Directive.                             Under the first paragraph of Article 10 of the Treaty, Member
                                                                        States are to take all appropriate measures, whether general or
—     order Ireland to pay the costs.                                   particular, to ensure fulfilment of the obligations arising out
                                                                        of the Treaty or resulting from action taken by the institutions
                                                                        of the Community.
Pleas in law and main arguments
                                                                        It is not disputed by the Hellenic Republic that it must adopt
Article 249 EC (ex Article 189 of the EC Treaty) under which            measures to comply with the abovementioned directive.
a directive shall be binding as to the result to be achieved,
upon each Member State, carries by implication an obligation
on the Member States to observe the period for compliance               The Commission records that until now the Hellenic Republic
laid down in the directive. That period expired on 3 February           has not adopted the appropriate measures to incorporate that
1999 without Ireland having enacted the provisions necessary            directive fully into Greek law.
to comply with the directive referred to in the conclusions of
the Commission.
                                                                        (1) OJ L 261, 24.9.1998, p. 32.
(1) OJ L 10, 14.1.1997, p. 13.
Action brought on 26 October 2000 by the Commission                     Action brought on 6 November 2000 by the Commission
of the European Communities against the Hellenic Repub-                 of the European Communities against the French Republic
                                lic
                                                                                                  (Case C-403/00)
                         (Case C-397/00)
                        (2000/C 355/34)                                                           (2000/C 355/35)
An action against the Hellenic Republic was brought before              An action against the French Republic was brought before the
the Court of Justice of the European Communities on 26 Octo-            Court of Justice of the European Communities on 6 November
ber 2000 by the Commission of the European Communities,                 2000 by the Commission of the European Communities,
represented by Maria Kondou-Durande, of its Legal Service,              represented by G. Berscheid, Legal Adviser, and A. Bordes, of
with an address for service in Luxembourg at the office of              its Legal Service, acting as Agents, with an address for service
Carlos Gómez de la Cruz, of its Legal Service, Wagner Centre,          in Luxembourg at the office of Carlos Gómez de la Cruz, of its
Kirchberg.                                                              Legal Service, Wagner Centre, Kirchberg.