CELEX: C1999/226/26
Language: en
Date: 1999-08-07 00:00:00
Title: Case C-189/99: Action brought on 21 May 1999 by the Commission of the European Communities against the Kingdom of Spain

C 226/16              EN                    Official Journal of the European Communities                                      7.8.1999
Appeal brought on 21 May 1999 by Karola Gluiber against                Pleas in law and main arguments
the order made on 16 March 1999 by the First Chamber
of the Court of First Instance of the European Communi-
ties in Case T-147/98 Karola Gluiber versus Council of                 The appellant is contesting an order by which the Court of First
the European Union and Commission of the European                      Instance, without prior notice to the respondents, dismissed as
                         Communities                                   manifestly inadmissible her applications for
                       (Case C-188/99 P)                               — a declaration that certain individual measures taken by
                                                                           German authorities and German courts are null and void;
                        (1999/C 226/25)                                — alternatively, an order requiring the respondent to retract
                                                                           and terminate those measures in accordance with the rules
An appeal against the order made on 16 March 1999 by the                   laid down by the EC Treaty.
First Chamber of the Court of First Instance of the European
Communities in Case T-147/98 Karola Gluiber versus Council
of the European Union and Commission of the European                   She complains that the principle of the right to a fair hearing
Communities was brought before the Court of Justice of the             has been violated,
European Communities on 21 May 1999 by Karola Gluiber,
represented by Dieter Rogalla, Rechtsanwalt, with an address           She infers that her claim is admissible from the fact that the
for service in Luxembourg at the Chambers of Marguit                   Commission is under an obligation to monitor the application
Capus-Leelare, 117 Avenue Gaston Diderich, L-1420 Luxem-               of Directive 76/207/EEC in all Member States and to object to
bourg.                                                                 specific defects until such time as they are eliminated.
The appellant claims that the Court should:
                                                                       (1) Not yet published in the Official Journal.
1. set aside the order made by the Court of First Instance of          (2) OJ L 39 of 14.2.1976, p. 40.
    the European Communities on 16 March 1999 in Case
    T-147/98 (1);
2. declare null and void the individual measures which
    unlawfully discriminate against the appellant on the
    ground of her sex;
3. order the respondent to retract and terminate, in accord-
    ance with the rules laid down by the Treaty on European            Action brought on 21 May 1999 by the Commission of
    Union, the discriminatory measures taken against the               the European Communities against the Kingdom of Spain
    appellant by the Federal Republic of Germany, as a Member
    State of the Community, and by its federal organs (the
    Länder);                                                                                     (Case C-189/99)
4. order the respondent to pay to the appellant the total sum
    of DM 4 877 (four thousand eight hundred and seventy                                        (1999/C 226/26)
    seven German marks) plus interest in respect of periods to
    be fixed, being the expense incurred by the appellant in           An action against the Kingdom of Spain was brought before
    the proceedings brought by her to no avail before the              the Court of Justice of the European Communities on 21 May
    German courts;                                                     1999 by the Commission of the European Communities,
                                                                       represented by Götz zur Hausen, Legal Adviser and Gregorio
5. order the respondent to pay the costs of the present                Valero Jordana, a member of its Legal Service, with an address
    proceedings;                                                       for service in Luxembourg at the office of Carlos Gómez de la
                                                                       Cruz of its Legal Service, Wagner Centre.
6. alternatively, stay the proceedings pursuant to Article
    82a(1)(b) of the Rules of Procedure of the Court of Justice
    in order to enable a preliminary ruling to be obtained from        The applicant claims that the Court should:
    the European Court of Human Rights concerning the
    finding that the incomplete transposition into German law          1. declare that the Kingdom of Spain has failed to fulfil its
    of Council Directive 76/207/EEC (2) infringes, as regards              obligations under the third indent of Article 3(2), Article 4
    the appellant:                                                         and Article 5 of Council Directive 90/313/EEC (1) of 7 June
                                                                           1990 on the freedom of access to information on the
    (a) Article 6 of the European Convention on Human                      environment by adopting legislation which fails to comply
        Rights (‘ECHR’)                                                    with those provisions of that directive;
    (b) Article 11 of the ECHR;                                        2. declare that the Kingdom of Spain has failed to fulfil its
                                                                           obligations under Article 5 of the directive cited by
    (c) Article 14 of the ECHR; and                                        permitting high fees laid down by legislation bearing no
                                                                           relation to that transposing the directive to be charged for
    (d) Article 50 of the ECHR.                                            the supply of information; and
 ---pagebreak--- 7.8.1999                EN                     Official Journal of the European Communities                                          C 226/17
3. order the Kingdom of Spain to pay the costs.                           Commission of the European Communities, represented by
                                                                          Mr Peter Oliver, Legal Adviser, acting as agent with an address
                                                                          for service in Luxembourg at the office of Mr Carlos Gómez
                                                                          de la Cruz, Centre Wagner.
Pleas in law and main arguments
— (Legislation does not comply)                                           The Applicant claims that the Court should:
                                                                          — declare that by failing to adopt the laws, regulations or
     Law 38/1995 of 12 December (2) on the right of access to                  administrative provisions necessary to comply with
     information on the environment does not comply with the                   Council Directive 96/43/EC (1) amending and consolidating
     third indent of Article 3(2) in so far as it provides that the            Directive 85/73/EEC (2) in order to ensure financing of
     public authorities may refuse to provide information where                veterinary inspections and controls on live animals and
     it relates to files which have been the subject-matter of                 certain animal products and amending Directives
     actions in the past.                                                      90/675/EEC (3) and 91/496/EEC (4) and/or by failing to
                                                                               inform the Commission thereof, Ireland has failed to fulfil
— Further, in imposing an obligation on the public authorities                 its obligations under that Directive, and
     to respond to requests for information ‘as soon as possible
     and within a period of two months’, and to ‘indicate its             — order Ireland to pay the costs.
     reasons for refusing requests for information’, Law
     38/1995 recognises silence on the part of the adminis-
     tration as being sufficient to be an implied rejection of a          Pleas in law and main arguments
     request for information.
— Finally, the necessary legal provisions are not in place                Article 249 EC (ex Article 189), under which a directive shall
     either to establish that information on the environment is           be binding, as to the result to be achieved, upon each Member
     free or to fix the prices to be charges for supplying such           State, carries by implication an obligation on the Member
     information; in the latter case, to ensure compliance with           States to observe the period for compliance laid clown in the
     Article 5 of the directive, the charges laid clown may not           directive. That period has expired without Ireland having
     exceed a reasonable cost.                                            enacted the provisions necessary to comply with the directive
                                                                          referred to in the conclusions of the Commission.
— The Commission considers that, in one specific case,
     the Spanish authorities simply mechanically applied an               (1) of 26 June 1996 (OJ L 162, 1.7.1996, p. 1).
     internal rule on charges the application of which is                 (2) of 29 January 1985 on the financing of health inspections and
     contrary to Article 5 of the directive because the charge,               controls of fresh meat and poultrymeat (OJ L 32, 5.2.1985, p. 14).
     which is payable prior to the requested documentation                (3) of 10 December 1990 laying down the principles governing the
     being provided, exceeds a reasonable cost. The Spanish                   organization of veterinary checks on products entering the
     administration failed to take the directive into account and,            Community from third countries (OJ L 373, 31.12.1990, p. 1).
     as it acknowledged, the fee was charged not in respect of            (4) of 15 July 1991 laying down the principles governing the
                                                                              organization of veterinary checks on animals entering the Com-
     the supply of information on the environment but pursu-                  munity from third countries and amending Directives
     ant to national legislation on the supply of technical                   89/662/EEC, 90/425/EEC and 90/675/EEC (OJ L 268, 24.9.1991,
     studies, without regard being had to the definition of                   p. 56).
     information relating to the environment given in Article
     2(a) of the directive.
(1) OJ 1990 L 158, p. 56.
(2) Boletin Oficial de España 297, of 13.12.1995.
                                                                          Reference for a preliminary ruling by the High Court of
                                                                          Justice (England and Wales), Queen’s Bench Division,
                                                                          Crown Office, by order of that Court of 14 April 1999, in
                                                                          the case of The Queen against Secretary of State for the
                                                                                    Home Department, Ex parte: Manjit Kaur
Action brought on 21 May 1999 by the Commission of                                                  (Case C-192/99)
          the European Communities against Ireland
                                                                                                    (1999/C 226/28)
                          (Case C-190/99)                                 Reference has been made to the Court of Justice of the
                                                                          European Communities by an order of the High Court of
                          (1999/C 226/27)                                 Justice (England and Wales), Queen’s Bench Division, Crown
                                                                          Office, of 14 April 1999, which was received at the Court
                                                                          Registry on 25 May 1999, for a preliminary ruling in the case
An action against Ireland was brought before the Court of                 of The Queen against Secretary of State for the Home
Justice of the European Communities on 21 May 1999 by the                 Department, Ex parte: Manjit Kaur, on the following questions: