CELEX: C1997/212/15
Language: en
Date: 1997-07-12 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 29 May 1997 in Case C-357/96: Commission of the European Communities v. Kingdom of Belgium (Failure by a Member State to fulfil its obligations - Directive 94/15/EC - Failure to transpose within the prescribed period)

No C 212/8             EN                  Official Journal of the European Communities                                 12 . 7. 97
     — Commission Directive 93/21 /EEC of 27 April                         15 April 1994 adapting to technical progress for the
         1993 adapting to technical progress for the 18th                  first time Council Directive 90/220/EEC on the
         time Directive 67/548/EEC, with the exception of                  deliberate release into the environment of genetically
         the provisions of that Directive applicable to                    modified organisms, the Kingdom of Belgium has
         mobile gas cylinders containing butane, propane or                failed to fulfil its obligations under the - first
         liquid petroleum gas, and                                         subparagraph of Article 2 of that Directive;
     — Commission Directive 93/90/EEC of 29 October                   2 . orders the Kingdom of Belgium to pay the costs.
          1 993 concerning the list of substances referred to
         in Article 13 (1 ) (fifth indent) of Directive 67/548/
         EEC,                                                         (') OJ No C 370, 7. 12 . 1996 .
     the Kingdom of Belgium has failed to fulfil its
     obligations under Article 2 of each of those Directives .
2 . The Kingdom of Belgium is ordered to pay the costs.               Action brought on 22 April 1997 by the Commission of
                                                                        the European Communities against the Hellenic Republic
(') OJ No C 354 , 23 . 11 . 1996 .                                                              ( Case C-154/97 )
                                                                                                  ( 97/C 212/16 )
                                                                      An action against the Hellenic Republic was brought
                                                                      before the Court of Justice of the European Communities
                JUDGMENT OF THE COURT                                 on 22 April 1997 by the Commission of the European
                         ( Sixth Chamber)                             Communities, represented by Maria Kondou-Durande, of
                                                                      its Legal Service, with an address for service in
                         of 29 May 1997                               Luxembourg at the office of Carlos Gomez de la Cruz, of
                                                                      its Legal Service, Wagner Centre, Kirchberg.
       in Case C-3 57/96: Commission of the European
             Communities v. Kingdom of Belgium ( J )
                                                                      The applicant claims that the Court should :
(Failure by a Member State to fulfil its obligations —
Directive 94/15/EC — Failure to transpose within the
                        prescribed period)                            — declare that, by not adopting within the prescribed
                           ( 97/C 212/15 )                                 period the laws, regulations and administrative
                                                                           provisions necessary to implement Commission
                                                                           Directive 93/106/EC of 29 November 1993 amending
                 (Language of the case: French)                            Directive 92/76/EEC recognizing protected zones
                                                                           exposed to particular plant health risks in the
                                                                           Community H , the Hellenic Republic has failed to
   (Provisional translation; the definitive translation will be            fulfil its obligations under the Treaty and that
           published in the European Court Reports)                        Directive,
In Case C-357/96 : Commission of the European                         — order the Hellenic Republic to pay the costs .
Communities (Agent: Gotz zur Hausen ) against Kingdom
of Belgium (Agent: Jan Devadder ) — application for a
declaration that, by failing to adopt the laws, regulations           Pleas in law and main arguments adduced in support:
and administrative measures necessary in order to comply
with Commission Directive 94/15/EC of 15 April 1994                   Pursuant to Article 2 of Directive 93/106/EC , the Member
adapting to technical progress for the first time Council             States were to adopt the measures needed to comply with
Directive 90/220/EEC on the deliberate release into the               its provisions by 15 December 1993 and to inform the
environment of genetically modified organisms ( OJ No                  Commission thereof.
L 103 , 22 . 4 . 1994, p. 20 ), the Kingdom of Belgium has
failed to fulfil its obligations under that Directive — the
 Court ( Sixth Chamber ) composed of: G. F. Mancini ,                 The Commission notes that the Hellenic Republic has not
President of the Chamber, J. L. Murray, C. N. Kakouris,                yet brought its legislation into line with the Directive,
 P. J. G. Kapteyn and H. Ragnemalm ( Rapporteur), Judges;              thereby failing to fulfil its obligations under the third
 D. Ruiz-Jarabo Colomer, Advocate-General; R. Grass,                   paragraph of Article 189 and the first paragraph of
 Registrar, gave a judgment on 29 May 1997, in which it:               Article 5 of the Treaty.
                                                                       (') OJ No L 298 , 3 . 12 . 1993 , p . 34 .
 1 . declares that, by failing to adopt the laws, regulations
      and administrative measures necessary in order to
      comply with Commission Directive 94/15/EC of