CELEX: C1999/100/24
Language: en
Date: 1999-04-10 00:00:00
Title: Case C-47/99: Action brought on 16 February 1999 by the Commission of the European Communities against the Grand Duchy of Luxembourg

C 100/14             EN                 Official Journal of the European Communities                                   10.4.1999
Action brought on 16 February 1999 by the Commission               Communities on 16 February 1999 by the Commission of
of the European Communities against the Grand Duchy of             the European Communities, represented by Dimitrios
                         Luxembourg                                Gouloussis, Legal Adviser, acting as Agent, with an
                                                                   address for service in Luxembourg at the Office of Carlos
                        (Case C-47/99)                             Gómez de la Cruz, Wagner Centre, Kirchberg.
                       (1999/C 100/24)
                                                                   The Commission of the European Communities claims
An action against the Grand Duchy of Luxembourg was                that the Court should:
brought before the Court of Justice of the European
Communities on 16 February 1999 by the Commission of               Ð declare that, by failing within the prescribed period
the European Communities, represented by Dimitrios                     to adopt, alternatively to communicate to the
Gouloussis, Legal Adviser, acting as Agent, with an                    Commission, the laws, regulations and administrative
address for service in Luxembourg at the Office of Carlos              measures necessary in order fully to comply with
Gómez de la Cruz, Wagner Centre, Kirchberg.                            Council Directive 93/104/EEC of 23 November 1993
                                                                       concerning certain aspects of the organisation of
The Commission of the European Communities claims                      working time (1), the Grand Duchy of Luxembourg
that the Court should:                                                 has failed to fulfil its obligations under the Treaty and
                                                                       under that directive;
Ð declare that, by failing within the prescribed period to
    adopt, alternatively to communicate to the                     Ð order the Grand Duchy of Luxembourg to pay the
    Commission, the laws, regulations and administrative               costs.
    measures necessary in order fully to comply with
    Council Directive 94/33/EC of 22 June 1994 on the
    protection of young persons at work (1), the Grand             Pleas in law and main arguments adduced in support
    Duchy of Luxembourg has failed to fulfil its
    obligations under the EC Treaty and under that
    directive;                                                     Under Article 189 of the EC Treaty, according to which a
                                                                   directive is to be binding, as to the result to be achieved,
                                                                   upon each Member State to which it is addressed,
Ð order the Grand Duchy of Luxembourg to pay the                   Member States are required to observe the time-limits laid
    costs.                                                         down in directives for their transposition. The time-limit
                                                                   in the present case expired on 23 November 1996 without
                                                                   the Grand Duchy of Luxembourg having brought into
Pleas in law and main arguments adduced in support                 force the necessary provisions in order to comply with the
                                                                   directive referred to in the Commission's application.
Under Article 189 of the EC Treaty, according to which a
directive is to be binding, as to the result to be achieved,       (1) OJ L 307, 13.12.1993, p. 18.
upon each Member State to which it is addressed,
Member States are required to observe the time-limits laid
down in directives for their transposition. The time-limit
in the present case expired on 22 June 1996 without the
Grand Duchy of Luxembourg having brought into force
the necessary provisions in order to comply with the
directive referred to in the Commission's application.
                                                                   Appeal brought on 12 February 1999 by Associazione
 1                                                                 Nazionale Bieticoltori (ANB), Francesco Coccia and
( ) OJ L 216, 20.8.1994, p. 12.
                                                                   Vincenzo Di Giovine against the order made on
                                                                   8 December 1998 by the Fourth Chamber (Extended
                                                                   Composition) of the Court of First Instance of the
                                                                   European Communities in Case T-38/98 Associazione
                                                                   Nazionale Bieticoltori (ANB), Francesco Coccia and
                                                                     Vincenzo Di Giovine v. Council of the European Union
                                                                                          (Case C-49/99 P)
Action brought on 16 February 1999 by the Commission
of the Europan Communities against the Grand Duchy of                                     (1999/C 100/26)
                         Luxembourg
                        (Case C-48/99)
                                                                   An appeal has been brought before the Court of Justice of
                       (1999/C 100/25)                             the European Communities on 12 February 1999 by
                                                                   Associazione Nazionale Bieticoltori (ANB), Francesco
                                                                   Coccia and Vincenzo Di Giovine, represented by Luigi
An action against the Grand Duchy of Luxembourg was                Filippo Paolucci and Gian Piero Galletti, of the Bologna
brought before the Court of Justice of the European                Bar, with an address for service in Luxembourg at the