CELEX: C1996/370/23
Language: en
Date: 1996-12-07 00:00:00
Title: Action brought on 31 October 1996 by the Commission of the European Communities against the Kingdom of Belgium (Case C-357/96)

No C 370/ 10               EN |                    Official Journal of the European Communities                                       7 . 12 . 96
seised second declines jurisdiction, despite the parties in the               Action brought on 31 October 1996 by the Commission of
two cases not being strictly identical , on the ground that the               the European Communities against the Kingdom of
procedural law aipplicable before the court seised first                                                        Belgium
' restricts the opportunity for an insurer to be party to                                                 ( Case C-357/96 )
proceedings in which the insured is involved' so that the
insurer of the vessel is in fact also involved, through the                                                 ( 96/C 370/23 )
intermediary of the insured, in the case brought first ?
                                                                              An action against the Kingdom of Belgium was brought
                                                                              before the Court of Justice of the European Communities
                                                                              on 31 October 1996 by the Commission of the European
                                                                              Communities, represented by Gotz zur Hausen, Legal
                                                                              Adviser, acting as Agent, with an address for service in
Action brought on 31 October 1996 by the Commission of                        Luxembourg at the office of Carlos Gomez de la Cruz,
the European Communities against the Kingdom of                               Wagner Centre, Kirchberg.
                                  Belgium
                            ( Case C-356/96 )                                 The Commission of the European Communities claims that
                                                                              the Court should :
                              ( 96/C 370/22 )
                                                                              — declare that, by failing to adopt the laws, regulations
An action against the Kingdom of Belgium was brought                                 and administrative measures necessary in order to
before the Court of Justice of the European Communities                              comply with Commission Directive 94/ 15/EEC of
on 31 October 1996 by the Commission of the European                                 15 April 1994 ( ] ) adapting to technical progress for the
Communities, represented by Gotz zur Hausen, Legal                                   first time Council Directive 90/220/EEC ( 2 ) on the
Adviser, acting as Agent, with an address for service in                             deliberate release into the environment of genetically
Luxembourg at the office of Carlos Gomez de la Cruz,                                 modified organisms, the Kingdom of Belgium has failed
Wagner Centre, Kirchberg.                                                            to fulfil its obligations under that Directive,
                                                                              — order the Kingdom of Belgium to pay the costs .
The Commission of the European Communities claims that
the Court should :
                                                                              Pleas in law and main arguments adduced in support:
— declare that, by failing to adopt the laws, regulations                     The pleas in law and main arguments are the same as in
      and administrative measures necessary in order to                       Case C-356/96 ( 3 ); the time limit for transposition expired
      comply with Commission Directive 91 /410/EEC of                         on 30 June 1994 .
      22 July 1991 ( ] ) adapting to technical progress for the
       14th time Council Directive 67/548/EEC ( 2 ) on the                    (!) OJ No L 103 , 22 . 4 . 1994, p . 20 .
      approximation of laws, regulations and administrative                   ( 2 ) OJNoL 117, 8 . 5 . 1990 , p . 15 .
      provisions relating to the classification, packaging and                ( 3 ) See Case C-356/96 above .
      labelling of dangerous substances, and/or by failing to
      communicate those measures, the Kingdom of Belgium
      has failed to fulfil its obligations under that Directive,
— order the Kingdom of Belgium to pay the costs.                              Action brought on 31 October 1996 by the Commission of
                                                                              the European Communities against the Kingdom of
                                                                                                                Belgium
Pleas in law and main arguments adduced in support:                                                         Case C-358/96 )
                                                                                                            ( 96/C 370/24 )
In view of the binding nature of directives, as provided for
in the third paragraph of Article 189 of the EC Treaty, and
in view of the first paragraph of Article 5 of that Treaty,                   An action against the Kingdom of Belgium was brought
Member States to whom a directive is addressed are obliged                    before the Court of Justice of the European Communities
to achieve the results pursued by it within the time limit                    on 31 October 1996 by the Commission of the European
prescribed therein, that is to say, to transpose its provisions               Communities, represented by Gotz zur Hausen, Legal
into national law in such a way that it produces its full                     Adviser, acting as Agent, with an address for service in
effect as soon as the time limit for transposition expires.                   Luxembourg at the office of Carlos Gomez de la Cruz,
That time limit expired on 1 August 1992 but the Kingdom                      Wagner Centre, Kirchberg.
of Belgium has not adopted the necessary measures .
                                                                              The Commission of the European Communities claims that
                                                                              the Court should :
f 1 ) OJ No L 228 , 17. 8 . 1991 , p . 67.
( 2 ) OJ , English Special Edition ( 1967 ), p. 234 .
                                                                              — declare that, by failing to adopt the laws, regulations
                                                                                     and administrative measures necessary in order to