CELEX: C2001/331/13
Language: en
Date: 2001-11-24 00:00:00
Title: Case C-346/01: Action brought on 13 September 2001 by the Commission of the European Communities against the Federal Republic of Germany

24.11.2001            EN                     Official Journal of the European Communities                                      C 331/9
Pleas in law and main arguments                                         Pleas in law and main arguments
                                                                        The pleas in law and main arguments are the same as those in
As a result of the fact that directives are binding in nature           Case C-345/01 (2).
pursuant to the third paragraph of Article 249 EC and the first
paragraph of Article 10 EC, the Member States to which a
directive is addressed are bound to transpose the provisions in         (1) OJ L 330 of 5.12.1998, p. 13.
the directive into domestic law so that they are fully effective        (2) See p. 8 of this Official Journal.
by the time the deadline for transposition expires. That
deadline expired on 5 June 2000 without Austria having
adopted the requisite provisions.
(1) OJ 1998 L 330, p. 13.
(2) OJ 1990 L 117, p. 1.                                                Action brought on 13 September 2001 by the Com-
                                                                        mission of the European Communities against the Federal
                                                                                               Republic of Germany
                                                                                                   (Case C-347/01)
                                                                                                   (2001/C 331/14)
Action brought on 13 September 2001 by the Com-                         An action against the Federal Republic of Germany was
mission of the European Communities against the Federal                 brought before the Court of Justice of the European Communi-
                     Republic of Germany                                ties on 13 September 2001 by the Commission of the
                                                                        European Communities represented by Götz zur Hausen, a
                                                                        legal adviser in the Legal Service of the Commission of
                         (Case C-346/01)                                the European Communities, with an address for service in
                                                                        Luxembourg at the office of Luis Escobar Guerrero, a member
                                                                        of the Legal Service of the European Commission, Wagner
                         (2001/C 331/13)
                                                                        Centre C 254, Kirchberg, Luxembourg.
                                                                        The applicant claims that the Court should:
An action against the Federal Republic of Germany was                   1.    Declare that, by failing to adopt the laws, regulations
brought before the Court of Justice of the European Communi-                  and administrative provisions necessary to comply with
ties on 13 September 2001 by the Commission of the                            Directive 98/8/EC (1) of the European Parliament and of
European Communities represented by Götz zur Hausen, a                        the Council of 16 February 1998 concerning the placing
legal adviser in the Legal Service of the Commission of                       of biocidal products on the market, or at least by failing
the European Communities, with an address for service in                      to communicate them to the Commission, the Federal
Luxembourg at the office of Luis Escobar Guerrero, a member                   Republic of Germany has failed to fulfil its obligations
of the Legal Service of the European Commission, Wagner                       under Article 34(1) of that directive.
Centre C 254, Kirchberg, Luxembourg.
                                                                        2.    Order the Federal Republic of Germany to pay the costs.
The applicant claims that the Court should:
                                                                        Pleas in law and main arguments
1.    Declare that, by failing to adopt the laws, regulations and
      administrative provisions necessary in order to comply
      with Council Directive 98/81/EEC (1) of 26 October 1998           The pleas in law and main arguments are the same as those in
      amending Directive 90/219/EEC on the contained use of             Case C-345/01 (2): the deadline for transposition expired on
      genetically modified micro-organisms, or at least by              14 May 2000.
      failing to inform the Commission thereof, the Federal
      Republic of Germany has failed to fulfil its obligations
                                                                        (1) OJ L 123 of 24.4.1998, p. 1.
      under Article 2(1) of that Directive.
                                                                        (2) See p. 8 of this Official Journal.
2.    Order the Federal Republic of Germany to pay the costs.