CELEX: C2000/163/29
Language: en
Date: 2000-06-10 00:00:00
Title: Case C-124/00: Action brought on 30 March 2000 by the Commission of the European Communities against the Hellenic Republic

C 163/16              EN                     Official Journal of the European Communities                                      10.6.2000
Reference for a preliminary ruling by the Bezirksgericht                civil subsonic jet aeroplanes’ as including ‘civil subsonic jet
Innere Stadt Wien by order of 21 March 2000 in the                      aeroplanes’ as defined at Article 2(1) thereof that have been
         criminal proceedings against Walter Hahn                       modified to meet Chapter 3 standards by being completely re-
                                                                        engined with engines having a by-pass ratio of less than three
                        (Case C-121/00)                                 having regard in particular to:
                        (2000/C 163/27)                                 I.   the duty to give reasons under Article 253 of the EC Treaty
Reference has been made to the Court of Justice of the                  II. the principle of equal treatment
European Communities by order of 21 March 2000 by the
Bezirksgericht Innere Stadt Wien (Inner City of Vienna District         III. the principle of proportionality
Court), which was received at the Court Registry on 30 March
2000, for a preliminary ruling in criminal proceedings against          IV. the compatibility of that provision with the Agreement
Walter Hahn on the following questions:                                      establishing the World Trade Organisation and in particu-
                                                                             lar the Agreement on Technical barriers to Trade annexed
Is Council Directive 91/493/EEC of 22 July 1991 (1) laying                   thereto.
down the health conditions for the production and the placing
on the market of fishery products, which has been incorporated
into national law by the Verordnung der Bundesministerin für            (1) OJ L 115, 04.05.1999, p. 1 and Corrigendum OJ L 120,
Frauenangelegenheiten und Verbraucherschutz über Hygiene-                   08.05.1999, p. 47.
bestimmungen für das Inverkehrbringen von Fischerzeugnis-
sen (Fischhygieneverordnung, BGBl. No 260/1997) (Order of
the Federal Minister for Women and Consumer Protection
concerning health regulations for the placing on the market of
fishery products), to be interpreted in its entirety as precluding
the application of provisions of national law which, in respect
of fishery products not chemically preserved (in particular,
smoked salmon), lay down a policy of zero tolerance towards
contamination of such foods with listeria monocytogenes?                Action brought on 30 March 2000 by the Commission of
                                                                        the European Communities against the Hellenic Republic
(1) OJ 1991 L 268, p. 15.
                                                                                                 (Case C-124/00)
                                                                                                 (2000/C 163/29)
                                                                        An action against the Hellenic Republic was brought before
Reference for a preliminary ruling by the High Court,                   the Court of Justice of the European Communities on 30 March
Dublin, by order of that court of 21 March 2000, in the                 2000 by the Commission of the European Communities,
case of Omega Air Ltd, Aero Engines Ireland Ltd and                     represented by Richard Wainwright, Principal Legal Adviser in
Omega Aviation Services Ltd against the Irish Aviation                  its Legal Service, and Panagiotis Panagiotopoulos, a national
                           Authority                                    civil servant on secondment to its Legal Service, with an
                                                                        address for service in Luxembourg at the office of Carlos
                        (Case C-122/00)                                 Gómez de la Cruz, of its Legal Service, Wagner Centre,
                                                                        Kirchberg.
                        (2000/C 163/28)
                                                                        The Commission claims that the Court should:
Reference has been made to the Court of Justice of the
European Communities by an order of the High Court, Dublin              — declare that, by not adopting and by not communicating
of 21 March 2000, which was received at the Court Registry                   to the Commission, within the time-limit laid down, the
on 23 March 2000, for a preliminary ruling in the case of                    laws, regulations and administrative provisions necessary
Omega Air Ltd, Aero Engines Ireland Ltd and Omega Aviation                   to comply fully with Directive 97/54/EC of the European
Services Ltd against the Irish Aviation Authority, on the                    Parliament and of the Council of 23 September 1997 (1)
following question:                                                          amending, as regards the maximum design speed of
                                                                             wheeled agricultural or forestry tractors, Council Directives
Is Article 2(2) of Council Regulation (EC) No 925/1999 (1) of                74/150/EEC, 74/151/EEC, 74/152/EEC, 74/346/EEC,
the 29th day of April 1999 on the registration and operation                 74/347/EEC, 75/321/EEC, 75/322/EEC, 76/432/EEC,
within the Community of certain types of civil subsonic jet                  76/763/EEC, 77/311/EEC, 77/537/EEC, 78/764/EEC,
aeroplanes which have been modified and recertificated as                    78/933/EEC, 79/532/EEC, 79/533/EEC, 80/720/EEC,
meeting the standards of Volume 1 Part II Chapter 3 of Annex                 86/297/EEC, 86/415/EEC and 89/173/EEC, the Hellenic
16 to the Convention on International Civil Aviation third                   Republic has failed to fulfil its obligations under the EC
edition (July 1993) invalid is so far as it defines ‘recertificated          Treaty;
 ---pagebreak--- 10.6.2000             EN                   Official Journal of the European Communities                                     C 163/17
— order the Hellenic Republic to pay the costs.                       Pleas in law and main arguments
                                                                      The pleas in law and main arguments are analogous to those
Pleas in law and main arguments                                       in Case C-105/00 (2); the time-limit for transposition expired
                                                                      on 18 December 1998.
The Member States are required by the binding character of
the third paragraph of Article 249 EC and of Article 10 EC (ex        (1) OJ 1997 L 226, p. 1.
                                                                      (2) See p. 10 of this Official Journal.
third paragraph of Article 189 and Article 5 of the EC Treaty)
to adopt the measures needed to transpose directives into
national law before the expiry of the period laid down for that
purpose and to communicate those measures immediately to
the Commission. That period expired on 23 September 1998
without the Hellenic Republic having communicated to the
Commission the provisions transposing the directive at issue          Action brought on 31 March 2000 by the Commission
into national law.                                                    of the European Communities against the Portuguese
                                                                                                      Republic
(1) OJ L 277, 10.10.1997, p. 24.
                                                                                                 (Case C-126/00)
                                                                                                 (2000/C 163/31)
                                                                      An action against the Portuguese Republic was brought before
                                                                      the Court of Justice of the European Communities on 31 March
                                                                      2000 by the Commission of the European Communities,
                                                                      represented by António Caeiros, of its Legal Service, acting as
Action brought on 31 March 2000 by the Commission                     Agent, with an address for service in Luxembourg at the office
of the European Communities against the Portuguese                    of Carlos Gómez de la Cruz, of its Legal Service, Wagner
                             Republic                                 Centre, Kirchberg.
                                                                      The applicant claims that the Court should:
                         (Case C-125/00)
                                                                      — Declare that, by failing to adopt and bring into force the
                         (2000/C 163/30)                                   laws, regulations and administrative provisions necessary
                                                                           to comply with Commission Directive 98/77/EC (1) of
                                                                           2 October 1998 adapting to technical progress Council
An action against the Portuguese Republic was brought before               Directive 70/220/EEC (2) on the approximation of the laws
the Court of Justice of the European Communities on 31 March               of the Member States relating to measures to be taken
2000 by the Commission of the European Communities,                        against air pollution by emissions from motor vehicles,
represented by António Caeiros, of its Legal Service, acting as           within the period prescribed by Article 4(1) thereof, the
Agent, with an address for service in Luxembourg at the office             Portuguese Republic has failed to fulfil its obligations
of Carlos Gómez de la Cruz, of its Legal Service, Wagner                  under the first paragraph of Article 10 and the fourth
Centre, Kirchberg.                                                         paragraph of Article 249 of the EC Treaty, as well as
                                                                           Article 4(1) of Directive 98/77/EC;
The applicant claims that the Court should:                           — Declare, in the alternative, that by failing to inform the
                                                                           Commission immediately of such measures, the Portuguese
— Declare that, by failing to adopt and bring into force                   Republic failed to fulfil its obligations under the same
    within the prescribed period the laws, regulations and                 provisions;
    administrative provisions necessary to comply with Direc-
    tive 97/24/EC (1) of the European Parliament and of the           — Order the Portuguese Republic to pay the costs.
    Council of 17 June 1997 on certain component and
    characteristics of two or three-wheel motor vehicles, the
    Portuguese Republic has failed to fulfil its obligations          Pleas in law and main arguments
    under the first paragraph of Article 10 and the third
    paragraph of Article 249 of the EC Treaty as well as Article      The pleas in law and main arguments are analogous to those
    8(10) of Directive 97/24/EC; and                                  in Case C-105/00 (3) the time-limit for transposition expired
                                                                      on 31 December 1998.
— Declare, in the alternative, that, by failing to inform the
    Commission immediately of such measures, the Portuguese           (1) OJ 1998 L 286, p. 34.
    Republic failed to fulfil its obligations under the same          (2) OJ 1970 L 76, p. 1.
    provisions;                                                       (3) See p. 10 of this Official Journal.
— Order the Portuguese Republic to pay the costs.