CELEX: C1998/041/24
Language: en
Date: 1998-02-07 00:00:00
Title: Action brought on 4 December 1997 by the Commission of the European Communities against the Federal Republic of Germany (Case C-413/97)

C 41/12                EN                   Official Journal of the European Communities                                       7.2.98
The applicant claims that the Court should:                            Action brought on 4 December 1997 by the Commission
                                                                             of the European Communities against the Federal
                                                                                             Republic of Germany
1. declare that, by failing to adopt the laws, regulations                                     (Case C-413/97)
     or administrative provisions necessary to comply with
     Council Directive 92/85/EEC of 19 October 1992                                              (98/C 41/24)
     on the introduction of measures to encourage
     improvements in the safety and health at work of
     pregnant workers and workers who have recently                    An action against the Federal Republic of Germany was
     given birth or are breastfeeding (1), the Grand Duchy             brought before the Court of Justice of the European
     of Luxembourg has failed to fulfil its obligations                Communities on 4 December 1997 by the Commission of
     under that Directive;                                             the European Communities, represented by Michel Nolin,
                                                                       of its Legal Service, acting as Agent, with an address for
                                                                       service in Luxembourg at the office of Carlos Gómez de la
                                                                       Cruz, of its Legal Service, Wagner Centre, Kirchberg.
2. order the Grand Duchy of Luxembourg to pay the
     costs.
                                                                       The applicant claims that the Court should:
Pleas in law and main arguments adduced in support:                    1. declare that, by failing to adopt the laws, regulations
                                                                            or administrative provisions necessary to comply with
                                                                            Council Directive 93/7/EEC of 15 March 1993 on the
The pleas in law and main arguments are analogous with                      return of cultural objects unlawfully removed from the
those relied upon in Case C-406/97 (2), the time-limit for                  territory of a Member State (1), or by failing to inform
transposition expired on 19 October 1994.                                   the Commission thereof, the Federal Republic of
                                                                            Germany has failed to fulfil its obligations under
                                                                            Article 18 of that Directive;
(1) OJ L 348, 28.11.1992, p. 1.
(2) See page 11 of this Official Journal.
                                                                       2. order the Federal Republic of Germany to pay the
                                                                            costs.
                                                                       Pleas in law and main arguments adduced in support:
Reference for a preliminary ruling by the Pretura                      The mandatory nature of the provisions of the third
Circondariale di Bologna by order of that court of                     paragraph of Article 189 of the EC Treaty requires
29 November 1997 in the case of E.D. Srl against Italo                 Member States to adopt the measures necessary to
                            Fenocchio                                  transpose directives addressed to them into their domestic
                                                                       law before the expiry of the period prescribed for doing
                        (Case C-412/97)                                so. In the present case, that period expired on
                                                                       15 December 1993 without the Grand Duchy of
                          (98/C 41/23)
                                                                       Luxembourg having brought into force the necessary
                                                                       provisions (2).
Reference has been made to the Court of Justice of the                 (1) OJ L 74, 27.3.1993, p. 74.
European Communities by order of the Pretura                           (2) See page 11 of this Official Journal.
Circondariale       (Magistrates       Court),   Bologna,     of
29 November 1997, received at the Court Registry on
5 December 1997, for a preliminary ruling in the case of
E.D. Srl against Italo Fenocchio on the following question:
                                                                       Action brought on 5 December 1997 by the Commission
Must the prohibition of issuing an ingiunzione (summary                of the European Communities against the Kingdom of
order) where the same is to be served outside the Republic                                            Spain
or territories subject to Italian sovereignty Ð that
prohibition being laid down by the last paragraph of                                           (Case C-414/97)
Article 633 of the Code of Civil Procedure Ð be regarded                                         (98/C 41/25)
as a restriction or equivalent measure capable of
hindering, directly or indirectly, actually or potentially, the
free movement of goods, services and capital guaranteed                An action against the Kingdom of Spain was brought
by Articles 34, 59 and 73b of the Treaty of Rome?                      before the Court of Justice of the European Communities
                                                                       on 15 December 1997 by the Commission of the
                                                                       European Communities, represented by Miguel Díaz-
                                                                       Llanos La Roche, Legal Adviser, and Carlos Gómez de la