CELEX: C1996/064/07
Language: en
Date: 1996-03-02 00:00:00
Title: JUDGMENT OF THE COURT (Fifth Chamber) of 14 December 1995 in Case C-161/94: Commission of the European Communities v. Ireland (Failure to fulfil obligations - Directive 90/425/EEC - Veterinary checks - Failure to transpose)

No C 64/4              EN                 Official Journal of the European Communities                                       2 . 3 . 96
      1991 laying down the principles governing the                         the internal market, Ireland has failed to fulfil its
      organization of veterinary checks on animals entering                 obligations under Article 26 of that Directive;
      the Community from third countries and amending
      Directives 89/662/EEC, 90/425/EEC and 90/675/EEC,
      Ireland has failed to fulfil its obligations under              2 . orders Ireland to pay the costs.
      Article 30 (1 ) of that Directive;
                                                                      (') OJ No C 202 , 23 . 7 . 1994 .
 2 . orders Ireland to pay the costs.
 (') OJ No C 174, 25 . 6 . 1994 .
                                                                                     JUDGMENT OF THE COURT
                                                                                           of 14 December 1995
                                                                     in Joined Cases C-163/94, C-165/94 and C-250/94
                                                                      ( references for a preliminary ruling from the Juzgado
                                                                      Central de lo Penal de la Audiencia Nacional ): criminal
                                                                     proceedings against Lucas Emilio Sanz de Lera and
                                                                                                    Others (M
               JUDGMENT OF THE COURT                                  (Capital movements — Non-member countries — National
                         ( Fifth Chamber )                                     authorization for the transfer of banknotes)
                      of 14 December 1995                                                        ( 96/C 64/08 )
in Case C-161/94: Commission of the European
                  Communities v. Ireland (')
                                                                                      (Language of the case: Spanish)
 (Failure to fulfil obligations — Directive 90/425/EEC —
           Veterinary checks — Failure to transpose)
                            ( 96/C 64/07 )                           (Provisional translation; the definitive translation will be
                                                                               published in the European Court Reports)
                (Language of the case: English)                      In Joined Cases C-163/94, C-165/94 and C-250/94 :
                                                                     references to the Court under Article 177 of the EC Treaty
                                                                     from the Juzgado Central de lo Penal de la Audiencia
In Case C-161/94 : Commission of the European                        Nacional ( High Court, Criminal Section ), Spain, for a
Communities ( Agents: Jose Luis Iglesias Buhigues and James          preliminary ruling in the criminal proceedings pending
Macdonald Flett) v. Ireland ( Agent: Michael A. Buckley) —           before that court against Lucas Emilio Sanz de Lera ,
application for a declaration that, by failing to bring into         Raimundo Diaz Jimenez and Figen Kapanoglu — on the
force the laws, regulations and administrative provisions            interpretation of Articles 73b, 73c ( 1 ) and 73d ( 1)(b ) of the
necessary to comply with Council Directive 90/425/EEC of             EC Treaty — the Court, composed of G. C. Rodriguez
26 June 1990 concerning veterinary and zootechnical                  Iglesias, President, C. N. Kakouris and G. Hirsch ( Presidents
checks applicable in intra-Community trade in certain live           of Chambers ), G. F. Mancini, F. A. Schockweiler, P. J. G.
animals and products with a view to the completion of the            Kapteyn ( Rapporteur), C. Gulmann, J. L. Murray, P. Jann,
internal market ( OJ No L 224, 1990, p. 29 ), Ireland has            H. Ragnemalm and L. Sevón, Judges; G. Tesauro,
failed to fulfil its obligations under that Directive, in            Advocate-General ; D. Louterman-Hubeau, Principal
particular Article 26 thereof, and under the Treaty                  Administrator, for the Registrar, gave a judgment on
establishing the European Community — the Court ( Fifth              14 December 1995 , the operative part of which is as
                                                                     follows :
Chamber ), composed of: D. A. O. Edward ( Rapporteur ),
President of the Chamber, J. C. Moitinho de Almeida , C.
Gulmann, L. Sevón and M. Wathelet, Judges; C. O. Lenz,
Advocate-General ; R. Grass, Registrar, has given a                  1 . Articles 73b (1 ) and 73d (1)(b) of the EC Treaty
judgment on 14 December 1995 , in which it:                                preclude rules which make the export of coins,
                                                                           banknotes or bearer cheques conditional on prior
                                                                           authorization but do not by contrast preclude a
                                                                           transaction of that nature being made conditional on a
1 . declares that, by failing to bring into force all the laws,            prior declaration. Such rules do not fall within the scope
     regulations and administrative provisions necessary to                of Article 73c (1 ) of the Treaty;
     comply with Council Directive 90/425/EEC of 26 June
     1990 concerning veterinary and zootechnical checks
     applicable in intra-Community trade in certain live             2 . Article 73b (1 ), in conjunction with Articles 73c and
     animals and products with a view to the completion of                 73d (1)(b) of the Treaty, may be relied on before