CELEX: C1995/286/14
Language: en
Date: 1995-10-28 00:00:00
Title: Action brought on 20 September 1995 by the Commission of the European Communities against the United Kingdom (Case C-300/95)

No C 286/6             EN                   Official Journal of the European Communities                                     28 . 10 . 95
who is domiciled in Ireland against a respondent who is                Communities on 15 September 1995 by the Commission of
domiciled in Belgium that the applicant has previously                 the European Communities, represented by Gotz zur
obtained in order for maintenance against the                          Hausen , Legal Adviser, with an address for service in
respondent ?                                                           Luxembourg at the office of Carlos Gomez de la Cruz, of the
                                                                       Legal Service, Wagner Centre C 254 , Kirchberg.
                                                                       The applicant claims that the Court should :
                                                                       1 . declare that, by failing to adopt within the prescribed
Action brought on 15 September 1995 by the Commission                        time lmits all the measures necessary in order to
of the European Communities against the Federal Republic                     comply with Articles 3 and 5 of Council Directive
                             of Germany                                      78/659/EEC (') of 18 July 1978 on the quality of fresh
                        ( Case C-297/95 )                                    waters needing protection or improvement in order to
                           ( 95/C 286/ 12 )                                  support fish life and Articles 3 and 5 of Council
                                                                             Directive 79/923/EEC ( 2 ) of 30 October 1979 on the
                                                                             quality required of shellfish waters, the Federal Republic
An action against the Federal Republic of Germany was                        of Germany has failed to fulfil its obligations under the
brought before the Court of Justice of the European                          EC Treaty;
Communities on 15 September 1995 by the Commission of
the European Communities, represented by Gotz zur                      2 . order the Federal Republic of Germany to pay the
Hausen, Legal Adviser, with an address for service in                        costs .
Luxembourg at the office of Carlos Gomez de la Cruz, of the
Legal Service, Wagner Centre C 254 , Kirchberg.
                                                                       Pleas in law and main arguments adduced in support:
The applicant claims that the Court should :
                                                                       The pleas in law and main arguments are the same as in Case
1 . declare that, by failing to adopt within the prescribed            C-297/95 (■'); the time limits expired on 20 July 1980 and
     time limit all the measures necessary in order to comply          5 November 1981 respectively . As regards in particular the
     with Council Directive 91 /271 /EEC of 21 May 1991                obligation to set values under Article 3 of each Directive, the
     concerning urban waste water treatment ( 1 ), the Federal         need for binding national rules arises from the fact that that
     Republic of Germany has failed to fulfil its obligations          measure is intended to improve the quality of edible fish and
     under the EC Treaty;                                              shellfish products and thereby indirectly to contribute to the
                                                                       protection of the health of humans .
2 . order the Federal Republic of Germany to pay the
     costs .                                                           (') OJ No L 222 , 14 . 8 . 1978 , p. 1 .
                                                                       ( 2 ) OJ No L 281 , 10 . 11 . 1979 , p. 47 .
                                                                       (') See page 6 of this Official Journal .
Pleas in law and main arguments adduced in support:
It is apparent from the mandatory nature of directives, as
laid down by the third paragraph of Article 1 89 and the first
paragraph of Article 5 of the EC Treaty, that a Member State
to which a directive is addressed is obliged to transpose the
provisions of the directive into national law in such a way
that they take full practical effect from the expiry of the time       Action brought on 20 September 1995 by the Commission
limit for transposition . That time limit expired on 30 June                  of the European Communities against the United
 1993 , but the Federal Republic of Germany has failed to                                             Kingdom
adopt all the necessary national measures .                                                      ( Case C-300/95 )
                                                                                                   ( 95/C 286/ 14 )
 (') OJ No L 135 , 30 . 5 . 1991 , p . 40 .
                                                                       An action against the United Kingdom was brought before
                                                                       the Court of Justice of the European Communities on
                                                                       20 September 1995 by the Commission of the European
                                                                        Communities, represented by Mr Peter Oliver, member of
                                                                        the Legal Service , acting as agent, with an address for service
 Action brought on 15 September 1995 by the Commission                  in Luxembourg at the office of Mr Carlos Gomez de la Cruz,
 of the European Communities against the Federal Republic               Centre Wagner, Kirchberg.
                              of Germany
                         ( Case C-298/95 )
                                                                        The applicant claims that the Court should:
                            ( 95/C 286/13 )
                                                                        1 . declare that in failing to take all the measures necessary
 An action against the Federal Republic of Germany was                        to implement Council Directive 85/374/EEC of 25 July
 brought before the Court of Justice of the European                          1985 concerning the approximation of the laws,
 ---pagebreak--- 28 . 10 . 95          1 EN 1                Official Journal of the European Communities                                  No C 286/7
     regulations and administrative provisions of the                  upon each Member State to which it is addressed, Member
     Member States with regard to liability for defective              States are required to observe the time limits laid down in
     products ('), and in particular Article 7 ( e ) thereof, the      directives for their transposition . That time limit expired on
     United Kingdom has failed to fulfil its obligations under         30 June 1993 without the Italian Republic having brought
     the Directive and under the EC Treaty;                            into force the necessary provisions in order to comply with
                                                                       the Directive referred to in the Commission 's application .
2 . order the United Kingdom to pay the costs .
                                                                       (') OJ No L 135 , 30 . 5 . 1991 , p . 40 .
Pleas in law and main arguments adduced in support:
Article 7 ( e ) of the Directive seeks to resolve the question as
to who must bear the risk of developments in the state of
scientific and technical knowledge in relation to the
possibility of discovering the defect. The test in Article 7 ( e )
is objective whereas that in Section 4 ( 1 ) ( e ) of Part I of the
Consumer Protection Act 1987, by which the United                      Action brought on 25 September 1995 by the Commission
Kingdom sought to implement the Directive, is subjective .                   of the European Communities against the Italian
The United Kingdom has thereby converted the strict                                                   Republic
liability imposed by Article 1 of the Directive into mere                                         Case C-303/95 )
liability for negligence .                                                                        ( 95/C 286/ 16 )
(') OJ No L 210 , 7 . 8 . 1985 , p . 29 .
                                                                       An action against the Italian Republic was brought before
                                                                       the Court of Justice of the European Communities on
                                                                       25 September 1995 by the Commission of the European
                                                                       Communities, represented by Laura Pignataro and Maria
                                                                       Condou Durande, of its Legal Service, acting as Agents, with
                                                                       an address for service in Luxembourg at the office of Carlos
                                                                       Gomez de la Cruz, of its Legal Service, Wagner Centre ,
Action brought on 25 September 1995 by the Commission                  Kirchberg.
      of the European Communities against the Italian
                              Republic
                                                                       The applicant claims that the Court should :
                         ( Case C-302/95 )
                           ( 95/C 286/15 )                             1 . declare that, by failing to adopt or, in any event, notify
                                                                            the laws, regulations or administrative provisions
An action against the Italian Republic was brought before                   necessary to comply with Council Directive 91 /1 57/EEC
the Court of Justice of the European Communities on                         of 18 March 1991 (') on batteries and accumulators
25 September 1995 by the Commission of the European                         containing certain dangerous substances, the Italian
Communities, represented by Laura Pignataro and                             Republic has failed to fulfil its obligations under that
Dominique Maidani of its Legal Service, acting as Agents,                   Directive and the EC Treaty;
with an address for service in Luxembourg at the office of
Carlos Gomez de la Cruz, of its Legal Service, Wagner                  2 . order the Italian Republic to pay the costs .
Centre, Kirchberg.
                                                                       Pleas in law and main arguments adduced in support:
The applicant claims that the Court should:
                                                                       Under Article 189 of the EC Treaty, according to which a
 1 . declare that, by failing to adopt or, in any event, notify        directive is to be binding, as to the result to be achieved ,
     the laws , regulations or administrative provisions               upon each Member State to which it is addressed , Member
     necessary to comply with Council Directive 91 /271/EEC            States are required to observe the time limits laid down in
     of 21 May 1991 ( 5 ) concerning urban waste water                 directives for their transposition . That time limit expired on
     treatment, the Italian Republic has failed to fulfill its          18 September 1992 without the Italian Republic having
     obligations under that Directive and the EC Treaty;               brought into force the necessary provisions in order to
                                                                       comply with the Directive referred to in the Commission's
2 . order the Italian Republic to pay the costs .                      application .
 Pleas in law and main arguments adduced in support:                    (') OJ No L 78 , 26 . 3 . 1991 , p . 38 .
 Under Article 189 of the EC Treaty, according to which a
 directive is to be binding, as to the result to be achieved,