CELEX: C2000/176/11
Language: en
Date: 2000-06-24 00:00:00
Title: Case C-97/00: Action brought on 13 March 2000 by the Commission of the European Communities against the French Republic

C 176/6                 EN                  Official Journal of the European Communities                                         24.6.2000
Pleas in law and main arguments                                        Action brought on 13 March 2000 by the Commission of
                                                                        the European Communities against the French Republic
The mandatory nature of the provisions of the third paragraph
of Article 249 and the first paragraph of Article 10 EC is such
                                                                                                  (Case C-97/00)
as to oblige Member States to which directives are addressed
to adopt the measures necessary in order to transpose those
directives into their national legal order within the time-limit                                 (2000/C 176/11)
prescribed therein. The time-limit fixed in the present case
expired on 4 December 1998 but the Kingdom of the Nether-
lands has not adopted the necessary measures.                          An action against the French Republic was brought before the
                                                                       Court of Justice on 13 March 2000 by the Commission of the
                                                                       European Communities, represented by Michel Nolin, of its
(1) OJ 1997 L 333, p. 1.
                                                                       Legal Service, acting as Agent, with an address for service in
                                                                       Luxembourg at the office of Carlos Gómez de la Cruz, Wagner
                                                                       Centre, Kirchberg.
                                                                       The applicant claims that the Court should:
Action brought on 8 March 2000 by the Commission of                    — declare that, by failing to communicate the laws, regu-
the European Communities against the Kingdom of the                         lations and administrative measures necessary in order to
                             Netherlands                                    comply fully with the provisions of European Parliament
                                                                            and Council Directive 97/52/EC of 13 October 1997 (1)
                           (Case C-91/00)                                   amending Directives 92/50/EEC (2), 93/36/EEC (3) and
                                                                            93/37/EEC (4), alternatively, by failing to take the necessary
                                                                            measures to comply therewith, the French Republic has
                          (2000/C 176/10)                                   failed to comply with its obligations under that directive;
An action against the Kingdom of the Netherlands was                   — order the French Republic to pay the costs.
brought before the Court of Justice on 8 March 2000 by the
Commission of the European Communities, represented by
H.M.H. Speyart, of its Legal Service, acting as Agent, with an
address for service in Luxembourg at the office of C. Gómez
                                                                       Pleas in law and main arguments
de la Cruz, Wagner Centre, Kirchberg.
The applicant claims that the Court should:                            The pleas in law and main arguments are similar to those
                                                                       advanced in Case C-90/00 (5); the period prescribed by Article
— declare that, by failing to adopt the laws, regulations and          4(1) of the directive expired on 13 October 1998, yet the only
     administrative provisions necessary in order to comply            provisions of Directive 97/52/EC which have been transposed
     with Commission Directive 98/77/EC (1) of 2 October               into the French legal order are those contained in Articles
     1998 adapting to technical progress Council Directive             1(1)(a), 2(1)(a) and 3(1)(a), relating to the thresholds above
     70/220/EEC on the approximation of the laws of the                which notices of contracts must be published in the Official
     Member States relating to measures to be taken against air        Journal of the European Communities.
     pollution by emissions from motor vehicles, the Kingdom
     of the Netherlands has failed to comply with its obligations
     under that directive;
                                                                       (1) concerning the coordination of procedures for the award of public
— order the Kingdom of the Netherlands to pay the costs.                   service contracts, public supply contracts and public works
                                                                           contracts respectively (OJ L 328 of 28.11.1997, p. 1).
                                                                       (2) Council Directive of 18 June 1992 relating to the coordination of
Pleas in law and main arguments                                            procedures for the award of public service contracts (OJ L 209 of
                                                                           24.7.1992, p. 1).
                                                                       (3) Council Directive of 14 June 1993 coordinating procedures for
The pleas in law and main arguments are analogous to those                 the award of public supply contracts (OJ L 199 of 9.8.1993, p. 1).
in Case C-90/00 (2); the time-limit for transposition expired on       (4) Council Directive of 14 June 1993 concerning the coordination
31 December 1998.                                                          of procedures for the award of public works contracts (OJ L 199
                                                                           of 9.8.1993, p. 54).
                                                                        5
                                                                       ( ) See page 5 of this Official Journal.
(1) OJ 1998 L 286, p. 34.
(2) See page 5 of this Official Journal.