CELEX: C1997/295/34
Language: en
Date: 1997-09-27 00:00:00
Title: Action brought on 1 August 1997 by the Commission of the European Communities against the Portuguese Republic (Case C-285/97)

27. 9 . 97                EN                   Official Journal of the European Communities                                   C 295/21
Pleas in law and main arguments adduced in support:                       Action brought on 1 August 1997 by the Commission of
                                                                          the European Communities against the Portuguese
The third paragraph of Article 189 of the EC Treaty                                                          Republic
requires the Member States to which a directive is                                                    ( Case C-285/97)
addressed to ensure that their legislation is in compliance
with the directive within the prescribed period . When the                                              ( 97/C 295/34 )
period prescribed in Article 10 of Directive 92/73/EEC
expired on 31 December 1993 , France had not adopted
the necessary measures .                                                  An action against the Portuguese Republic was brought
                                                                          before the Court of Justice of the European Communities
(>) OJ L 297, 13 . 10 . 1992 , p . 8 .
                                                                          on 1 August 1997 by the Commission of the European
( 2 ) OJ , English Special Edition 1965— 1966 , p. 20 .                   Communities, represented by Francisco de Sousa Fialho,
(») OJ L 147, 9 . 6 . 1975 , p . 13 .                                     of its Legal Service, acting as Agent, with an address for
                                                                          service in Luxembourg at the office of Carlos Gomez de la
                                                                          Cruz, Wagner Centre, Kirchberg.
                                                                          The applicant claims that the Court should:
Action brought on 1 August 1997 by the Commission of
the European Communities against the Kingdom of                           — declare that, by failing to adopt the laws, regulations
                                 Belgium                                         or administrative provisions necessary to comply with
                           ( Case C-283/97 )                                     Commission Directive 94/5 1 /EC (') of 7 November
                                                                                 1994 adapting to technical progress Council Directive
                             ( 97/C 295/33 )                                     90/21 9/EEC ( 2 ) on the contained use of genetically
                                                                                 modified micro-organisms, the Portuguese Republic
                                                                                 has failed to fulfil its obligations under the third
An action against the Kingdom of Belgium was brought                             paragraph of Article 189 of the EC Treaty and
before the Court of Justice on 1 August 1997 by the                              Article 2 of Directive 94/5 1 /EC,
Commission of the European Communities, represented
by Fernando Castillo de la Torre, of its Legal Service,
and O. Couvert-Castera, a national civil servant on                       — declare, in the alternative, that, by failing to inform
secondment to that service, acting as Agents, with an                            the Commission forthwith of such measures, the
address for service in Luxembourg at the office of Carlos                        Portuguese Republic failed to fulfil its obligations
Gomez de la Cruz, Wagner Centre, Kirchberg.                                      under those provisions,
The Commission of the European Communities claims
that the Court should :                                                   — order the Portuguese Republic to pay the costs.
— declare that, by failing to adopt within the period                     Pleas in law and main arguments adduced in support:
       prescribed the laws, regulations and administrative
       provisions necessary to comply with Council Directive
       92/73/EEC ( x ) of 22 September 1992 widening the                  The pleas in law and main arguments are analogous with
       scope of Directives 65/65/EEC (2) and 75/31 9/EEC ( 3 )            those in Case C-282/97 ( 3 ); the time-limit for transposing
       on the approximation of provisions laid down by                    the Directive expired on 30 April 1995 .
       law, regulation or administrative action relating to
       medicinal products and laying down additional                      (') OJ L 297, 18 . 11 . 1994 , p . 29 .
       provisions on homeopathic medicinal products, the                  ( 2 ) OJ L 117, 8 . 5 . 1990 , p . 1 .
       Kingdom of Belgium has failed to fulfil its obligations            (■') See page 20 of this Official Journal .
       under the EC Treaty and that Directive,
— order the Kingdom of Belgium to pay the costs.
Pleas in law and main arguments adduced in support:
                                                                          Action brought on 1 August 1997 by the Commission
Pleas in law and main arguments are identical to those                    of the European Communities against the Portuguese
submitted in Case C-282/97 (4 ).                                                                             Republic
                                                                                                      ( Case C-286/97
O OJ L 297, 13 . 10.1992, p . 8 .
( 2 ) OJ , English Special Edition 1965—1966 , p. 20 .                                                    97/C 295/35 )
(') OJ L 147, 9 . 6.1975 , p . 13 .
( 4 ) See page 20 of this Official Journal .
                                                                          An action against the Portuguese Republic was brought
                                                                          before the Court of Justice of the European Communities