CELEX: C2000/020/36
Language: en
Date: 2000-01-22 00:00:00
Title: Case C-440/99: Action brought on 18 November 1999 by the Commission of the European Communities against the Grand Duchy of Luxembourg

C 20/18                  EN                       Official Journal of the European Communities                                      22.1.2000
4. Where Article 10 of the Directive states that the dismissal                         of maximum levels for pesticide residues in and
     of a worker who is pregnant, has given birth or is                                on fruit and vegetables and Annex II to Directive
     breast-feeding is to take place ‘where applicable, provided                       90/642/EEC relating to the fixing of maximum levels
     that the competent authority has given its consent’, does                         for pesticide residues in and on certain products
     the Directive require that a worker who is pregnant, has                          of plant origin, including fruit and vegetables, and
     given birth or is breast-feeding may be dismissed only by                         providing for the establishment of a list of maximum
     means of a special procedure in which the appropriate                             levels (1),
     competent authority gives its consent prior to the dismissal
     which the employer seeks?                                                     — Council Directive 96/33/EC of 21 May 1996 amending
                                                                                       the Annexes to Directives 86/362/EEC and
                                                                                       86/363/EEC on the fixing of maximum levels for
(1) Council Directive 92/85/EEC of 19 October 1992 on the introduc-                    pesticide residues in and on cereals and foodstuffs of
    tion of measures to encourage improvements in the safety and
                                                                                       animal origin respectively (1),
    health at work of pregnant workers and workers who have
    recently given birth or are breastfeeding (tenth individual Directive
                                                                                   — Council Directive 96/93/EC of 17 December 1996 on
    within the meaning of Article 16(1) of Directive 89/391/EEC) —
    OJ 1992 L 348, p. 1.                                                               the certification of animals and animal products (2),
                                                                                   — Commission Directive 97/72/EC of 15 December
                                                                                       1997 amending Council Directive 70/524/EEC con-
                                                                                       cerning additives in feedingstuffs (3), and
Action brought on 18 November 1999 by the Com-                                     — Commission Directive 98/19/EC of 18 March 1998
mission of the European Communities against the Grand                                  amending Council Directive 70/524/EEC concerning
                      Duchy of Luxembourg                                              additives in feedingstuffs (4),
                          (Case C-440/99)                                          the Grand Duchy of Luxembourg has failed to fulfil its
                                                                                   obligations under Article 4 of Directive 96/32/EC, Article 3
                           (2000/C 20/36)                                          of Directive 96/33/EC, Article 9 of Directive 96/93/EC,
                                                                                   Article 2 of Directive 97/72/EC and Article 2 of Directive
An action against the Grand Duchy of Luxembourg was                                98/19/EC;
brought before the Court of Justice of the European Communi-
ties on 18 November 1999 by the Commission of the Euro-                      2. Order the Grand Duchy of Luxembourg to pay the costs.
pean Communities, represented by Gérard Berscheid, of its
Legal Service, acting as Agent, with an address for service in               The pleas in law and main arguments correspond to those in
Luxembourg at the office of Carlos Gómez de la Cruz, of its                 Case C-405/99 (5); the time-limits for transposition expired on
Legal Service, Wagner Centre, Kirchberg.                                     30 April 1997 (Directives 96/32/EC and 96/33/EC), 1 January
                                                                             1998 (Directive 96/93/EC) and 31 March 1998 (Directives
The Commission claims that the Court should:                                 97/72/EC and 98/19/EC).
1. Declare that, by failing to bring into force within the
     prescribed periods the laws, regulations and administrative             ( 1) OJ No L 144 of 18.6.1996, p. 12.
     provisions necessary to comply with                                     ( 2) OJ No L 13 of 16.1.1997, p. 18.
                                                                             ( 3) OJ No L 351 of 23.12.1997, p. 55.
     — Council Directive 96/32/EC of 21 May 1996 amending                    ( 4) OJ No L 96 of 28.3.1998, p. 39.
         Annex II to Directive 76/895/EEC relating to the fixing             ( 5) See p. 10 of this OJ.