CELEX: C1996/210/13
Language: en
Date: 1996-07-20 00:00:00
Title: Action brought on 14 May 1996 by the Commission of the European Communities against the Portuguese Republic (Case C-168/96)

No C 210/6              EN                  Official Journal of the European Communities                                       20 . 7 . 96
Action brought on 14 May 1996 by the Commission of the                 The applicant claims that the Court should :
 European Communities against the Portuguese Republic
                         ( Case C-166/96 )                             — declare that, by failing to adopt in their entirety the laws,
                                                                             regulations or administrative provisions necessary to
                           ( 96/C 210/ 11 )
                                                                             comply with Commission Directive 92/69/EEC of
                                                                             31 July 1992 adapting to technical progress for the 17th
An action against the Portuguese Republic was brought                        time Directive 67/548/EEC on the approximation of
before the Court of Justice of the European Communities on                   laws, regulations and administrative provisions relating
14 May 1996 by the Commission of the European                                to the classification, packaging and labelling of
Communities, represented by Francisco de Sousa Fialho,                       dangerous substances ^), the Portuguese Republic has
acting as Agent, with an address for service in Luxembourg                   failed to fulfil its obligations under the third paragraph
at the office of Carlos Gomez de la Cruz, of its Legal Service,              of Article 189 of the EC Treaty and Article 3 of Directive
Wagner Centre, Kirchberg.                                                    92/69/EEC,
                                                                       — declare , in the alternative, that by failing to inform
The applicant claims that the Court should :                                 the Commission immediately thereof, the Portuguese
                                                                             Republic has failed to fulfil its obligations under the
— declare that, by failing to adopt in their entirety the laws,              same provisions,
     regulations or administrative provisions necessary to
     comply with Commission Directive 92/32/EEC of                     — order the Portuguese Republic to pay the costs .
     30 April 1992 amending for the seventh time Directive
     67/548/EEC on the approximation of laws, regulations
     and administrative provisions relating to the                     Pleas in law and main arguments
     classification, packaging and labelling of dangerous
     substances ( ] ), the Portuguese Republic has failed to           The pleas in law and main arguments are analogous to those
     fulfil its obligations under the third paragraph of               in Case C-l 65/96 ( 2 ). The time limit for transposing the
     Article 189 of the EC Treaty and Article 3 of Directive           Directive expired on 31 October 1993 .
     92/32/EEC ,
                                                                       (>) OJ No L 383 , 29 . 12 . 1992 , p . 13 .
— declare, in the alternative, that by failing to inform               ( 2 ) See page 5 of this Official Journal .
     the Commission immediately thereof, the Portuguese
     Republic has failed to fulfil its obligations under the
     same provisions,
— order the Portuguese Republic to pay the costs .
                                                                       Action brought on 14 May 1996 by the Commission of the
                                                                         European Communities against the Portuguese Republic
Pleas in law and main arguments
                                                                                                  ( Case C-168/96 )
The pleas in law and main arguments are analogous to those                                          ( 96/C 210/ 13 )
in Case C-l 65/96 ( 2 ). The time limit for transposing the
Directive expired on 31 October 1993 .                                 An action against the Portuguese Republic was brought
                                                                       before the Court of Justice of the European Communities
(') OJ No L 154 , 5 . 6 . 1992 , p . 1 .                               on 14 May 1996 by the Commission of the European
(2 ) See page 5 of this Official Journal .                             Communities, represented by Francisco de Sousa Fialho,
                                                                       acting as Agent, with an address for service in Luxembourg
                                                                       at the office of Carlos Gomez de la Cruz, of its Legal Service,
                                                                       Wagner Centre, Kirchberg.
                                                                       The applicant claims that the Court should :
Action brought on 14 May 1996 by the Commission of the                 — declare that, by failing to adopt in their entirety the laws,
 European Communities against the Portuguese Republic                        regulations or administrative provisions necessary to
                         ( Case C-167/96 )                                   comply with Commission Directive 93/67/EEC of
                           ( 96/C 210/12 )                                   20 July 1993 laying down the principles for assessment
                                                                             of risks to man and the environment of substances
                                                                             notified in accordance with Council Directive
An action against the Portuguese Republic was brought                        67/548/EEC ( ] ), the Portuguese Republic has failed to
before the Court of Justice of the European Communities on                   fulfil its obligations under the third paragraph of
14 May 1996 by the Commission of the European                                Article 189 of the EC Treaty and Article 8 of Directive
Communities, represented by Francisco de Sousa Fialho,                       93 /67/EEC ,
acting as Agent, with an address for service in Luxembourg
at the office of Carlos Gômez de la Cruz, of its Legal Service,        — declare, in the alternative, that by failing to inform
Wagner Centre , Kirchberg.                                                   the Commission immediately thereof, the Portuguese
 ---pagebreak---   20 . 7 . 96            EN                   Official Journal of the European Communities                                     No C 210/7
        Republic has failed to fulfil its obligations under the          Action brought on 15 May 1996 by the Commission of the
        same provisions,                                                 European Communities against the Council of the
                                                                                                 European Union
 — order the Portuguese Republic to pay the costs .                                              ( Case C-1 70/96 )
                                                                                                   ( 96/C 210/ 15 )
  Pleas in law and main arguments
                                                                         An action against the Council of the European Union was
 The pleas in law and main arguments are analogous to those              brought before the Court of Justice of the European
 in Case C-165/96 ( 2 ). The time limit for transposing the              Communities on 15 May 1 996 by the Commission of the
 Directive expired on 31 October 1993 ,                                  European Communities, represented by Pieter Van Nuffel ,
                                                                         acting as Agent, with an address for service in Luxembourg
 (') OJ No L 22 7, 8 . 9 . 1993 , p . 9 .                                at the office of C. Gomez de la Cruz, of the Legal Service of
 (2 ) See page 5 of this Official Journal.                               the Commission of the European Communities, Wagner
                                                                         Centre, Kirchberg.
                                                                        The applicant claims that the Court should :
                                                                        — annul the Act of the Council of 4 March 1996 entitled
                                                                             'Joint action on airport transit arrangements ' ('),
 Action brought on 15 May 1996 by the Commission of the
   European Communities against the Portuguese Republic                 — order the Council to pay the costs .
                          ( Case C- 1 69/96 )
                                                                        Pleas in law and main arguments
                            ( 96/C 210/14
                                                                        — Infringement of the EC Treaty :
 An action against the Portuguese Republic was brought
 before the Court of Justice of the European Communities on                  The matters governed by the contested Act fall within
 15 May 1996 by the Commission of the European                               the competence of the European Community and not
 Communities, represented by Francisco de Sousa Fialho,                      within the area of cooperation in the fields of justice and
 acting as Agent, with an address for service in Luxembourg                  home affairs ( CJHA ). Where the EC Treaty confers
 at the office of Carlos Gômez de la Cruz, of its Legal Service ,            powers on the institutions , they may only exercise them
Wagner Centre, Kirchberg.                                                    in accordance with that Treaty; they may not legally
                                                                             exercise them within any other framework , even a
                                                                             framework established by the Treaty on European
The applicant claims that the Court should :                                 Union .
— declare that, by failing to adopt in their entirety the laws,              As regards Articles 3 and 4 and the Annex to the
       regulations or administrative provisions necessary to                 contested Act, the Commission considers that the
      comply with Commission Directive 93/ 105/EC of                         underlying interpretation, to the effect that travellers
       25 November 1993 laying down Annex VII D ,                            ( ordinarily ) remaining within the international areas of
      containing information required for the technical                      airports do not cross an external frontier of a Member
       dossier referred to in Article         12 of the seventh              State, is erroneous; the criterion employed by
      amendment of Council Directive 67/548/EEC ('), the                     Article 100c of the EC Treaty is not the crossing of a
      Portuguese Republic has failed to fulfil its obligations               checkpoint. It is clear from a systematic interpretation of
      under the third paragraph of Article 189 of the EC                     the relevant provisions that airport transit visas form an
      Treaty and Article 2 of Directive 93/105/EEC,                          integral part of the provisions relating to visa policy as a
                                                                             whole ; that policy falls, in principle , within the sphere of
— declare , in the alternative , that by failing to inform the               CJHA, save in two respects, one of which is the
      Commission immediately thereof, the Portuguese                         determination of the list of third countries concerned .
      Republic has failed to fulfil its obligations under the
      same provisions,                                                       As regards Article 2(1 ) and ( 2 ) of the contested Act, the
                                                                             Commission considers that, having regard to their real
— order the Portuguese Republic to pay the costs .                           meaning, those provisions — which , read in isolation ,
                                                                             fall within the area of CJHA — are covered by the
                                                                             Community's power to adopt provisions which are
Pleas in law and main arguments                                              ancillary to matters falling within the competence of the
                                                                             Community.
The pleas in law and main arguments are analogous to those
in Case C-165/96 ( 2 ). The time limit for transposing the                   As regards Article 2 ( 3 ), this simply repeats, within the
Directive expired on 31 December 1993 .                                      framework of CJHA, an obligation which already arises
                                                                             from Council Regulation ( EC ) No 1683/95 ( 2 ).
(') OJ No L 294, 30 . 11 . 1993 , p . 21 .
( 2 ) See page 5 of this Official Journal .                             — Breach of essential procedural requirements :
                                                                             The choice of Article K. 3 of the Treaty on European
                                                                             Union as the legal basis for the Act of 4 March 199 6 ,