CELEX: C1997/357/45
Language: en
Date: 1997-11-22 00:00:00
Title: Action brought on 14 October 1997 by the Commission of the European Communities against the French Republic (Case C-354/97)

22 . 11 . 97             EN                    Official Journal of the European Communities                                   C 357/25
Pleas in law and main arguments adduced in support:                            — Commission Directive 95/9/EC of 7 April 1995
                                                                                    amending Directive 94/39/EC establishing a list of
                                                                                    intended uses of animal feedingstuffs for particular
Article 189 of the EC Treaty, under which a Directive                               nutritional purposes (4),
shall be binding, as to the result to be achieved, upon each
Member State, carries by implication an obligation on the                      — Commission Directive 95/1 0/EC of 7 April 1995
Member States to observe the period for compliance laid                             fixing the method of calculating the energy value
down in the Directive . That period expired on 3 November                           of dog and cat food intended for particular
1994 without Ireland having enacted the provisions                                  nutritional purposes ( 5 ),
necessary to comply with the Directive referred to in the
conclusions of the Commission .
                                                                               and/or by failing to notify the Commission thereof, the
(') Council Directive 92/91 /EEC of 3 November 1992 concerning
                                                                               French Republic has failed to fulfil its obligations
    the minimum requirements for improving the safety and health               under Article 12 of Directive 93/74/EEC, Article 13 of
    protection of workers in the mineral-extracting industries                 Directive 94/28/EC, Article 2 of Directive 94/39/EC,
    through drilling ( 11th individual Directive within the meaning            Article      2 of Directive 95/9/EC and Article 3 of
    of Article 16 ( 1 ) of Directive 89/391 /EEC ( OJ L 348 , 28 . 11 .        Directive 95/ 1 0/EC and under the EC Treaty,
    1992, p. 9 ).
                                                                          — order the French Republic to pay the costs.
                                                                          Pleas in law and main arguments adduced in support:
Action brought on 14 October 1997 by the Commission                       Under the third paragraph of Article 189 of the Treaty
of the European Communities against the French Republic                   establishing the European Community, a Directive is
                           ( Case C-3 54/97)
                                                                          binding on each Member State to which it is addressed as
                                                                          to the result to be achieved. Under the first paragraph of
                             ( 97/C 357/45 )                              Article 5 of the Treaty, Member States are to take all
                                                                          appropriate measures, whether general or particular, to
                                                                          ensure fulfilment of the obligations arising out of the
An action against the French Republic was brought before                  Treaty or resulting from action taken by the institutions of
the Court of Justice of the European Communities on                       the Community. Under the provisions of the Directives at
14 October 1997 by the Commission of the European                         issue, the Member States were obliged to bring into force
Communities, represented by Alexandre Xavier Lewis, of                    the laws, regulations and administrative provisions
its Legal Service, acting as Agent, with an address for                   necessary to comply with them by 30 June 1995 or 1 July
service in Luxembourg at the office of Carlos Gomez de la                 1995, as appropriate, and inform the Commission thereof
Cruz, Wagner Centre, Kirchberg.                                           forthwith. The French Republic has not yet informed the
                                                                          Commission of the provisions of national law adopted in
                                                                          order to transpose the Directives to which these
The Commission of the European Communities claims                         proceedings relate .
that the Court should :
                                                                          (>)  OJ L  237, 22 . 9 . 1993 , p . 23 .
                                                                          (2)  OJ L  178 , 12 . 7. 1994 , p . 66 .
— declare that, by failing to bring into force within                     (')  OJ L  207, 10 . 8 . 1994 , p . 20 .
     the prescribed periods the laws, regulations                         (4 ) OJ L  91 , 22 . 4 . 1995 , p. 35 .
                                                                          (5)  OJ L  91 , 22 . 4 . 1995 , p. 39 .
     and administrative provisions, including, where
     appropriate, any sanctions, necessary to comply with:
     — Council Directive 93/74/EEC of 13 September
          1993 on feedingstuffs intended for particular
          nutritional purposes ('),
                                                                                  Removal from the register of Case C- 198/96 (')
     — Council Directive 94/28/EC of 23 June 1994                                                        ( 97/C 357/46 )
          laying down the principles relating to the
          zootechnical          and    genealogical       conditions
          applicable to imports from third countries of                   By order of 23 September 1997, the President of the Court
          animals, their semen, ova and embryos, and                      of Justice of the European Communities has ordered the
          amending Directive 77/504/EEC on pure-bred                      removal from the register of Case C-198/96 : Commission
          breeding animals of the bovine species ( 2 ),                   of the European Communities v. French Republic .
                                                                          (') OJ C 247, 24 . 8 . 1996 .
     — Commission Directive 94/39/EC of 25 July 1994
          establishing a list of intended uses of animal
          feedingstuffs for particular nutritional purposes ( 3 ),