CELEX: C1995/229/32
Language: en
Date: 1995-09-02 00:00:00
Title: Reference for a preliminary ruling from the Cour d'Appel de Metz, by judgment of that court of 31 May 1995, in criminal proceedings against Rémy Schmit, the civil parties claiming damages being Robert Vergobbio and Salvatore La Mancusa (Case C-240/95)

2 . 9 . 95             EN                   Official Journal of the European Communities                                No C 229/ 15
The applicant claims that the Court should :                           Pleas in law and main arguments adduced in support:
— declare that, by failing to adopt, or in any event by                The pleas in law and main arguments are similar to those
     failing to communicate, the laws, regulations and                 in Case C-234/95 ( 2 ); the period prescribed for
     administrative provisions necessary to comply with                implementation of the Directive expired on 1 July 1992 .
     Commission Directive 93/67/EEC (*) of 20 July 1993
     laying down the principles for assessment of risks to man         (') OJ No L 189 , 20 . 7. 1990 , p. 17 .
     and    the   environment      of   substances   notified  in      ( 2 ) See page 13 of this Official Journal .
     accordance with Council Directive 67/548/EEC, the
     Italian Republic has failed to fulfil its obligations under
     that Directive and under the EC Treaty,
— order the Italian Republic to pay the costs .                        Reference for a preliminary ruling from the Cour d'Appel de
                                                                       Metz, by judgment of that court of 3 1 May 1 995 , in criminal
                                                                       proceedings against Remy Schmit, the civil parties claiming
Pleas in law and main arguments adduced in support:                    damages being Robert Vergobbio and Salvatore La
                                                                                                     Mancusa
Article 1 8 9 of the EC Treaty, which provides that a directive
                                                                                                 Case C-240/95 )
is to be binding, as to the result to be achieved, upon the
Member State to which it is addressed, means that Member                                           95/C 229/32 )
States are under an obligation to comply with the time limits
laid down in those directives for their transposition. On the          Reference has been made to the Court of Justice of the
expiry of the relevant prescribed period on 31 October                 European Communities by a judgment of the Cour d'Appel
1993 , the Italian Republic had not adopted the provisions             Metz ( Court of Appeal ), Metz, of 31 May 1995 , which was
necessary to comply with the directives referred to in the             received at the Court Registry on 7 July 1995 , for a
form of order sought by the Commission .                               preliminary ruling in the criminal proceedings against Remy
                                                                       Schmit, the civil parties claiming damages being Robert
(') OJ No L 227, 8 . 9 . 1993 , p . 9 .                                Vergobbio and Salvatore La Mancusa, on the following
                                                                       question :
                                                                       Does Article 30 of the EEC Treaty preclude national
                                                                        legislation concerning model-year dates for motor vehicles,
                                                                       which causes the administrative authorities and traders of a
                                                                        Member State to consider that, in the case of two motor
Action brought on 6 July 1995 by the Commission of the                 vehicles of the same model and make, placed on the market
 European Communities against the Kingdom of Belgium                    on the same date after 1 July , one vehicle may be held out as
                         ( Case C-239/95 )
                                                                        falling under the model-year date of the following calendar
                                                                        year whereas the other, manufactured in another Member
                            95/C 229/31 )                               State and the subject of parallel importation, may not ?
An action against the Kingdom of Belgium was brought
 before the Court of Justice of the European Communities on
 6 July 1995 by the Commission of the European
 Communities, represented by Hendrik van Lier, Legal                    Reference for a preliminary ruling by the High Court of
Adviser, acting as Agent, with an address for service in               Justice, Queen's Bench Division, by order of that court of
 Luxembourg at the office of Carlos Gomez de la Cruz,                   20 June 1995 , in the case of The Queen against the
Wagner Centre, Kirchberg.                                               Intervention Board for Agricultural Produce, ex-parte:
                                                                                      Accrington Beef Co. Ltd and others
 The Commission claims that the Court should :                                                    Case C-241 /95 )
                                                                                                  ( 95/C 229/33 )
 1 . declare that, by failing to adopt the laws, regulations and
       administrative measures needed to comply with Council            Reference has been made to the Court of Justice of the
       Directive 90/385/EEC of 20 June 1990 ( 1 ) on the                 European Communities by an order of the High Court of
       approximation of the laws of the Member States relating          Justice, Queen's Bench Division, of 20 June 1995 , which
       to active implantable medical devices, the Kingdom of             was received at the Court Registry on 10 July 1995 , for a
       Belgium has failed to fulfil its obligations under that           preliminary ruling in the case of The Queen against the
       Directive, in particular Article 16 ;                             Intervention Board for Agricultural Produce, ex-parte :
                                                                         Accrington Beef Co. Ltd and others, on the following
 2 . in the alternative, declare that, in any event, by failing to       questions :
       inform the Commission of such measures forthwith, the
       Kingdom of Belgium has failed to fulfil its obligations           1 . Is Article 1 ( 2 ) of Commission Regulation ( EC )
       under those provisions;                                                No 214/94 of 31 January 1994 laying down detailed
                                                                              rules for the application of the Council Regulation ( EC )
 3 . order the Kingdom of Belgium to pay the costs .                          No 130/94 with regard to the import arrangements for