CELEX: C2002/261/18
Language: en
Date: 2002-10-26 00:00:00
Title: Case C-342/02: Action brought on 26 September 2002 by the Commission of the European Communities against the French Republic

26.10.2002             EN                     Official Journal of the European Communities                                        C 261/11
ties on 20 September 2002 by the Commission of the                       represented by A. Bordes, acting as Agent, with an address for
European Communities, represented by D. Martin and H. Krep-              service in Luxembourg.
pel, acting as Agents.
The applicant claims that the Court should:                              The applicant claims that the Court should:
—     Declare that, by failing to define the necessary capabilities
                                                                         1.    Declare that, by failing to adopt and bring into force
      and aptitudes for persons designated for activities relating
                                                                               within the prescribed period the laws, regulations or
      to protective and preventive measures, the Grand Duchy
      of Luxembourg has failed to fulfil its obligations under                 administrative provisions necessary to comply with:
      Articles 10 and 249 EC and Article 7(8) of Council
      Directive 89/391/EEC of 12 June 1989 on the introduc-
      tion of measures to encourage improvements in the safety                 a)    Articles 4, 5, 6, 7, 8(3) and 9 of Council Directive
      and health of workers at work (1);                                             96/22/EC of 29 April 1996 concerning the prohib-
                                                                                     ition on the use in stockfarming of certain substances
                                                                                     having a hormonal or thyrostatic action and of
—     Order the Grand Duchy of Luxembourg to pay the costs.                          β-agonists, and repealing Directives 81/602/EEC,
                                                                                     88/146/EEC and 88/299/EEC ( 1), and
                                                                               b)    Articles 9a(1), 9b, first indent, 13(b) and 15(2) of
Pleas in law and main arguments                                                      Council Directive 96/23/EC of 29 April 1996 on
                                                                                     measures to monitor certain substances and residues
                                                                                     thereof in live animals and animal products and
The Luxembourg authorities do not deny that they have failed,                        repealing Directives 85/358/EEC and 86/469/EEC
to date, to adopt laws or regulations defining the necessary                         and Decisions 89/187/EEC, 91/664/EEC ( 2),
capabilities and aptitude for persons designated for activities
relating to protective and preventive measures.
                                                                               France has failed to fulfil its obligations under the
                                                                               abovementioned directives and the third paragraph of
                                                                               Article 249 and the first paragraph of Article 10 of the
The Commission therefore takes the view that the Grand                         EC Treaty;
Duchy of Luxembourg has failed to fulfil its obligations under
the EC Treaty and Directive 89/391.
                                                                         2.    Order the French Republic to pay the costs.
( 1) OJ 1989 L 183, p. 1.
                                                                         Pleas in law and main arguments
                                                                         Under Article 249 of the EC Treaty, according to which a
Action brought on 26 September 2002 by the Com-                          directive is to be binding, as to the result to be achieved, upon
mission of the European Communities against the French                   each Member State to which it is addressed, Member States are
                             Republic                                    required to observe the time-limits laid down in directives for
                                                                         their transposition. That time-limit expired on 1 July 1997
                                                                         without the French Republic having brought into force the
                          (Case C-342/02)                                necessary provisions in order to comply with the directive
                                                                         referred to in the Commission’s application.
                          (2002/C 261/18)
                                                                         (1 ) OJ 1996 L 125, p. 3.
                                                                         (2 ) OJ 1996 L 125, p. 10.
An action against the French Republic was brought before the
Court of Justice of the European Communities on 26 Septem-
ber 2002 by the Commission of the European Communities,