CELEX: C2003/007/30
Language: en
Date: 2003-01-11 00:00:00
Title: Case C-410/02: Action brought on 18 November 2002 by the Commission of the European Communities against Ireland

C 7/16                    EN                   Official Journal of the European Communities                                        11.1.2003
—       As regards amended Directive 78/659/EEC, not all of               another Member State, rely on the directive in order to obtain
        the requisite information was forwarded — thus, the               from the State of residence recognition of the licence issued in
        Commission had no information regarding the total                 the State of origin and thereby escape being charged with
        surface or length of water supporting fish life, nor              driving without a valid licence?
        whether the waters complied with the parameters laid
        down in that directive;
                                                                          (1 ) Council Directive 91/439/EEC of 29 July 1991 on driving licences
                                                                               (OJ L 237 of 24.08.1991, p. 1).
—       As regards amended Directive 80/68/EEC, not all of
        the requisite information was forwarded — thus, the
        Commission did not receive the requested information
        relating to authorisations, the measuring system and
        ground water.
The Commission points out that at the expiry of the period
                                                                          Action brought on 18 November 2002 by the Com-
granted to the Kingdom of Belgium by the reasoned opinion,
the missing information had still not been received by the                    mission of the European Communities against Ireland
Commission, the explanation for such absence of information
being that the competent authorities did not ensure collection                                      (Case C-410/02)
of the data necessary for the drawing up of the reports in
question.
                                                                                                      (2003/C 7/30)
( 1) Council Directive 76/464/EEC of 4 May 1976 on pollution caused
     by certain dangerous substances discharged into the aquatic
     environment of the Community (OJ 1976 L 129, p. 23).                 An action against Ireland was brought before the Court of
( 2) Council Directive 78/659/EEC of 18 July 1978 on the quality of       Justice of the European Communities on 18 November 2002
     fresh waters needing protection or improvement in order to           by the Commission of the European Communities, represented
     support fish life (OJ 1978 L 222, p. 1).                             by L. Ström and X. Lewis, acting as agents, with an address for
( 3) Council Directive 80/68/EEC of 17 December 1979 on the               service in Luxembourg.
     protection of groundwater against pollution caused by certain
     dangerous substances OJ 1980 L 20, p. 43).
( 4) OJ 1991 L 377, p. 48
                                                                          The Applicant claims that the Court should:
                                                                          1)     declare that by failing to adopt the laws, regulations
                                                                                 or administrative provisions necessary to comply with
                                                                                 Commission Directive 2001/8/EC ( 1) of 8 February 2001
                                                                                 replacing Annex I to Council Directive 92/109/EEC on
                                                                                 the manufacture and placing on the market of certain
                                                                                 substances used in the illicit manufacture of narcotic
Reference for a preliminary ruling by the Cour de                                drugs and psychotropic substances or, in any event, by
Cassation du Grand-Duché de Luxembourg by judgment                               failing to notify such provisions to the Commission,
of that Court of 31 October 2002 in the case of José                             Ireland has failed to fully fulfil its obligations under
     Antonio Da Silva Carvalho against Ministère Public                          Article 2 of this directive;
                            (Case C-408/02)                               2)     order Ireland to pay the costs.
                             (2003/C 7/29)
                                                                          Pleas in law and main arguments
Reference has been made to the Court of Justice of the                    Article 249 EC, under which a directive shall be binding as to
European Communities by judgment of the Cour de Cassation                 the result to be achieved, upon each Member State, carries by
du Grand-Duché de Luxembourg of 31 October 2002, received                 implication an obligation on the Member States to observe the
at the Court Registry on 15 November 2002, for a preliminary              period for compliance laid down in the directive. That period
ruling in the case of José Antonio Da Silva Carvalho against              expired on 1 March 2001 without Ireland having enacted the
Ministère Public on the following question:                               provisions necessary to comply with the directive referred to
                                                                          in the conclusions of the Commission.
On a proper interpretation of Article 1(2) and (3) of Council
                                                                          (1 ) OJ L 39, 09.02.2001, p. 31.
Directive 91/439/EEC of 29 July 1991 (1), may a person who
has obtained a driving licence during a brief stay in his country
of origin, at a time when he was already normally resident in