CELEX: C1997/108/23
Language: en
Date: 1997-04-05 00:00:00
Title: Action brought on 7 February 1997 by the Commission of the European Communities against the Italian Republic (Case C-58/97)

5 . 4 . 97                EN                     Official Journal of the European Communities                                   No C 108/ 13
       3 . Council , Directive 93/114/EC ( 3 ) of 14 December               Member States are required to observe the time-limits laid
           1993      amending            Directive    70/524/EEC (4)        down in directives for their transposition . That time-limit
           concerning additives in feedingstuffs,                           expired on 13 September 1994 without the Italian
                                                                            Republic having brought into force the necessary
       and/or by failing to notify the Commission thereof, the              provisions in order to comply with the Directive referred
       French Republic has failed to fulfil its obligations                 to in the Commission's application.
       under Article 20 of Directive 93/53/EEC, Article 8 of
       Directive 93/ 113/EC and Article 2 of Directive 93/114/              H OJ No L 247, 5 . 10 . 1993 , p. 19 .
       EC and of the EC Treaty;
( b) order the French Republic to pay the costs.
Pleas in law and main arguments adduced in support:
                                                                            Appeal brought on 11 February 1997 by L. B. Rasmussen
                                                                            against the judgment delivered on 12 December 1996 by
The pleas in law and main arguments are similar to those                    the Third Chamber of the Court of First Instance of the
relied on in Case C-56/97 (s ); the time-limits expired on
                                                                            European Communities in Case T-130/95 between L. B.
1 January 1994 (Directive 93/53/EEC ), 1 October 1994
(Directive 93/113/EC and Directive 93/114/EC) and                           Rasmussen and the Commission of the European
                                                                                                       Communities
1 January 1995 (Article 7 of Directive 93/113/EC )
respectively.                                                                                      ( Case C-60/97 P)
                                                                                                      ( 97/C 108/24 )
(1 )  OJ  No L 175 , 19 . 7 . 1993 , p . 23 .
(2 )  OJ  No L 334,  31 . 12 . 1993 , p. 17.
(3)   OJ  No L 334,  31 . 12 . 1993 , p . 24 .                              An appeal against the judgment delivered on 12 December
(4)   OJ  No L 270,  14 . 12 . 1970, p . 1 .                                 1996 by the Third Chamber of the Court of First Instance
(5 ) See page 12 of this Official Journal.                                  of the European Communities in Case T-130/95 between
                                                                            L. B. Rasmussen and the Commission of the European
                                                                             Communities was brought before the Court of Justice of
                                                                            the European Communities on 11 February 1997 by L. B.
                                                                             Rasmussen, represented by Carlo Revoldini, with an
                                                                             address for service in Luxembourg at 180, route de
Action brought on 7 February 1997 by the Commission of                       Longwy.
     the European Communities against the Italian Republic
                              ( Case C-58/97 )                               The appellant claims that the Court should:
                                ( 97/C 108/23 )
                                                                             — quash the judgment appealed against in its entirety,
                                                                                 except as to the costs of the proceedings,
 An action against the Italian Republic was brought before
 the Court of Justice of the European Communities on                         and as should have been held at first instance :
 7 February 1997 by the Commission of the European
 Communities, represented by Frank Benyon, Legal                             — annul the decision of the Commission not to promote
 Adviser, and Laura Pignataro, of its Legal Service, acting                      the applicant to Grade A 4 in the 1994 promotion
 as Agents, with an address for service in Luxembourg at                         procedure,
 the office of Carlos Gomez de la Cruz, Wagner Centre,
 Kirchberg.                                                                  — annul the decision of the Commission to promote to
                                                                                  Grade A 4 the officials on the list published in
 The applicant claims that the Court should :                                    Administrative     Information        Bulletin No   859   of
                                                                                  8 September 1994,
  1 . declare that, by failing to adopt and/or notify the
        laws, regulations or administrative provisions                       — order the Commission to pay damages in respect of
        necessary to comply with Council Directive 93/75/EEC                      the non-material harm suffered,
        of 13 September 1993 concerning minimum
        requirements for vessels bound for or leaving                        — order the Commission to pay the costs of the
        Community ports and carrying dangerous or polluting                       proceedings in any event.
        goods ('), the Italian Republic has failed to fulfil its
        obligations under that Directive and the EC Treaty;                   Pleas in law and main arguments adduced in support:
  2 . order the Italian Republic to pay the costs .                           Defective and inadequate reasoning of the contested
                                                                              judgment which failed to deal with the applicant's
  Pleas in law and main arguments adduced in support:                         arguments and claims (] ).
  Under Article 189 of the EC Treaty, according to which a                    H OJ No C 208 , 17 . 8 . 1995 , p . 35 .
  directive is to be binding, as to the result to be achieved,
  upon each Member State to which it is addressed,