CELEX: C1997/252/29
Language: en
Date: 1997-08-16 00:00:00
Title: Action brought on 9 June 1997 by the Commission of the European Communities against the Federal Republic of Germany (Case C-217/97)

16 . 8 . 97             EN                   Official Journal of the European Communities                                No C 252/ 15
     customs authority in the context of an appeal against              2 . order the Federal Republic of Germany to pay the
     a decision by which that authority rejected the                           costs .
     application for suspension of operation brought by the
     person concerned .                                                 Pleas in law and main arguments adduced in support:
3 . In the light of the first sentence of the third paragraph
     of Article 244 of the CCC, must it be considered that              The pleas in law and main arguments are apparent from
     suspension of operation is subject only to the existence           the heads of claim . As regards the complaint made
     or lodging of a security or must the conditions laid               in the third indent in paragraph 1 above, the
     down in the preceding paragraph also be fulfilled ?                Commission maintains that to equate, in conceptual
                                                                        terms, 'preliminary investigation proceedings' with
                                                                        ' administrative proceedings' would be tantamount to
(') Common Customs Code ( OJ No L 302 , 19 . 10 . 1992 , p . 1 ).
                                                                        excluding a wholly material range of environmental
                                                                        information, such as, for example, experts' reports on the
                                                                        state of water or soil or the position adopted by a public
                                                                        authority in the context of proceedings for the grant of
                                                                        planning approval .
Action brought on 9 June 1997 by the Commission of the
European Communities against the Federal Republic of                    ( ] ) OJ No L 158 , 23 . 6 . 1990, p . 56 .
                              Germany
                          ( Case C-217/97 )
                             97/C 252/29
An action against the Federal Republic of Germany was                   Action brought on 12 June 1997 by the Commission of
brought before the Court of Justice of the European                     the European Communities against the Federal Republic
Communities on 9 June 1997 by the Commission of the                                                     of Germany
European Communities, represented by Gotz zur Hausen,                                               ( Case C-220/97)
Legal Adviser, acting as Agent, with an address for service
in Luxembourg at the office of Carlos Gomez de la Cruz,                                               ( 97/C 252/30
of its Legal Service, Wagner Centre C 254 , Kirchberg.
                                                                        An action against the Federal Republic of Germany was
The applicant claims that the Court should :                            brought before the Court of Justice of the European
                                                                        Communities on 12 June 1997 by the Commission of the
1 . declare that,
                                                                        European Communities , represented by Gotz zur Hausen,
     — by excluding courts, criminal prosecution                        Legal Adviser, acting as Agent, with an address for service
          authorities and disciplinary authorities from the             in Luxembourg at the office of Carlos Gomez de la Cruz,
          scope of the German legislation, contrary to                  of its Legal Service, Wagner Centre C 254, Kirchberg.
          Article 2 ( b ) of Council Directive 90/313/EEC of
          7 June 1990 (') on the freedom of access to                   The applicant claims that the Court should:
          information on the environment, even where they
          are not acting in the context of their judicial               1 . declare that, by failing within the prescribed period to
          activities,                                                          adopt all the laws, regulations and administrative
                                                                               measures necessary in order to comply with Council
     — by failing, contrary to the second subparagraph of                      Directive 92/3/Euratom of 3 February 1992 (') on the
          Article 3 ( 2 ) of the Directive, to provide for
                                                                               supervision and control of shipments of radioactive
          information to be supplied in part where it is                       waste between Member States and into and out of the
          possible to separate out information concerning                      Community, the Federal Republic of Germany has
          the reserved matters listed in Article 3 (2 ),
                                                                               failed to fulfil its obligations under the Euratom
     — by failing, contrary to the third indent of                             Treaty;
          Article 3 ( 2 ), to provide for access to be given,
          during the course of administrative proceedings, to           2 . order the Federal Republic of Germany to pay the
          information received by the authorities by reason                    costs .
          of those proceedings,
                                                                        Pleas in law and main arguments adduced in support:
     — by providing, contrary to Article 5 , for charges to
          be made not merely for the supply of the
          information and by not limiting those charges to a            The mandatory nature of the provisions of the third
          reasonable sum,                                               paragraph of Article 161 and the first paragraph of
                                                                        Article 192 of the Euratom Treaty is such as to oblige
     — the Federal Republic of Germany has failed to                    Member States to whom directives             are addressed to
          fulfil its obligations under the abovementioned               achieve the objectives laid down therein within the time­
          directive, in particular Article 2 ( b ), the third           limit prescribed, that is to say, to transpose the provisions
          indent of Article 3 ( 2 ), the second subparagraph of         of the directive in question into national law in such a
          Article 3 (2 ) and Article 5 thereof;                         way as to give full practical effect to its provisions before