CELEX: C1995/159/15
Language: en
Date: 1995-06-24 00:00:00
Title: Action brought on 30 March 1995 by the Commission of the European Communities against the Federal Republic of Germany (Case C-101/95)

24 . 6 . 95         |_EN                   Official Journal of the European Communities                                  No C 159/7
Pleas in law and main arguments adduced in support:                   Communities, represented by Antonio Caeiro, acting as
                                                                      Agent, with an address for service in Luxembourg at the
The pleas in law and main arguments are similar to those in           office of Georgios Kremlis, Wagner Centre, Kirchberg .
Case C-79/95 ; the period prescribed for the transposition of
the Directive expired on 1 January 1993 .                             The applicant claims that the Court should :
                                                                      — declare that, by failing to adopt within the prescribed
                                                                            time limit all the measures necessary in order to comply
                                                                            with Council Directive 89/666/EEC ( l ) of 21 December
                                                                            1989 concerning disclosure requirements in respect of
Action brought on 24 March 1995 by the Commission of
                                                                            branches opened in a Member State by certain types of
the European Communities against the Federal Republic of
                                                                            company governed by the law of another State and
                              Germany                                       Council Directive 89/667/EEC ( 2 ) of the same date on
                        ( Case C-96/95 )                                    single-member private limited-liability companies, the
                          ( 95/C 159/ 13 )                                  Kingdom of Belgium has failed to fulfil its obligations
                                                                            under the EC Treaty,
An action against the Federal Republic of Germany was
                                                                      — declare, in the            alternative , that by failing to
brought before the Court of Justice of the European                         communicate to the Commission the texts of the
Communities on 24 March 1 995 by the Commission of the
                                                                            provisions of national law transposing Directives
European Communities, represented by Pieter van Nuffel, a
                                                                            89/666/EEC and 89/667/EEC, pursuant to Article 16 of
member of the Commission's Legal Service, and Horstpeter                    Directive   89/666/EEC and Article        8 of Directive
Kreppel, a judge of the Arbeitsgericht ( Labour Court ) on
                                                                            89/667/EEC, the Kingdom of Belgium has failed to fulfil
secondment to the Commission's Legal Service, with an
                                                                            its obligations under the EC Treaty,
address for service in Luxembourg at the office of Georgios
Kremlis, Wagner Centre, Kirchberg .                                   — order the Kingdom of Belgium to pay the costs .
The applicant claims that the Court should :                          Pleas in law and main arguments adduced in support:
1 , declare that, by failing to adopt within the prescribed           The pleas in law and main arguments are the same as those
     time limit the legal and administrative provisions               in Case C-79/95 ; the time limit prescribed by the two
     necessary to implement Council Directive 90/365/EEC              Directives expired on 1 January 1992 .
     of 28 June 1990 on the right of residence for employees
     and self-employed persons who have ceased their                  f 1 ) OJ No L 395 , 30 . 12 . 1989 , p . 36 .
     occupational activity i 1 ) and Council Directive                ( 2 ) OJ No L 395 , 30 . 12 . 1989 , p . 40 .
     90/364/EEC of 28 June 1 990 on the right of residence ( 2 )
     or, in the alternative, by failing to communicate such
     provisions promptly to the Commission, the Federal
     Republic of Germany has failed to fulfil its obligations
     under the EC Treaty;                                             Action brought on 30 March 1995 by the Commission of
                                                                      the European Communities against the Federal Republic of
2 , order the Federal Republic of Germany to pay the                                                 Germany
     costs .
                                                                                               ( Case C-101/95 )
                                                                                                 ( 95/C 159/ 15
Pleas in law and main arguments adduced in support:
The pleas in law and main arguments are the same as in Case           An action against the Federal Republic of Germany was
C-79/95 ; the time limit for implementation expired on                brought before the Court of Justice of the European
30 June 1992 .                                                        Communities on 30 March 1995 by the Commission of the
                                                                      European Communities, represented by Klaus-Dieter
(M OJ No L 180 , 13 . 7. 1990 , p . 28 .
                                                                      Borchardt, a member of the Commission's Legal Service,
(2 ) OJ No L 180, 13 . 7. 1990, p . 26 .                              with an address for service in Luxembourg at the office of
                                                                      Georgios Kremlis, Wagner Centre, Kirchberg.
                                                                      The applicant claims that the Court should :
                                                                      1 , declare that, by failing to adopt within the prescribed
Action brought on 27 March 1995 by the Commission of                        time limit the measures necessary to comply with
the European Communities against the Kingdom of                             Council Directive 91 /628/EEC of 19 November 1991 on
                              Belgium                                       the protection of animals during transport and
                        ( Case C-98/95 )                                    amending Directives 90/425/EEC and 91 /496/EEC ( J ),
                                                                            the Federal Republic of Germany has failed to fulfil its
                          ( 95/C 159/14 )                                   obligations under the EC Treaty and under that
                                                                            Directive;
An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on            2 , order the Federal Republic of Germany to pay the
27 March 1995 by the Commission of the European                             costs .
 ---pagebreak--- No C 159/8            EN                   Official Journal of the European Communities                                      24 . 6 . 95
Pleas in law and main arguments adduced in support:                   Communities, represented by Antonio Aresu, a member of
                                                                      the Commission's Legal Service, acting as Agent, with an
The pleas in law and main arguments are the same as in Case           address for service in Luxembourg at the office of Georgios
C-79/95 ; the time limit for implementation expired on                Kremlis , Wagner Centre, Kirchberg.
1 January 1993 . Contrary to what the defendant maintains,
complete and correct implementation of the Directive was              The applicant claims that the Court should :
not made impossible by the fact that the additional
provisions envisaged in Article 13 of the Directive,                  déclaré that the Italian Republic:
concerning loading density and the feeding, watering and
rest intervals to be observed, remain outstanding.                    — by failing to communicate the necessary provisions by
                                                                            law, regulation or administrative action to comply with
(M OJ No L 340 , 11 . 12 . 1991 , p . 17 .                                  Council Directive 90/53 1 /EEC ( a ) of 17 September 1990
                                                                            on the procurement procedures of entities operating in
                                                                            the water, energy, transport and telecommunications
                                                                            sectors , or by failing to adopt the necessary measures to
                                                                            comply therewith, in breach of Article 37 ( 1 ) of that
Action brought on 31 March 1995 by the Commission of                        Directive, and
the European Communities against the Federal Republic of
                                                                      — by failing to adopt by law, regulation or administrative
                              Germany
                                                                            action the necessary provisions to comply with Council
                       ( Case C-108/95 )                                    Directive 92/50/EEC ( 2 ) of 18 June 1992 relating to the
                          ( 95/C 159/16 )                                   coordination of procedures for the award of public
                                                                            service contracts, and in any event by failing to
An action against the Federal Republic of Germany was                       communicate such provisions, in breach of the first
brought before the Court of Justice of the European                         subparagraph of Article 44 ( 1 ) of that Directive,
Communities on 31 March 1995 by the Commission of the
European Communities, represented by Klaus-Dieter                     has failed to fulfil its obligations under Community law.
Borchardt, a member of the Commission's Legal Service,
with an address for service in Luxembourg at the office of            Order the Italian Republic to pay the costs .
Georgios Kremlis, Wagner Centre, Kirchberg .
                                                                      Pleas in law and main arguments adduced in support:
The applicant claims that the Court should :
                                                                      The pleas in law and main arguments are the same as in Case
1 , declare that, by failing to adopt within the prescribed           C-79/95 ; the time limits for implementation expired on
     time limit the measures necessary to comply with                  1 July 1992 ( Directive 90/53 1 /EEC ) and 1 July 1993
     Commission Directive 93/ 17/EEC of 30 March 1993                 ( Directive 92/50/EEC ).
     determining Community grades of basic seed potatoes,
     together with the conditions and designations                    (•) OJ No L 297, 29 . 10 . 1990 , p . 1 .
     applicable to such grades ( ! ), the Federal Republic of         ( 2 ) OJ No L 209 , 24 . 7 . 1992 , p . 1 .
     Germany has failed to fulfil its obligations under the EC
     Treaty and under that Directive;
2 , order the Federal Republic of Germany to pay the
     costs .
                                                                      Reference for a preliminary ruling by the 0stre Landsret by
                                                                      decision of that court of 24 March 1995 in the case of
Pleas in law and main arguments adduced in support:                            Texaco A/S v. Port of Middelfart and Others
The pleas in law and main arguments are the same as in Case                                      ( Case C-1 14/95
C-79/95 ; the time limit for implementation expired on                                             ( 95/C 159/ 18
 1 June 1993 .
                                                                      Reference has been made to the Court of Justice of the
(') OJ No L 106 , 30 . 4 . 1993 , p . 7.                              European Communities by a decision of the 0stre Landsret
                                                                       ( Eastern Regional Court ) of 24 March 1995 , which was
                                                                      received at the Court Registry on 3 April 1995 , for a
                                                                      preliminary ruling in the case of Texaco A/S v. Port of
                                                                      Middelfart and Others on the following questions:
Action brought on 31 March 1995 by the Commission of
  the European Communities against the Italian Republic                1 . Must the compatibility with Community law of a 40 %
                        ( Case C-1 13/95 )
                                                                             surcharge on a general goods duty, which is levied by a
                                                                             Member State when goods are imported by ship from
                           ( 95/C 159/17)                                    another Member State, be assessed in the light of:
An action against the Italian Republic was brought before                    (A ) — Articles 9 to 13 of the EC Treaty, if necessary in
the Court of Justice of the European Communities on                                    conjunction with Articles 18 to 29 and Council
31 March 1995 by the Commission of the European                                        Regulation ( EEC ) No 2658/87 of 23 July 1987