CELEX: C2000/006/32
Language: en
Date: 2000-01-08 00:00:00
Title: Case C-408/99: Action brought on 25 October 1999 by the Commission of the European Communities against Ireland

8.1.2000              EN                   Official Journal of the European Communities                                       C 6/17
Action brought on 19 October 1999 by the Commission                   Action brought on 25 October 1999 by the Commission
of the European Communities against the Kingdom of                            of the European Communities against Ireland
                             Belgium
                                                                                              (Case C-408/99)
                        (Case C-402/99)
                                                                                               (2000/C 6/32)
                         (2000/C 6/31)
An action against the Kingdom of Belgium was brought                  An action against Ireland was brought before the Court of
before the Court of Justice of the European Communities               Justice of the European Communities on 25 October 1999 by
on 19 October 1999 by the Commission of the European                  the Commission of the European Communities, represented
Communities, represented by Götz zur Hausen, Legal Adviser,           by Marie Wolfcarius, Legal Adviser, acting as Agent, with an
and Olivier Couvert-Castéra, a national civil servant seconded        address for service in Luxembourg at the office of Carlos
to its Legal Service, acting as Agents, with an address for           Gómez de la Cruz, member of the Legal Service of the
service in Luxembourg at the Chambers of Carlos Gómez de             Commission, Centre Wagner.
la Cruz, a member of its Legal Service, Wagner Centre,
Kirchberg.
                                                                      The Applicant claims that the Court should:
The applicant claims that the Court should:
                                                                      — declare that by failing to adopt the laws, regulations or
— declare that, by failing to adopt the measures necessary to             administrative provisions necessary to comply with
    implement properly and in full Article 3(2) and (4) of                Council Directive 94/55/EC (1) of 21 November 1994 on
    Council Directive 90/313/EEC of 7 June 1990 on the                    the approximation of the laws of the Member States with
    freedom of access to information on the environment (1),              regard to the transport of dangerous goods by road and
    the Kingdom of Belgium has failed to fulfil its obligations           Commission Directive 96/86/EC (2) adapting to technical
    under that directive;                                                 progress Council Directive 94/55/EC on the approximation
                                                                          of the laws of the Member States with regard to the
                                                                          transport of dangerous goods by road, or in any event by
— order the Kingdom of Belgium to pay the costs.                          failing to inform the Commission of those measures,
                                                                          Ireland has failed to fulfil its obligations under those
                                                                          Directives;
Pleas in law and main arguments
                                                                      — order Ireland to pay the costs.
— As regards transposition of Article 3(2) of Directive
    90/313/EEC, the Commission considers that the present
    position under Belgian law does not ensure that the
    competent authorities can never justify refusing access to        Pleas in law and main arguments
    environmental information on the basis of the exceptions
    in subparagraph 6 of Article 6(1) (protection of a federal
    economic or financial interest, of the currency, or of
    public funds) or subparagraph 2 of Article 6(2) (duty of          Article 249 EC (ex Article 189 of the EC Treaty), under which
    confidentiality) of the Federal Law of 11 June 1994 on            a directive shall be binding, as to the result to be achieved,
    public notices of the administrative authorities.                 upon each Member State, carries by implication an obligation
                                                                      on the Member States to observe the period for compliance
                                                                      laid down in the directive. That period expired on 1 January
— As regards transposition of Article 3(4) of Directive               1997 without Ireland having enacted the provisions necessary
    90/313/EEC, the Commission points out that the Belgian            to comply with the directives referred to in the conclusions of
    legal system does not provide a clear guarantee that              the Commission.
    any body bearing an appeal will automatically consider
    unlawful an implied refusal where reasons are not formally
    provided.
                                                                      (1) OJ L 319 of 12.12.1994, p. 7.
                                                                      (2) OJ L 335 of 24.12.1996, p. 43.
(1) OJ L 158 of 23.6.1990, p. 56.