CELEX: C1998/055/14
Language: en
Date: 1998-02-20 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 16 December 1997 in Case C-341/96: Commission of the European Communities v. Federal Republic of Germany (Failure of a Member State to fulfil its obligations - Directive 93/36/EEC - Failure to transpose within the prescribed period)

C 55/8                 EN                  Official Journal of the European Communities                                      20.2.98
health conditions governing the placing on the market of              Administrativo (Portuguese Supreme Administrative
aquaculture animals and products (OJ L 175, 19.7.1993,                Court) for a preliminary ruling in the proceedings pending
p. 34), Council Directive 93/113/EC of 14 December 1993               before that court between FaÂbrica de Queijo Eru Portu-
concerning the use and marketing of enzymes, micro-                   guesa Ld..a and Subdirector-Geral das AlfaÃndegas; joined
organisms and their preparations in animal nutrition (OJ              as a party: MinisteÂrio PuÂblico Ð on the interpretation of
L 334, 31.12.1993, p. 17) and Council Directive 93/114/               Article 14(2) of Council Regulation (EEC) No 1999/85 of
EC of 14 December 1993 amending Directive 70/524/EEC                  16 July 1985 on inward processing relief arrangements
concerning additives in feedingstuffs (OJ L 334,                      (OJ L 188, 20.7.1985, p. 1) and Articles 27 and 28 of
31.12.1993, p. 24), the Italian Republic has failed to fulfil         Council Regulation (EEC) No 3677/86 of 24 November
its obligations under those Directives and the EC Treaty              1986 laying down provisions for the implementation of
Ð the Court (Sixth Chamber), composed of: H.                          Regulation (EEC) No 1999/85 (OJ L 351, 12.12.1986,
Ragnemalm (Rapporteur), President of the Chamber, R.                  p. 1), as amended by Commission Regulation (EEC)
Schintgen, G. F. Mancini, P. J. G. Kapteyn and G. Hirsch,             No 2281/88 of 25 July 1988 (OJ L 200, 26.7.1988, p. 20)
Judges; N. Fennelly, Advocate-General; L. Hewlett,                    Ð the Court (Fourth Chamber), composed of: H.
Administrator, for the Registrar, has given a judgment on             Ragnemalm (Rapporteur), President of the Chamber,
16 December 1997, in which it:                                        P. J. G. Kapteyn and J. L. Murray, Judges; D. Ruiz-Jarabo
                                                                      Colomer, Advocate-General; H. A. Rühl, Principal
1. declares that, by failing to bring into force within the           Administrator, for the Registrar, has given a judgment on
     prescribed periods the laws, regulations and                     16 December 1997, in which it has ruled:
     administrative provisions necessary to comply with
     Council Directive 93/53/EEC of 24 June 1993                      Article 28 of Council Regulation (EEC) No 3677/86 of
     introducing minimum Community measures for the                   24 November 1986 laying down provisions for the
     control of certain fish diseases, Council Directive 93/          implementation of Regulation (EEC) No 1999/85 on
     113/EC of 14 December 1993 concerning the use and                inward processing relief arrangements, as amended by
     marketing of enzymes, micro-organisms and their                  Commission Regulation (EEC) No 2281/88 of 25 July
     preparations in animal nutrition and Council Directive           1988, must be interpreted as meaning that the time-limits
     93/114/EC of 14 December 1993 amending Directive                 for re-export laid down therein may not be extended.
     70/524/EEC concerning additives in feedingstuffs, the
     Italian Republic has failed to fulfil its obligations
     under the first subparagraph of Article 20(1) of                 (1) OJ C 354, 23.11.1996.
     Directive 93/53/EEC, the first subparagraph of
     Article 8(1) of Directive 93/113/EC and the first
     subparagraph of Article 2(1) of Directive 93/114/EC;
2. orders the Italian Republic to pay the costs.
                                                                                    JUDGMENT OF THE COURT
(1) OJ C 336, 9.11.1996.                                                                     (Sixth Chamber)
                                                                                          of 16 December 1997
                                                                      in    Case C-341/96: Commission of the European
                                                                            Communities v. Federal Republic of Germany (1)
                JUDGMENT OF THE COURT                                 (Failure of a Member State to fulfil its obligations Ð
                                                                      Directive 93/36/EEC Ð Failure to transpose within the
                       (Fourth Chamber)                                                     prescribed period)
                     of 16 December 1997                                                       (98/C 55/14)
in Case C-325/96 (reference for a preliminary ruling from
the Supremo Tribunal Administrativo): FaÂbrica de Queijo
                                                                                    (Language of the case: German)
Eru Portuguesa Ld..a v. Subdirector-Geral das AlfaÃndegas;
            joined as a party: MinisteÂrio PuÂblico (1)
(Inward processing relief arrangements Ð Special                        (Provisional translation; the definitive translation will be
arrangements for milk sector products Ð Extension of the                       published in the European Court Reports)
                     time-limit for export)
                          (98/C 55/13)                                In Case C-341/96: Commission of the European
                                                                      Communities (Agent: Claudia Schmidt) v. Federal
               (Language of the case: Portuguese)                     Republic of Germany (Agents: Ernst Röder and Bernd
                                                                      Kloke) Ð application for a declaration that, by failing to
                                                                      adopt within the prescribed period all the laws and
  (Provisional translation; the definitive translation will be        regulations necessary to comply with Council Directive
          published in the European Court Reports)                    93/36/EEC of 14 June 1993 coordinating procedures for
                                                                      the award of public supply contracts (OJ L 199, 9.8.1993,
In Case C-325/96: reference to the Court under Article 177            p. 1) and, in the alternative, by failing to notify the
of the EC Treaty from the Supremo Tribunal                            Commission immediately of the measures adopted in
 ---pagebreak--- 20.2.98               EN                   Official Journal of the European Communities                                       C 55/9
order to transpose that Directive, the Federal Republic of            Confederation concerning direct insurance other than life
Germany has failed to fulfil its obligations under the third          assurance (OJ L 205, 27.7.1991, p. 48) or, in the
paragraph of Article 189 of the EC Treaty and                         alternative, by failing to inform the Commission thereof,
Article 34(1) of the Directive Ð the Court (Sixth                     the Kingdom of Spain has failed to fulfil its obligations
Chamber), composed of: H. Ragnemalm (Rapporteur),                     under the EC Treaty Ð the Court (Fifth Chamber),
President of the Chamber, G. F. Mancini, P. J. G. Kapteyn,            composed of: C. Gulmann, President of the Chamber, M.
J. L. Murray and K. M. Ioannou, Judges; N. Fennelly,                  Wathelet, J. C. Moitinho de Almeida (Rapporteur), P. Jann
Advocate-General; R. Grass, Registrar, has given a                    and L. Sevón, Judges; A. La Pergola, Advocate-General; L.
judgment on 16 December 1997, in which it:                            Hewlett, Administrator, for the Registrar, has given a
                                                                      judgment on 18 December 1997, in which it:
1. declares that, by failing to adopt within the prescribed
     period all the laws and regulations necessary to                 1. declares that, by failing to adopt within the prescribed
     comply with Council Directive 93/36/EEC of 14 June                    period the laws, regulations and administrative
     1993 coordinating procedures for the award of public                  provisions necessary to comply with Council Directive
     supply contracts, the Federal Republic of Germany has                 91/371/EEC of 20 June 1991 on the implementation
     failed to fulfil its obligations under Article 34(1) of               of the Agreement between the European Economic
     that Directive;                                                       Community and the Swiss Confederation concerning
                                                                           direct insurance other than life assurance, the
                                                                           Kingdom of Spain has failed to fulfil its obligations
                                                                           under that Directive;
2. orders the Federal Republic of Germany to pay the
     costs.
                                                                      2. orders the Kingdom of Spain to pay the costs.
(1) OJ C 370, 7.12.1996.
                                                                      (1) OJ C 16, 20.1.1996.
               JUDGMENT OF THE COURT
                        (Fifth Chamber)                                              JUDGMENT OF THE COURT
                                                                                              (Fifth Chamber)
                     of 18 December 1997
                                                                                          of 18 December 1997
       in Case C-360/95: Commission of the European
            Communities v. Kingdom of Spain (1)                       in   Case    C-361/95: Commission of the European
                                                                                  Communities v. Kingdom of Spain (1)
(Failure to fulfil obligations Ð Failure to transpose
Directive 91/371/EEC Ð Implementation of the                          (Failure to fulfil obligations Ð Failure to transpose
Agreement between the European Economic Community                     Directive 92/49/EEC Ð Direct insurance other than life
and the Swiss Confederation on direct insurance other                                            assurance)
                       than life assurance
                                                                                                (98/C 55/16)
                          (98/C 55/15)
                                                                                     (Language of the case: Spanish)
               (Language of the case: Spanish)
                                                                        (Provisional translation; the definitive translation will be
                                                                                published in the European Court Reports)
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)
                                                                      In Case C-361/95: Commission of the European
                                                                      Communities (Agents: Dimitrios Gouloussis and Blanca
In Case C-360/95: Commission of the European                          VilaÂ Costa) v. Kingdom of Spain (Agents: Alberto JoseÂ
Communities (Agents: Dimitrios Gouloussis and Blanca                  Navarro GonzaÂlez and Rosario Silva de Lapuerta) Ð
VilaÂ Costa) v. Kingdom of Spain (Agents: Alberto JoseÂ               application for a declaration that, by failing to adopt and
Navarro GonzaÂlez and Rosario Silva de Lapuerta) Ð                    bring into force within the prescribed period the laws,
application for a declaration that, by failing to adopt and           regulations and administrative provisions necessary to
bring into force within the prescribed period the laws,               comply with Council Directive 92/49/EEC of 18 June
regulations and administrative provisions necessary to                1992 on the coordination of laws, regulations and
comply with Council Directive 91/371/EEC of 20 June                   administrative provisions relating to direct insurance other
1991 on the implementation of the Agreement between                   than life assurance and amending Directives 73/239/EEC
the European Economic Community and the Swiss                         and 88/357/EEC (third non-life insurance Directive)