CELEX: C2000/335/69
Language: en
Date: 2000-11-25 00:00:00
Title: Case C-370/00: Action brought on 4 October 2000 by the Commission of the European Communities against Ireland

25.11.2000              EN                       Official Journal of the European Communities                                      C 335/39
Commerce (Commercial Court), Foix, of 25 September 2000,                          Council Directive 96/49/EC of 23 July 1996 on the
which was received at the Court Registry on 28 September                          approximation of the laws of the Member States with
2000, for a preliminary ruling in the case of Réunion des                         regard to the transport of dangerous goods by rail (1) and
Assureurs Maladie v Jean Marc Laboup, on the following                            Commission Directive 96/87/EC of 13 December 1996
question:                                                                         adapting to technical progress Council Directive
                                                                                  96/49/EC on the approximation of the laws of the
In the light of:                                                                  Member States with regard to the transport of dangerous
—     the ruling of the Court of Justice of the European                          goods by rail (2) or in any event by failing to inform the
      Communities in Case C-129/96 Inter-Environnement                            Commission of those measures, Ireland has failed to fulfil
      Wallonie v Région Wallonne [1997] ECR I-7411, which                         its obligations under those Directives.
      states that:
                                                                            —     order Ireland to pay the costs.
      ‘the Member States ... [must] refrain, during the period
      laid down [in a directive] for its implementation, from
                                                                            Pleas in law and main arguments
      adopting measures liable seriously to compromise the
      result prescribed’; and
                                                                            Article 249 CE (ex Article 189 of the EC Treaty) under which
—     the judgment of the Court of Justice of the European                  a directive shall be binding as to the result to be achieved,
      Communities in Case C-239/98 Commission v France                      upon each Member State, carries by implication an obligation
      [1999] ECR I-8935 declaring that the French State has                 on the Member States to observe the period for compliance
      failed to fulfil its obligations to transpose Directives              laid down in the directive. That period expired on 1 January
      92/49 and 92/96 into domestic law,                                    1997 without Ireland having adopted all the measures necess-
                                                                            ary to comply with the directives referred to in the conclusions
      can Directive 92/49/EEC of 18 June 1992 relating to
                                                                            of the Commission.
      direct insurance other than life assurance (1) and Directive
      92/96/EEC of 10 November 1992 [relating to direct life
      assurance] (2) be interpreted as prohibiting any enforce-             (1) OJ L 235, 17.09.1996, p. 25-30 .
      ment (or any procedure) of any kind whatsoever, in                    (2) OJ L 335, 24.12.1996, p. 45.
      particular by means of court-supervised receivership
      or liquidation proceedings before the Tribunaux de
      Commerce, of judicial decisions taken pursuant to legis-
      lation on direct insurance other than life assurance [or on
      direct life assurance] which is incompatible with those
      directives?                                                           Appeal brought on 9 October 2000 by RJB Mining plc
                                                                            against the order made on 25 July 2000 by the Second
(1) Council Directive 92/49/EEC of 18 June 1992 on the coordination         Chamber, Extended Composition, of the Court of First
    of laws, regulations and administrative provisions relating to          Instance of the European Communities in case T-110/98 (1)
    direct insurance other than life assurance and amending Directives      between RJB Mining plc and the Commission of the
    73/239/EEC and 88/357/EEC (third non-life insurance Directive)          European Communities, supported by the Federal Repub-
    (OJ 1992 L 228, p. 1).
(2) Council Directive 92/96/EEC of 10 November 1992 on the                  lic of Germany, the Kingdom of Spain and RAG Aktienge-
    coordination of laws, regulations and administrative provisions                                      sellschaft
    relating to direct life assurance and amending Directives
    79/267/EEC and 90/619/EEC (third life assurance Directive) (OJ                                  (Case C-371/00 P)
    1992 L 360, p. 1).
                                                                                                     (2000/C 335/70)
                                                                            An appeal against the order made on 25 July 2000 by the
                                                                            Second Chamber, Extended Composition, of the Court of First
Action brought on 4 October 2000 by the Commission                          Instance of the European Communities in case T-110/98
        of the European Communities against Ireland                         between RJB Mining plc and the Commission of the European
                                                                            Communities, supported by the Federal Republic of Germany,
                          (Case C-370/00)                                   the Kingdom of Spain and RAG Aktiengesellschaft, was
                                                                            brought before the Court of Justice of the European Communi-
                          (2000/C 335/69)
                                                                            ties on 9 October 2000 by RJB Mining plc, a public limited
An action against Ireland was brought before the Court of                   company incorporated in England with its registerd office at
Justice of the European Communities on 4 October 2000 by                    Harworth, United Kingdom, represented by Mark Brealey,
the Commission of the European Communities, represented                     Barrister, of the Bar of England and Wales, and Jonathan
by Marie Wolfcarius, Legal Adviser, acting as agent, with an                Lawrence, Solicitor, with an address for service in Luxembourg
address for service at the office of Carlos Gómez de la Cruz, a            at the Chambers of Arendt and Medernach, 8-10, Rue Mathias
member of the Legal Service of the Commission, Wagner                       Hardt.
Centre, Kirchberg, Luxembourg.
                                                                            The Appellant seeks an order that:
The Applicant claims that the Court should:
                                                                            1)    the Appeal be allowed;
—     declare that by failing to adopt the laws, regulations or
      administrative provisions necessary to comply with                    2)    the Order be set aside;