CELEX: C1996/180/09
Language: en
Date: 1996-06-22 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 14 March 1996 in Case C-239/95: Commission of the European Communities v. Kingdom of Belgium (Failure of a Member State to fulfil its obligations - Transposition of Directive 90/385/EEC on the approximation of the laws of the Member States relating to active implantable medical devices)

22 . 6 . 96               EN                   Official Journal of the European Communities                                 No C 180/5
1 . Declares that, by failing to adopt within the prescribed                   Council Directive 90/385/EEC of 20 June 1990 on the
      period the laws, regulations and administrative                          approximation ofthe laws ofthe Member States relating
      provisions necessary to comply with Commission                           to active implantable medical devices, the Kingdom of
      Directive 93/67/EEC of 20 July 1993 laying down the                      Belgium has failed to fulfil its obligations under
      principles for assessment of risks to man and the                        Article 16 of that Directive.
      environment of substances notified in accordance with
      Council Directive 67/548/EEC, the Italian Republic has
      failed to fulfil its obligations under Article 8 of Directive       2 . Orders the Kingdom of Belgium to pay the costs.
      93/67/EEC.
                                                                          (') OJ No C 229 , 2 . 9 . 1995 .
2 . Orders the Italian Republic to pay the costs.
f 1 ) OJ No C 229 , 2 . 9 . 1995 .
                                                                                        JUDGMENT OF THE COURT
                                                                                                 of 19 March 1996
                 JUDGMENT OF THE COURT
                                                                          in    Case C-25/94 : Commission of the European
                            ( Sixth Chamber)                                   Communities v. Council of the European Union (^
                          of 14 March 1996                                (FAO — Fishery Agreement — Right to vote — Member
in Case        C-239/95 : Commission of the European                                          States — Community)
            Communities v. Kingdom of Belgium ( l )                                                 ( 96/C 180/10 )
 (Failure of a Member State to fulfil its obligations —
 Transposition of Directive 90/385/EEC on the
approximation of the laws of the Member States relating to                                (Language of the case: French)
               active implantable medical devices)
                               ( 96/C 180/09 )
                                                                          (Provisional translation; the definitive translation will be
                                                                                   published in the European Court Reports)
                  (Language of the case: French)
 (Provisional translation; the definitive translation will be             In Case C-25/94 : Commission of the European
           published in the European Court Reports)                       Communities ( Agent: Jorn Sack ) v . Council of the European
                                                                          Union ( Agents : Rudiger Bandilla and Felix van Craeyenest ),
                                                                          supported by United Kingdom of Great Britain and
In Case C-239/95 : Commission of the European                             Northern Ireland ( Agents : John E. Collins and Richard
 Communities ( Agent: Hendrik van Lier ) v. Kingdom of                    Plender QC ) — application for annulment of the decision of
Belgium ( Agent: Jan Devadder ) — application for a                       the Fisheries Council of 22 November 1993 giving the
declaration that, by failing to adopt and, in the alternative,            Member States the right to vote in the United Nations Food
to communicate to the Commission the measures necessary                   and Agriculture Organization for the adoption of the
to transpose Council Directive 90/385/EEC of 20 June 1990                 Agreement to Promote Compliance with International
on the approximation of the laws of the Member States                     Conservation and Management Measures by Fishing
relating to active implantable medical devices ( OJ No L 189,             Vessels on the High Seas — the Court, composed of G. C.
 1990, p . 17 ), the Kingdom of Belgium has failed to fulfil its          Rodriguez Iglesias, President, J. -P. Puissochet and G. Hirsch
obligations under that Directive and in particular Article 16             ( Presidents of Chambers ), G. F. Mancini, F. A. Schockweiler
thereof — the Court ( Sixth Chamber ), composed of C. N.                   ( Rapporteur), J. C. Moitinho de Almeida, P. J. G. Kapteyn,
Kakouris, President of the Chamber, G. Hirsch, G. F.                      C. Gulmann, J. L. Murray, H. Ragnemalm and L. Sevon,
Mancini, F. A. Schockweiler and J. L. Murray ( Rapporteur ),              Judges;      F.    G. Jacobs, Advocate-General;             D.
Judges; Advocate-General, D. Ruiz-Jarabo Colomer;                         Louterman-Hubeau, Principal Administrator, for the
 Registrar, R. Grass, gave a judgment on 14 March 1996, in                Registrar, gave a. judgment on 19 March 1996 , in which
which it :                                                                it :
 1 . Declares that, by failing to adopt the laws, regulations              1 . Annuls the decision of the Fisheries Council of
      and administrative provisions necessary to comply with                   22 November 1 993 giving the Member States the right