CELEX: C2000/079/38
Language: en
Date: 2000-03-18 00:00:00
Title: Case C-33/00: Action brought on 8 February 2000 by the Commission of the European Communities against Kingdom of Belgium

18.3.2000               EN                   Official Journal of the European Communities                                          C 79/19
     of a List II disease on an approved farm or in an approved         Action brought on 27 January 2000 by the Commission
     zone, a Member State adopts a domestic measure the                         of the European Communities against Ireland
     application of which results in the destruction and slaugh-
     ter of fish, are the principles of Community law relating to                                (Case C-22/00)
     the protection of fundamental rights in particular the right
     of property, to be interpreted as having placed on a
     Member State the obligation to adopt measures providing                                     (2000/C 79/37)
     for the payment of compensation
                                                                        An action against Ireland was brought before the Court of
     (a) to an owner of fish which are destroyed; and                   Justice of the European Communities on 27 January 2000 by
     (b) to an owner of fish which are required to be slaughtered       the Commission of the European Communities, represented
         immediately, thereby necessitating the immediate sale          by Mr Richard Wainwright, Principal Legal Adviser, acting as
         of those fish by that owner?                                   agent, with an address for service at the office of Mr Carlos
                                                                        Gómez de la Cruz, a member of the Legal Service of the
2. If the Member State is required to adopt such measures,              Commission, Wagner Centre, Kirchberg, Luxembourg.
     what are the criteria of interpretation needed by a national
     court to determine whether the measures that are adopted           The Applicant claims that the Court should:
     are compatible with the fundamental rights, in particular
     the right of property, which the Court ensures and which           — declare that, in failing to adopt all the measures to
     derive in particular from the European Convention on                    fully and correctly transpose Article 7, second indent, of
     Human Rights?                                                           Directive 87/217/EEC (1), Ireland has failed to comply with
                                                                             Directive 87/217/EEC;
3. In particular, do the criteria require that the measures
     differentiate between the situation where the outbreak of
                                                                        — order Ireland to pay the costs.
     the disease was due to the fault of the owner of the fish
     concerned and the situation where the owner was not at
     fault?
                                                                        Pleas in law and main arguments
(1) Council Directive 93/53/EEC of 24 June 1993 introducing mini-
    mum Community measures for the control of certain fish diseases,    Article 249 CE (ex Article 189 of the EC Treaty) under which
    OJ L 175, 19.07.1993, p. 23.                                        a directive shall be binding as to the result to be achieved,
                                                                        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 31 December
                                                                        1988 without Ireland having adopted all the measures necess-
                                                                        ary to fully and correctly transpose Article 7, second indent, of
                                                                        the directive referred to in the conclusions of the Commission.
Reference for a preliminary ruling by the Ufficio del
Giudice di Pace di Massa, by order of 8 October 1999 in
the action pending before that court between Hamadeh                    (1) Council Directive 87/217/EEC on the prevention and reduction
                Adnan and Società Fiat Sava SpA                             of environmental pollution by asbestos (OJ L 85 of 28.3.1987, p.
                                                                            40).
                           (Case C-21/00)
                           (2000/C 79/36)
Reference has been made to the Court of Justice of the
European Communities by order of the Ufficio del Giudice del
Pace di Massa (Office of the Justice of the Peace, Massa) of
8 October 1999, received at the Court Registry on 24 January            Action brought on 8 February 2000 by the Commission of
2000, for a preliminary ruling in the proceedings pending               the European Communities against Kingdom of Belgium
before it between Hamadeh Adnan and Fiat Sava SpA
                                                                                                 (Case C-33/00)
On the question of the validity and effect within Italian
territory of Council Directive 93/13/EEC of 5 April (1) in view                                  (2000/C 79/38)
of the Italian State’s failure to implement the directive in good
time or by 9 March 1995 when a deed of guarantee was
concluded by the defendant in the present action.                       An action against the Kingdom of Belgium was brought
                                                                        before the Court of Justice of the European Communities
                                                                        on 8 February 2000 by the Commission of the European
(1) Directive on unfair terms in consumer contracts, OJ 1993 L 95,      Communities, represented by Michel Nolin, of its Legal Service,
    p. 29.                                                              acting as Agent, with an address for service in Luxembourg at
                                                                        the office of Carlos Gómez de la Cruz, Wagner Centre,
                                                                        Kirchberg.
 ---pagebreak--- C 79/20               EN                   Official Journal of the European Communities                                    18.3.2000
The applicant claims that the Court should:                               from motor vehicles (1), the Kingdom of Belgium has failed
                                                                          to fulfil its obligations under that directive;
— Declare that, by failing to adopt and bring into force
    within the prescribed period the laws, regulations and            — Order the Kingdom of Belgium to pay the costs.
    administrative provisions necessary to comply with Com-
    mission Directive 98/90/EC of 30 November 1998 adapt-
    ing to technical progress Council Directive 70/387/EEC            Pleas in law and main arguments
    relating to the doors of motor vehicles and their trailers (1),
    the Kingdom of Belgium has failed to fulfil its obligations
    under that directive;                                             Under Article 189 of the EC Treaty (now Article 249 EC) of
                                                                      the EC Treaty, according to which a directive is to be binding,
                                                                      as to the result to be achieved, upon each Member State to
— Order the Kingdom of Belgium to pay the costs.                      which it is addressed, Member States are required to observe
                                                                      the time-limits laid down in directives for their transposition.
                                                                      That time-limit expired on 31 December 1998 without the
Pleas in law and main arguments                                       Kingdom of Belgium having brought into force the necessary
                                                                      provisions in order to comply with the directive referred to in
                                                                      the Commission’s application.
Under Article 189 of the EC Treaty (now Article 249 EC) of
the EC Treaty, according to which a directive is to be binding,
as to the result to be achieved, upon each Member State to            (1) OJ 1998 L 286, p. 34.
which it is addressed, Member States are required to observe
the time-limits laid down in directives for their transposition.
That time-limit expired on 31 December 1998 without the
Kingdom of Belgium having brought into force the necessary
provisions in order to comply with the directive referred to in
the Commission’s application.
(1) OJ 1998 L 337, p. 29.                                                    Removal from the register of Case C-204/99 (1)
                                                                                                 (2000/C 79/40)
                                                                      By order of 18 November 1999 the President of the Court of
                                                                      Justice of the European Communities has ordered the removal
                                                                      from the register of Case-204/99: Commission of the European
                                                                      Communities v Grand-Duchy of Luxembourg.
Action brought on 8 February 2000 by the Commission of
the European Communities against Kingdom of Belgium                   (1) OJ C 226 of 7.8.1999.
                         (Case C-34/00)
                         (2000/C 79/39)
An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities                      Removal from the register of Case C-317/98 (1)
on 8 February 2000 by the Commission of the European
Communities, represented by Michel Nolin, of its Legal Service,                                  (2000/C 79/41)
acting as Agent, with an address for service in Luxembourg at
the office of Carlos Gómez de la Cruz, Wagner Centre,
Kirchberg.                                                            By order of 25 November 1999 the President of the Court of
                                                                      Justice of the European Communities has ordered the removal
                                                                      from the register of Case C-317/98 (reference for a preliminary
The applicant claims that the Court should:                           ruling from Pretore di Udine, sezione distaccata di Cividale del
                                                                      Friuli): Procuratore della Repubblica v Claudio Chiarotti and
— Declare that, by failing to adopt and bring into force              Antonino Chillemi.
    within the prescribed period the laws, regulations and
    administrative provisions necessary to comply with Com-
    mission Directive 98/77/EC of 2 October 1998 adapting             (1) OJ C 327 of 24.10.1998.
    to technical progress Council Directive 70/220/EEC on the
    approximation of the laws of the Member States relating
    to measures to be taken against air pollution by emissions