CELEX: C2002/144/33
Language: en
Date: 2002-06-15 00:00:00
Title: Case C-126/02: Action brought on 8 April 2002 by the Commission of the European Communities against the Kingdom of Belgium

C 144/20               EN                      Official Journal of the European Communities                                        15.6.2002
The applicant claims that the Court should:                                     Commission, the Kingdom of Belgium has failed to fulfil
                                                                                its obligations under that directive, in particular Article 27
1.    declare null and void the terminations of guarantee                       thereof;
      notified by HDI on 30 October and 13 and 20 November
      2001;                                                               —     order the Kingdom of Belgium to pay the costs.
2.    order HDI to pay damages amounting to EUR 44 556,84
      to offset the expenditure incurred by the Parliament in
      respect of additional insurance cover to replace the                Pleas in law and main arguments
      guarantees wrongfully terminated by the defendant and
      all other connected expenditure, together with interest
      calculated at the legal rate of interest, it being understood       The time-limit for transposition, extended by one year on
      that all accidents occurring during 2002 will be declared           account of the specific characteristics of Belgium’s electricity
      to HDI on the basis of the policies wrongfully terminated;          network, expired on 19 February 2000, but Belgium has not
                                                                          adopted all the requisite measures, particularly as regards the
                                                                          appointment of the network manager (as provided for in
3.    order the defendant to pay the costs.                               Article 10 of the Belgian Law on the organisation of the
                                                                          electricity market).
Pleas in law and main arguments                                           (1) OJ L 27 of 30.1.1997, p. 20.
The pleas in law and main arguments are similar to those put
forward in Case C-123/02.
                                                                          Appeal brought on 8 April 2002 by Bernhard Schulte
                                                                          against the judgment delivered on 7 February 2002 by the
                                                                          Fourth Chamber of the Court of First Instance of the
                                                                          European Communities in Case T-261/94 between
                                                                          Bernhard Schulte and the Council of the European Union
                                                                              and the Commission of the European Communities
Action brought on 8 April 2002 by the Commission
of the European Communities against the Kingdom of
                             Belgium                                                              (Case C-128/02 P)
                         (Case C-126/02)                                                           (2002/C 144/34)
                         (2002/C 144/33)
                                                                          An appeal against the judgment delivered on 7 February 2002
                                                                          by the Fourth Chamber of the Court of First Instance of the
                                                                          European Communities in Case T-261/94 between Bernhard
                                                                          Schulte and the Council of the European Union and the
An action against the Kingdom of Belgium was brought before               Commission of the European Communities (1) was brought
the Court of Justice of the European Communities on 8 April               before the Court of Justice of the European Communities on
2002 by the Commission of the European Communities,                       8 April 2002 by Bernhard Schulte, represented by Reinhard
represented by R. Tricot, acting as Agent, with an address for            Freise, Rechtsanwalt and Notar, Salzkotten.
service in Luxembourg.
                                                                          The appellant claims that the Court should:
The Commission of the European Communities claims that
the Court should:                                                         —     set aside the judgment under appeal;
—     declare that, by failing to adopt all the laws, regulations         —     order the respondents to pay the appellant compensation,
      and administrative measures necessary in order to comply                  quantified by him to be at least DEM 30 000, plus interest
      with Directive 96/92/EC of the European Parliament                        of 5 % per annum from 1 December 1989, for the
      and of the Council of 19 December 1996 concerning                         damage suffered by him as a result of the unlawful refusal
      common rules for the internal market in electricity (1), or               to grant him the reference delivery quantities for which
      at any rate by failing to communicate the same to the                     he applied.