CELEX: C1997/331/30
Language: en
Date: 1997-11-01 00:00:00
Title: Action brought on 17 September 1997 by the Commission of the European Communities against the Kingdom of Belgium (Case C-326/97)

1 . 11 . 97            EN                    Official Journal of the European Communities                                    C 331 / 15
Pleas in law and main arguments adduced in support:                     necessary to comply with the Directive named in the
                                                                        Commission's application.
Pleas in law and main arguments correspond to those set                 (') OJ L 168 , 18 . 7. 1995, p. 14 .
                                                                        ( 2 ) OJ L 384 , 31 . 12 . 1986 , p. 1 .
out in Case C-320/97 (2 ); the period prescribed in the
Directive expired on 31 December 1995 .
O OJ L 368 , 31 . 12 . 1994 , p. 38 .
(2) See p. 13 of this Official Journal.
                                                                        Action brought on 17 September 1997 by the Commission
                                                                        of the European Communities against the Federal
                                                                                                  Republic of Germany
                                                                                                    ( Case C-325/97)
                                                                                                      ( 97/C 331 /29 )
Action brought on 17 September 1997 by the Commission
 of the European Communities against the Italian Republic
                                                                        An action against the Federal Republic of Germany was
                          ( Case C-324/97)                              brought before the Court of Justice on 17 September 1997
                                                                        by the Commission of the European Communities,
                            ( 97/C 331/28 )                             represented by Klaus-Dieter Borchardt, of its Legal
                                                                        Service, acting as Agent, with an address for service in
                                                                        Luxembourg at the office of Carlos Gomez de la Cruz,
                                                                        also of the Commission's Legal Service, Wagner Centre,
An action against the Italian Republic was brought before               Kirchberg.
the Court of Justice of the European Communities on
17 September 1997 by the Commission of the European
Communities, represented by Paolo Stancanelli of its Legal              The Commission claims that the Court should:
Service, acting as Agent, with an address for service in
Luxembourg at the office of Carlos Gomez de la Cruz,
Wagner Centre, Kirchberg.                                               1 . declare that, by failing to adopt the measures
                                                                               necessary to comply with Directives 94/39/EC ( ! ) and
                                                                               95/10/EC (2 ) within the period prescribed, the Federal
                                                                               Republic of Germany has failed to fulfil its obligations
The applicant claims that the Court should:                                    under the EC Treaty and those Directives;
                                                                        2 . order the defendant to pay the costs.
— declare that, by not adopting the laws, regulations and
     administrative provisions necessary to comply with
     European Parliament and Council Directive 95/27/EC                 Pleas in law and main arguments adduced in support:
     of 29 June 1995 (') amending Council Directive
     86/662/EEC       on     the  limitation  of   noise  emitted       Pleas in law and main arguments correspond to those set
     by hydraulic excavators, rope-operated excavators,                 out in Case C-320/97 ( 3 ); the period prescribed for
     dozers, loaders and excavator-loaders ( 2) or, in any              transposition expired on 30 June 1995 .
     event, by not having communicated such measures, the
     Italian Republic has failed to fulfil its obligations
                                                                        O OJ L 207, 10 . 8 . 1994, p. 20 .
     under that Directive;
                                                                        (2 ) OJ L 91 , 22 . 4 . 1995 , p . 39 .
                                                                        (3 ) See p. 13 of this Official Journal.
— order the Italian Republic to pay the costs.
Pleas in law and main arguments adduced in support:
                                                                        Action brought on 17 September 1997 by the Commission
                                                                        of the European Communities against the Kingdom of
                                                                                                           Belgium
Article 1 89 of the EC Treaty, in providing that a directive                                         (Case C-326/97)
is binding, as to the result to be achieved, upon the
Member State to which it is addressed, places Member                                                   ( 97/C 331 /30 )
States under an obligation to comply with the time-limits
set by directives for their implementation. In the present
case, when the time-limit expired on 31 December 1995 ,                 An action against the Kingdom of Belgium was brought
the Italian Republic had not adopted the measures                        before the Court of Justice on 17 September 1997 by the
 ---pagebreak--- c 331/16               ΓΕΝ                   Official Journal of the European Communities                                       1 . 11 . 97
Commission of the European Communities, represented                             Republic of Germany has failed to fulfil its obligations
by Paolo Stancanelli, of its Legal Service, acting as Agent,                    under the EC Treaty and those Directives;
with an address for service in Luxembourg at the office of
Carlos Gomez de la Cruz, also of the Commission's Legal
Service, Wagner Centre, Kirchberg.                                      2. order the defendant to pay the costs.
The Commission claims that the Court should :                           Pleas in law and main arguments adduced in support:
                                                                        Pleas in law and main arguments correspond to those set
1 . declare that, by failing to bring into force, within                out in Case C-320/97 ( 3 ); the period prescribed for
      the period prescribed, the laws, regulations and                  transposition expired on 1 July 1995 .
      administrative provisions necessary to comply with
      European Parliament and Council Directive 95/27/EC
      of 29 June 1995 ( l ) amending Council Directive 86/              H OJ L 182, 2 . 8 . 1995 , p. 14 .
      662/EEC       on    the     limitation of   noise   emitted       ( 2 ) OJ L 182, 2 . 8 . 1995, p. 17.
      by hydraulic excavators, rope-operated excavators,                ( 3 ) See p. 13 of this Official Journal.
      dozers, loaders and excavator-loaders (2 ), the Kingdom
      of Belgium has failed to fulfil its obligations under
      that Directive and the EC Treaty;
2 . order the Kingdom of Belgium to pay the costs.
                                                                        Action brought on 24 September 1997 by the Commission
                                                                        of the European Communities against the Kingdom of
Pleas in law and main arguments adduced in support:                                                        Belgium
                                                                                                     ( Case C-332/97)
Pleas in law and main arguments correspond to those set                                                ( 97/C 331/32 )
out in Case C-320/97 ( 3 ); the period prescribed for
transposition expired on 31 December 1995 .
                                                                        An action against the Kingdom of Belgium was brought
                                                                        before the Court of Justice on 24 September 1997 by the
(') OJ L 168 , 18 . 7. 1995 , p. 14 .                                   Commission of the European Communities, represented
(2 ) OJ L 384, 31 . 12 . 1986 , p . 1 .
(3 ) See p. 13 of this Official Journal.
                                                                        by H. van Vliet, acting as Agent, with an address for
                                                                        service in Luxembourg at the office of Carlos Gomez de la
                                                                        Cruz, of the Commission's Legal Service, Wagner Centre,
                                                                        Kirchberg.
                                                                        The Commission claims that the Court should :
Action brought on 23 September 1997 by the Commission
of the European Communities against the Federal                         1 . declare that, by failing to bring into force, within
                        Republic of Germany                                     the period prescribed, the laws, regulations and
                            Case C-331/97)                                      administrative provisions necessary to comply with
                                                                                Council Directive 93/119/EC of 22 December 1993 on
                            ( 97/C 331/31 )                                     the protection of animals at the time of slaughter or
                                                                                killing ( l ), the Kingdom of Belgium has failed to fulfil
                                                                                its obligations under the Treaty;
An action against the Federal Republic of Germany was
brought before the Court of Justice on 23 September 1997                2 . order the Kingdom of Belgium to pay the costs.
by the Commission of the European Communities,
represented by Klaus-Dieter Borchardt, of its Legal
Service, acting as Agent, with an address for service in                Pleas in law and main arguments adduced in support:
Luxembourg at the office of Carlos Gomez de la Cruz,
also of the Commission's Legal Service, Wagner Centre,
Kirchberg.                                                              Pleas in law and main arguments correspond to those set
                                                                        out in Case C-320/97 (2 ); the period prescribed in the
                                                                        Directive expired on 1 January 1995 .
The Commission claims that the Court should :
                                                                        (') OJ L 340 , 31 . 12 . 1993 , p. 21 .
                                                                         ( z ) See p. 13 of this Official Journal .
1 . declare that, by failing to adopt the measures
      necessary to comply with Directives 95/40/EC (*) and
      95/4 1/EC (2) within the period prescribed, the Federal