CELEX: C1997/318/11
Language: en
Date: 1997-10-18 00:00:00
Title: Action brought on 13 August 1997 by the Commission of the European Communities against the Kingdom of Spain (Case C-298/97)

18 . 10 . 97             EN                  Official Journal of the European Communities                                   C 318/7
Action brought on 13 August 1997 by the Commission of                   The applicant claims that the Court should:
 the European Communities against the Kingdom of Spain
                           ( Case C-298/97 )                            — declare that, by failing to adopt within the prescribed
                                                                             period all the provisions necessary to comply fully and
                             ( 97/C 318/11 )                                 properly with Council Directive 86/609/EEC of
                                                                             24 November 1986 on the approximation of laws,
                                                                             regulations and administrative provisions of the
An action against the Kingdom of Spain was brought                           Member States regarding the protection of animals
before the Court of Justice of the European Communities                      used for experimental and other scientific purposes (')
on 13 August 1997 by the Commission of the European                          and in particular Articles 19 ( 5 ) and 6 ( 1 ) of the
Communities, represented by Fernando Castillo de la                          Directive, the Portuguese Republic has failed to fulfil
Torre, acting as Agent, with an address . for service in                     its obligations pursuant to the third paragraph of
Luxembourg at the office of Carlos Gomez de la Cruz, of                      Article 189 of the EC Treaty and Article 25 ( 1 ) of
its Legal Service, Wagner Centre C 254 .                                     Directive 86/609/EEC,
The applicant claims that the Court should:                             — declare, in the alternative, that, by failing to inform
                                                                             the Commission forthwith of such measures, the
                                                                             Portuguese Republic failed to fulfil its obligations
— declare that, by failing to draw up or communicate to                      under those provisions,
     the Commission, within the period prescribed therefor,
     the programmes provided for ip Article 6 of Council                — order the Portuguese Republic to pay the costs .
     Directive 91 / 157/EEC of 18 March 1991 on batteries
     and accumulators containing certain dangerous
     substances ('), the Kingdom of Spain has failed to                 Pleas in law and main arguments adduced in support:
     fulfil its obligations thereunder,
                                                                        Under the third paragraph of Article 189 of the EC Treaty,
                                                                        a Directive is to be binding, as to the result to be
— order the Kingdom of Spain to pay the costs .                         achieved, upon each Member State to which it is
                                                                        addressed. The Commission finds that, despite the expiry
                                                                        of the time limits laid down in Article 25 of Directive 86/
Pleas in law and main arguments adduced in support:                     609/EEC on 24 November 1989, the Portuguese Republic
                                                                        has still not adopted all the implementing provisions into
                                                                        its legal system .
The mandatory nature of the provisions of the third
paragraph of Article 189 and the first paragraph of Article
5 of the EC Treaty requires Member States to adopt the                  H OJ L 358 , 18 . 12 . 1986 , p. 1 .
measures necessary to transpose Directives addressed to
them into their domestic law before the expiry of the
period prescribed for doing so . That period expired on
17 September 1992 without Spain having communicated
the programmes which should have been drawn up for an
initial period of four years as from March 1993 .                       Appeal brought on 20 August 1997 by Tierce Ladbroke
                                                                        SA against the judgment delivered on 12 June 1997 by the
C ) OJ L 78 , 26 . 3 . 1991 , p . 38 .                                  Second Chamber ( extended composition ) of the Court
                                                                        of First Instance of the European Communities in
                                                                        Case T-504/93 between Tierce Ladbroke SA and the
                                                                        Commission of the European Communities, supported
                                                                        by the Societe d'encouragement et des steeple-chases de
                                                                                                France and others
                                                                                               ( Case C-300/97 P)
Action brought on 19 August 1997 by the Commission                                                ( 97/C 318/13 )
of the European Communities against the Portuguese
                                  Republic
                           ( Case C-299/97)                             An appeal against the judgment delivered on 12 June 1997
                                                                        by the Second Chamber ( extended composition ) of the
                             ( 97/C 318/12 )                            Court of First Instance of the European Communities in
                                                                        Case T-504/93 between Tierce Ladbroke SA and the
                                                                        Commission of the European Communities, supported by
An action against the Portuguese Republic was brought                   the Societe d'encouragement et des steeple-chases de
before the Court of Justice of the European Communities                 France and others, was brought before the Court of
on 19 August 1997 by the Commission of the European                     Justice of the European Communities on 20 August 1997
Communities, represented by Lena Strom and Francisco                    by Tierce Ladbroke SA, represented by Christopher Vajda,
de Sousa Fialho, of its Legal Service, acting as Agents,                QC, and Stephen Kon, Solicitor, with an address for
with an address for service in Luxembourg at the office of              service in Luxembourg at the Chambers of Winandy &
Carlos Gomez de la Cruz, Wagner Centre, Kirchberg.                      Err, 60, avenue Gaston Diderich .