CELEX: C1995/087/14
Language: en
Date: 1995-04-08 00:00:00
Title: Action brought on 28 February 1995 by the Commission of the European Communities against the French Republic (Case C-52/95)

8 . 4 . 95            I EN |                 Official Journal of the European Communities                                       No C 87/7
     down a procedure to be applied in the future for the               with the Directive referred to in the form of order sought by
     classification of new items, without departing from the            the Commission.
     method applicable pursuant to Article 203 (4 ) and ( 6 ),
     the three institutions concerned established a framework
                                                                        (!) OJ No L 357, 7. 12 . 1989, p. 31 .
     with which they are not entitled unilaterally to interfere.
     Although the Council agreed in 1993 , at the request of
     the other arm of the budgetary authority, thereafter to
     consider headings 2 and 3 of the agricultural
     expenditure items as non-compulsory expenditure, the
     expenditure linked to the Agricultural Guarantee Fund
     (that is to say, that set out in subsection B1 — EAGGF of          Action brought on 28 February 1995 by the Commission of
     the budget) remains compulsory expenditure in                        the European Communities against the French Republic
     accordance with the 1982 classification.
                                                                                                    (Case C-52/95 )
                                                                                                       ( 95/C 87/14
(!) OJ No L 369, 31 . 12 . 1994 .
(2 ) OJ No C 194, 28 . 7. 1982, p . 1 .
(3 ) OJ No C 331 , 7. 12 . 1993 , p . 1 .                               An action against the French Republic was brought before
                                                                        the Court of Justice of the European Communities on
                                                                        28 February 1995 by the Commission of the European
                                                                        Communities, represented by Gerard Rozet, Legal Adviser,
                                                                        acting as Agent, with an address for service in Luxembourg
                                                                        at the office of Georgios Kremlis, of the Legal Service,
                                                                        Wagner Centre, Kirchberg.
Action brought on 24 February 1995 by the Commission of
the European Communities against the Grand Duchy of
                            Luxembourg                                  The applicant claims that the Court should:
                          (Case C-46/95 )
                                                                         1 . declare that,
                            ( 95/C 87/13
                                                                              — by not provisionally prohibiting the fishing by its
An action against the Grand Duchy of Luxembourg was                               vessels of anchovy stocks in ICES zone VIII so as to
brought before the Court of Justice of the European                               ensure compliance with the fishing quotas allocated
Communities on 24 February 1995 by the Commission of                              to it in 1991 and 1992, and
the European Communities, represented by Thomas F.                            — by not taking action against the persons responsible
Cusack, acting as Agent, and Jean-Francis Pasquier, with an                       for fishing and fishing-related activities carried out
address for service in Luxembourg at the office of Georgios                       in respect of such stocks following the imposition of
Kremlis, Wagner Centre, Kirchberg.                                                the fishing prohibition enacted by the Commission
                                                                                  in 1991 and 1992,
The applicant claims that the Court should:
                                                                              the French Republic has failed to fulfil its obligations
— declare that, by failing to adopt all the laws, regulations                 under Article 11 (2 ) and Article 1 of Regulation ( EEC )
     and administrative provisions necessary in order to                      No 2241/87 establishing certain control measures for
     implement Council Directive 8 9/6 18/Euratom f 1 ) of                    fishing activities ( a ) in conjunction with Article 3 of, and
     27 November 1989 on informing the general public                         the Annexes to, Regulations (EEC) No 3926/90 (2) and
     about health protection measures to be applied and steps                 (EEC ) No 3882/91 (3 ).
     to be taken in the event of a radiological emergency, or
     by failing to inform the Commission of the measures                 2. order the French Republic to pay the costs.
     taken by it to comply with the said directive, the Grand
     Duchy of Luxembourg has failed to fulfil its obligations            Pleas in law and main arguments adduced in support:
     under the Treaty establishing the European Atomic
     Energy Community,
                                                                         It is clear from the wording of Article 11 ( 2 ) of Regulation
                                                                         ( EEC ) No 2241/87 that the Member States are required to
— order the Grand Duchy of Luxembourg to pay the                         take the necessary measures in order provisionally to
     costs .
                                                                         prohibit all fishing activities before the quota is exhausted.
                                                                        The French authorities have at no time taken any measures
Pleas in law and main arguments adduced in support:                      provisionally to halt the fishing in question.
Article 1 89 of the EC Treaty, which provides that a Directive          The Commission further considers that the continuation by
is to be binding, as to the result to be achieved, upon each             French vessels of fishing and fishing-related activities in
Member State, requires the Member States to observe the                  relation to the fish stocks at issue following the imposition
time limits for transposition laid down in Directives.                   of the fishing prohibitions enacted by the Commission in
Although the time limit in the present case expired on                   1991 and 1992 constitutes an infringement by the persons
27 November 1991 , the Grand Duchy of Luxembourg has                     responsible for those vessels. Having established such
not adopted the provisions necessary in order to comply                  infringements, the French authorities were required, under
 ---pagebreak--- No C 87/8            ΓΕΝ                    Official Journal of the European Communities                                       8 . 4 . 95
 Article 1 of Regulation (EEC ) No 2241/87, not only to                     Removal from the register of Case C-146/94 ( )
 diligently to take all control measures necessary in order to                                    ( 95/C 87/16 )
ensure compliance with the rules in force but also to take
penal or administrative action against those responsible for
infringement of those rules. At no time have the French                By order of 8 February 1995 the President of the Fifth
authorities claimed that France has discharged its                     Chamber of the Court of Justice of the European
obligations in the matter.                                             Communities ordered the removal from the register of Case
                                                                       C-146/94: Commission of the European Communities v.
 (!) OJ No L 207, 29 . 7. 1987, p. 1 .                                 Hellenic Republic.
 (2 ) OJ No L 378 , 31 . 12 . 1990, p. 1 .
 (3 ) OJ No L 367, 31 . 12 . 1991 , p. 1 .                             (!) OJ No C 202 , 23 . 7. 1994 .
       Removal from the register of Case C-115/94 ( )
                             ( 95/C 87/15 )
                                                                            Removal from the register of Case C-203/94 ( )
By order of 1 February 1995 the President of the Court of                                         ( 95/C 87/17)
Justice of the European Communities ordered the removal
from the register of Case C-115/94: Commission of the                  By order of 3 February 1995 the President of the Court of
European Communities v. Hellenic Republic.                            Justice of the European Communities ordered the removal
                                                                       from the register of Case C-203/94: French Republic v.
(M OJ No C 161 , 11 . 6. 1994 .                                        Commission of the European Communities.
                                                                       (!) OJ No C 254 , 10 . 9 . 1994 .
                                                     COURT OF FIRST INSTANCE
 JUDGMENT OF THE COURT OF FIRST INSTANCE                              Haarlem-Bollenstreek,           established    in    Heemstede,
                          (First Chamber)                             Netherlands, Aannemersvereniging Veluwe en Zuidelijke
                                                                      Ijsselmeerpolders, established in Apeldoorn, Netherlands,
                      of 21 February 1995                             Combinatie van Aannemers in het Noorden, established in
in Case T-29/92: Vereniging van Samenwerkende                         Leeuwarden,        Netherlands,          Vereniging     Centrale
Prijsregelende Organisaties in de Bouwnijverheid and                  Prijsregeling Kabelwerken, established in Leeuwarden,
  Others v. Commission of the European Communities (*)                Netherlands, Delftse Aannemers Vereniging, established in
(Competition — Non-existent measure — Decisions of                    Rotterdam, Netherlands, Economisch Nationaal Verbond
associations of undertakings — Complex rules and                      van Aannemers van Sloopwerken, established in Utrecht,
regulations — Infringement — Effect on trade between                  Netherlands, Aannemersvereniging 'Gouda en Omstreken',
           Member States — Exemption — Fines)                         established in Rotterdam, Netherlands, Gelderse
                                                                      Aannemers Vereniging inzake Aanbestedingen, established
                            ( 95/C 87/18 )                            in Arnhem, Netherlands, Gooise Aannemers Vereniging,
                (Language of the case: Dutch)                         established in Huizen, Netherlands, 's-Gravenhaagse
                                                                      Aannemers Vereniging, established in The Hague,
In Case T-29/92 : Vereniging van Samenwerkende                        Netherlands, Leidse Aannemersvereniging, established in
Prijsregelende Organisaties in de Bouwnijverheid,                     Leiden, Netherlands, Vereniging Markeer Aannemers
established in Amersfoort, Netherlands, Amsterdamse                   Combinatie, established in Tilburg, Netherlands,
Aannemers Vereniging, established in Amsterdam,                       Nederlandse    Aannemers-          en  Patroonsbond    voor      de
Netherlands, Algemene Aannemersvereniging voor                        Bouwbedrijven, established in Dordrecht, Netherlands,
Waterbouwkundige Werken, established in Utrecht,                      Noordhollandse           Aannemers          Vereniging       voor
Netherlands, Aannemersvereniging van Boorondernemers                  Waterbouwkundige Werken, established in Amsterdam,
en Buizenleggers, established in Soest, Netherlands,                  Netherlands, Oostnederlandse-Vereniging-Aanbestedings­
Aannemersvereniging Velsen, Beverwijk en Omstreken,                   Regeling, established in Delden, Netherlands, Provinciale
established in Velsen, Netherlands, Aannemers Vereniging              Vereniging van Bouwbedrijven in Groningen en Drenthe,