CELEX: C1995/159/11
Language: en
Date: 1995-06-24 00:00:00
Title: Action brought on 17 March 1995 by the Commission of the European Communities against the Federal Republic of Germany (Case C-86/95)

No C 159/6                EN                      Official Journal of the European Communities                                 24 . 6 . 95
2 , order the Kingdom of Spain to pay the costs .                                    health problems affecting intra-Community trade
                                                                                     in meat products and amending Directive
                                                                                     64/43 3/EEC (4), and
Pleas in law and main arguments adduced in support:
                                                                                 — Council Directive 92/40/EEC of 19 May 1992
In view of the binding nature of the third paragraph of                              introducing Community measures for the control of
Article 189 and the first paragraph of Article 5 of the EC                           avian influenza ( 5 ),
Treaty, the Member States are required to adopt the
measures necessary to give effect to the Directives addressed
to them before the end of the period appointed for that                          the Federal Republic of Germany has failed to fulfil its
purpose. That period ended on 31 December 1992 without                           obligations under the EC Treaty and under the above
the requisite provisions having been adopted by Spain.                           Directives ;
(0    OJ No  L 183 , 29 . 6 . 1989 , p . 1 .                                 2 , order the Federal Republic of Germany to pay the
                                                                                 costs .
(2 )  OJ No  L 393 , 30.   11 . 1989, pp . 1 , 13 , and 18 .
(-5 ) OJ No  L 156 , 21 . 6 . 1990 , pp . 9 and 14 .
(4 )  OJ No  L 196 , 26 . 7 . 1990 , p . 1 .
                                                                             Pleas in law and main arguments adduced in support:
                                                                             The pleas in law and main arguments are the same as in Case
                                                                             C-79/95 ; the time limit for implementation expired on
                                                                             1 January 1993 .
Action brought on 17 March 1995 by the Commission of                         f1) OJ No   L 46 , 19 . 2 . 1991 , p . 1 .
the European Communities against the Federal Republic of                     (2) OJ No   L 268 , 24 . 9 . 1991 , p . 41
                                 Germany                                     (3) OJ No   L 268 , 24 . 9 . 1991 , p . 69
                                                                             (4) OJ No   L 57, 2 . 3 . 1992 , p . 1 .
                            ( Case C-86/95 )
                                                                             (5) OJ No   L 167, 22 . 6 . 1992, p . 1 .
                              ( 95/C 159/11 )
An action against the Federal Republic of Germany was
brought before the Court of Justice of the European
Communities on 17 March 1995 by the Commission of the
European Communities, represented by Klaus-Dieter
Borchardt, a member of the Commission's Legal Service,
with an address for service in Luxembourg at the office of                   Action brought on 27 March 1995 by the Commission of
Georgios Kremlis, Wagner Centre, Kirchberg.                                  the European Communities against the Portuguese
                                                                                                              Republic
                                                                                                         ( Case C-93/95 )
The applicant claims that the Court should :
                                                                                                           ( 95/C 159/12 )
1 , declare that, by failing to adopt within the prescribed
      time limits the measures necessary to comply with:                     An action against the Portuguese Republic was brought
                                                                             before the Court of Justice on 27 March 1995 by the
      — Council Directive 91 /67/EEC of 28 January 1991                      Commission of the European Communities, represented by
         concerning the animal health conditions governing                   Antonio Caeiro, Legal Advisor, acting as Agent, with an
          the placing on the market of aquaculture animals                   address for service in Luxembourg at the office of Georgios
          and products ( ! ),                                                Kremlis , of its Legal Service, Wagner Centre, Kirchberg.
      — Council Directive 91 /495/EEC of 27 November
          1990 concerning public health and animal problems                  The applicant claims that the Court should :
          affecting the production and placing on the market
          of rabbit meat and farmed game meat (2 ),                          — declare that, by failing to adopt within the prescribed
                                                                                 period the measures necessary to implement in full
      — Council Directive 91 /497/EEC of 29 July 1991                            Council Directive 90/605/EEC of 8 November 1990
          amending and consolidating Directive 64/433/EEC                        amending Directive 78/660/EEC on annual accounts
          on health problems affecting intra-Community trade                     and Directive 83/349/EEC on consolidated accounts as
          in fresh meat to extend it to the production and                       regards the scope of those Directives, the Portuguese
          marketing of fresh meat ( 3 ),                                         Republic has failed to fulfil its obligations under the
                                                                                 Treaty,
      — Council Directive 92/5/EEC of 10 February 1992
          amending and updating Directive 77/99/EEC on                       — order the Portuguese Republic to pay the costs .