CELEX: C1995/159/12
Language: en
Date: 1995-06-24 00:00:00
Title: Action brought on 27 March 1995 by the Commission of the European Communities against the Portuguese Republic (Case C-93/95)

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 .
 ---pagebreak--- 24 . 6 . 95         |_EN                   Official Journal of the European Communities                                  No C 159/7
Pleas in law and main arguments adduced in support:                   Communities, represented by Antonio Caeiro, acting as
                                                                      Agent, with an address for service in Luxembourg at the
The pleas in law and main arguments are similar to those in           office of Georgios Kremlis, Wagner Centre, Kirchberg .
Case C-79/95 ; the period prescribed for the transposition of
the Directive expired on 1 January 1993 .                             The applicant claims that the Court should :
                                                                      — declare that, by failing to adopt within the prescribed
                                                                            time limit all the measures necessary in order to comply
                                                                            with Council Directive 89/666/EEC ( l ) of 21 December
                                                                            1989 concerning disclosure requirements in respect of
Action brought on 24 March 1995 by the Commission of
                                                                            branches opened in a Member State by certain types of
the European Communities against the Federal Republic of
                                                                            company governed by the law of another State and
                              Germany                                       Council Directive 89/667/EEC ( 2 ) of the same date on
                        ( Case C-96/95 )                                    single-member private limited-liability companies, the
                          ( 95/C 159/ 13 )                                  Kingdom of Belgium has failed to fulfil its obligations
                                                                            under the EC Treaty,
An action against the Federal Republic of Germany was
                                                                      — declare, in the            alternative , that by failing to
brought before the Court of Justice of the European                         communicate to the Commission the texts of the
Communities on 24 March 1 995 by the Commission of the
                                                                            provisions of national law transposing Directives
European Communities, represented by Pieter van Nuffel, a
                                                                            89/666/EEC and 89/667/EEC, pursuant to Article 16 of
member of the Commission's Legal Service, and Horstpeter                    Directive   89/666/EEC and Article        8 of Directive
Kreppel, a judge of the Arbeitsgericht ( Labour Court ) on
                                                                            89/667/EEC, the Kingdom of Belgium has failed to fulfil
secondment to the Commission's Legal Service, with an
                                                                            its obligations under the EC Treaty,
address for service in Luxembourg at the office of Georgios
Kremlis, Wagner Centre, Kirchberg .                                   — order the Kingdom of Belgium to pay the costs .
The applicant claims that the Court should :                          Pleas in law and main arguments adduced in support:
1 , declare that, by failing to adopt within the prescribed           The pleas in law and main arguments are the same as those
     time limit the legal and administrative provisions               in Case C-79/95 ; the time limit prescribed by the two
     necessary to implement Council Directive 90/365/EEC              Directives expired on 1 January 1992 .
     of 28 June 1990 on the right of residence for employees
     and self-employed persons who have ceased their                  f 1 ) OJ No L 395 , 30 . 12 . 1989 , p . 36 .
     occupational activity i 1 ) and Council Directive                ( 2 ) OJ No L 395 , 30 . 12 . 1989 , p . 40 .
     90/364/EEC of 28 June 1 990 on the right of residence ( 2 )
     or, in the alternative, by failing to communicate such
     provisions promptly to the Commission, the Federal
     Republic of Germany has failed to fulfil its obligations
     under the EC Treaty;                                             Action brought on 30 March 1995 by the Commission of
                                                                      the European Communities against the Federal Republic of
2 , order the Federal Republic of Germany to pay the                                                 Germany
     costs .
                                                                                               ( Case C-101/95 )
                                                                                                 ( 95/C 159/ 15
Pleas in law and main arguments adduced in support:
The pleas in law and main arguments are the same as in Case           An action against the Federal Republic of Germany was
C-79/95 ; the time limit for implementation expired on                brought before the Court of Justice of the European
30 June 1992 .                                                        Communities on 30 March 1995 by the Commission of the
                                                                      European Communities, represented by Klaus-Dieter
(M OJ No L 180 , 13 . 7. 1990 , p . 28 .
                                                                      Borchardt, a member of the Commission's Legal Service,
(2 ) OJ No L 180, 13 . 7. 1990, p . 26 .                              with an address for service in Luxembourg at the office of
                                                                      Georgios Kremlis, Wagner Centre, Kirchberg.
                                                                      The applicant claims that the Court should :
                                                                      1 , declare that, by failing to adopt within the prescribed
Action brought on 27 March 1995 by the Commission of                        time limit the measures necessary to comply with
the European Communities against the Kingdom of                             Council Directive 91 /628/EEC of 19 November 1991 on
                              Belgium                                       the protection of animals during transport and
                        ( Case C-98/95 )                                    amending Directives 90/425/EEC and 91 /496/EEC ( J ),
                                                                            the Federal Republic of Germany has failed to fulfil its
                          ( 95/C 159/14 )                                   obligations under the EC Treaty and under that
                                                                            Directive;
An action against the Kingdom of Belgium was brought
before the Court of Justice of the European Communities on            2 , order the Federal Republic of Germany to pay the
27 March 1995 by the Commission of the European                             costs .