CELEX: C1997/108/40
Language: en
Date: 1997-04-05 00:00:00
Title: Action brought on 3 March 1997 by the Commission of the European Communities against the Kingdom of Belgium (Case C-92/97)

No C 108/20          EN                     Official Journal of the European Communities                                     5 . 4 . 97
    under the third paragraph of Article 189 of the EC                 on 3 March 1997 by the Commission of the European
    Treaty and Article 23 ( 1 ) of Directive 92/43/EEC,                Communities, represented by Hendrik van Lier and Laura
                                                                       Pignataro, acting as Agents, with an address for service in
— declare, in the alternative, that, by failing forthwith to           Luxembourg at the office of Carlos Gomez de la Cruz,
    inform    the  Commission         of such    measures,   the       Wagner Centre, Kirchberg.
    Portuguese Republic failed to fulfil its obligations
     under those provisions,
— order the Portuguese Republic to pay the costs .                     The applicant claims that the Court should:
Pleas in law and main arguments adduced in support:
                                                                       — declare that, by failing to adopt and, in any event, by
The mandatory nature of the provisions of the third                           failing to communicate within the prescribed period
paragraph of Article 189 and the first paragraph of                           the laws, regulations or administrative provisions
Article 5 of the EC Treaty requires Member States to                          necessary to comply with Council Directive 92/106/
adopt the measures necessary to transpose directives                          EEC of 7 December 1992 on the establishment of
addressed to them into their domestic law before the
                                                                              common rules for certain types of combined transport
expiry of the period prescribed for doing so . That period                    of goods between Member States ( 1 ), the Kingdom of
expired on 5 June 1994 without Portugal having brought                        Belgium has failed to fulfil its obligations under the
into force the necessary provisions .                                         EC Treaty and that Directive,
O OJ No L 206 , 22 . 7. 1992 , p . 7.
                                                                       — order the Kingdom of Belgium to pay the costs.
                                                                       Pleas in law and main arguments adduced in support:
Action brought on 3 March 1997 by the Commission of
the European Communities against the Kingdom of
                               Belgium                                 The pleas in law and main arguments are analogous with
                        ( Case C-92/97)                                those in Case C-88/97 (2 ); the time-limit for transposition
                          ( 97/C 108/40 )                              expired on 1 July 1993 .
An action against the Kingdom of Belgium was brought                   (') OJ No L 368 , 17. 12 . 1992, p. 38 .
before the Court of Justice of the European Communities                 ( 2 ) See page 19 of this Official Journal .
                                                      COURT OF FIRST INSTANCE
   JUDGMENT OF THE COURT OF FIRST INSTANCE                              fred Ungemach and Helmut Nicolaus, Rechtsanwalte,
                     of 25 February 1997                                Diisseldorf, with an address for service in Luxembourg at
                                                                        the Chambers of Alex Bonn, 62 Avenue Guillaume,
 in Joined Cases T-149/94 and T-181/94: Kernkraftwerke                   against Commission of the European Communities ( Agent:
 Lippe-Ems GmbH v. Commission of the European                           Jiirgen Grunwald ) — application for the annulment of
                        Communities f )                                  Commission Decision 94/95/Euratom of 4 February 1994
                                                                         relating to a procedure in application of the second
  (Euratom Treaty — Action for annulment and action for                  paragraph of Article 53 of the Euratom Treaty ( OJ No
 damages — Conclusion of a contract for the supply of                    L 48 , 19 . 2 . 1994, p. 45 ), and of Commission Decision
  uranium — Simplified procedure — Powers of the Agency                   94/285/Euratom of 21 February 1994 relating to a
 — Time-limit for conclusion of the contract — Legal                     proceeding in application of the second paragraph of
  obstacle to conclusion — Diversification policy — Origin               Article 53 of the Euratom Treaty ( OJ No L 122, 17. 5 .
           of the uranium — Market-related prices)                        1994, p. 30 ), and for damages — the Court of First
                            ( 97/C 108/41 )                               Instance ( First Chamber, Extended Composition),
                                                                          composed of: A. Saggio, President, C. W. Bellamy, A.
                                                                          Kalogeropoulos, V. Tiili and M. R. M. Moura Ramos,
                (Language of the case: German)                            Judges; J. Palacio Gonzalez, Administrator, for the
                                                                          Registrar, has given a judgment on 25 February 1997, in
                                                                          which it:
  In Joined Cases T-149/94 and T-181/94: Kernkraftwerke
  Lippe-Ems GmbH, established in Lingen, Ems ( Germany ),
  represented by Bernd Kunth, Gerhard Wiedemann, Man­                      1 . dismisses the applications;