CELEX: C1997/009/18
Language: en
Date: 1997-01-11 00:00:00
Title: Reference for a preliminary ruling by the Pretura Circondariale di Pavia by order of that court of 17 October 1996 in the criminal proceedings pending before that court against Luigi Bazzan, Adriano Filippo Calvini and Agostino Traverso (Case C-359/96)

No C 9/ 10             1 EN                  Official Journal of the European Communities                                    11 . 1 . 97
Ragnemalm, Judges; D. Ruiz-Jarabo Colomer, Advocate-                    Bravo-Ferrer Delgado, Abodago del Estado ), the
General; R. Grass, Registrar, has given a judgment on                   Commission of the European Communities (Agent:
7 November 1996, in which it:                                           Nicholas Khan ), and the Kingdom of Belgium (Agent: Jan
                                                                        Devadder) — application for the annulment of Council
1 . Declares that, by not adopting and bringing into force              Directive 93/ 104/EC of 23 November 1993 concerning
      within the prescribed periods the laws, regulations and           certain aspects of the organization of working time (2 )
      administrative provisions necessary to comply with:               and, in the alternative, of Article 4, the first and second
      — Commission Directive 93/48/EEC of 23 June 1993                  sentences of Article 5 , Article 6 (2 ) and Article 7 of that
          setting out the schedule indicating the conditions            Directive — the Court, composed of: G. C. Rodriguez
          to be met by fruit plant propagating material and             Iglesias, President, G. F. Mancini , J. C. Moitinho de
          fruit plants intended for fruit production, pursuant          Almeida ( Rapporteur), J. L. Murray and L. Sevón
          to Council Directive 92/34/EEC,                               ( Presidents of Chambers ), C. N. Kakouris, P. J. G.
                                                                        Kapteyn, C. Gulmann, D. A. O. Edward, J. -P. Puissochet,
      — Commission Directive 93/49/EEC of 23 June 1993                  G. Hirsch, P. Jann and H. Ragnemalm, Judges; P. Leger,
          setting out the schedule indicating the conditions            Advocate-General ; L. Hewlett, Administrator, for the
          to be met by ornamental plant propagating                     Registrar, has given a judgment on 12 November 1996 , in
          material and ornamental plants pursuant to                    which it:
          Council Directive 91 /682/EEC,
      — Council Directive 93/52/EEC of 24 June 1993                     1 . Annuls the second sentence of Article 5 of Council
          amending Directive 89/556/EEC on animal health                      Directive 93/104/EC of 23 November 1993
          conditions governing intra- Community trade in                      concerning certain aspects of the organization of
          and importation from third countries of embryos                     working time.
          of domestic animals of the bovine species,
                                                                        2 . Dismisses the remainder of the application.
      — Commission Directive 93/61 /EEC of 2 July 1993
          setting out the schedules indicating the conditions
                                                                        3 . Orders the United Kingdom of Great Britain and
          to be met by vegetable propagating and planting
                                                                              Northern Ireland to pay the costs.
          material, other than seed pursuant to Council
          Directive 92/33/EEC,
                                                                        4 . Orders the Kingdom of Belgium, the Kingdom of
      the Italian Republic has failed to fulfil its obligations               Spain and the Commission of the European
      pursuant to Article 10 of Directive 93/48/EEC,                          Communities to bear their own costs.
      Article 8 of Directive 93/49/EEC, Article 2 of
      Directive 93/52/EEC and Article 7 of Directive 93/61 /            0 ) OJ No C 120 , 30 . 4 . 1994 , p. 13 .
      EEC.                                                              ( 2 ) OJ No L 307, 13 . 12 . 1993 , p . 18 .
2 . Orders the Italian Republic to pay the costs.
0)    OJ No  C 315 , 25 . 11 . 1995 , p . 11
(2 )  OJ No L 250, 7. 10. 1993 , p . 1 .
(3 )  OJ No L 250, 7. 10 . 1993 , p. 9.
(4 )  OJ No L 175, 19 . 7. 1993 , p. 21 .                               Reference for a preliminary ruling by the Pretura
(5 )  OJ No L 250, 7. 10 . 1993 , p. 19 .                               Circondariale di Pavia by order of that court of
(6 )  OJ No L 259, 18 . 10 . 1993 , p . 1 .                             17 October 1996 in the criminal proceedings pending
                                                                        before that court against Luigi Bazzan, Adriano Filippo
                                                                                        Calvini and Agostino Traverso
                                                                                                 ( Case C-359/96 )
                                                                                                     ( 97/C 9/18 )
                JUDGMENT OF THE COURT
                        of 12 November 1996
                                                                        Reference has been made to the Court of Justice of
in Case C-84/94: United Kingdom of Great Britain and                    the European Communities by order of the Pretura
     Northern Ireland v. Council of the European Union ( ' )            Circondariale di Pavia ( Pavia District Court) of 17 October
(Council Directive 93/104/EC concerning certain aspects                 1996, which was received at the Court Registry on
of the organization of working time — Action for                        4 November 1996 , for a preliminary ruling in the criminal
                               annulment)                               proceedings pending before that court against Luigi
                                                                        Bazzan, Adriano Filippo Calvini and Agostino Traverso on
                               ( 97/C 9/17)                             the questions whether Article 1 ( 1 ) of Law No 1369 of
                 (Language of the case: English)                        23 October 1960, in conjunction with Article 11 ( 1 ) of
                                                                        Law No 264 of 29 April 1949, is compatible with the
In Case C-84/94 : United Kingdom of Great Britain and                   Community principles enshrined in Articles 48 , 49, 54 and
Northern Ireland (Agent: John E. Collins, assisted by                   90 of the EC Treaty and whether those principles are
Michael J. Beloff and Eleanor Sharpston) v. Council of the              directly applicable, with the result that the Italian
European Union (Agents: Antonio Sacchettini, Jill Aussant               legislation must be disapplied.
and Sophia Kyriakopoulou), supported by the Kingdom of
Spain (Agents : Alberto Navarro Gonzalez and Miguel