CELEX: C1998/312/03
Language: en
Date: 1998-10-10 00:00:00
Title: ORDER OF THE COURT (Fourth Chamber) of 9 July 1998 in Case C-317/97 P: Smanor SA and Hubert Ségaud and Monique Ségaud v. Commission of the European Communities (Order of the Court of First Instance - Failure to initiate infringement proceedings - Action for a declaration of failure to act and for damages - Appeal - Manifest inadmissibility)

C 312/2                EN                 Official Journal of the European Communities                                     10.10.98
a declaration that, by failing to adopt, within the                  Smanor and Others v. Commission [1997] ECR II-1081,
prescribed      periods,     the    laws,   regulations     and      seeking to have that order set aside, the other party to the
administrative provisions necessary to comply with Ð                 proceedings being Commission of the European
Commission Directive 94/15/EC of 15 April 1994                       Communities (Agents: Richard B. Wainwright and Olivier
adapting to technical progress for the first time Council            Couvert-CasteÂra) Ð the Court (Fourth Chamber),
Directive 90/220/EEC on the deliberate release into the              composed of: H. Ragnemalm, President of the Chamber,
environment of genetically modified organisms (OJ L 103,             P. J. G. Kapteyn and K. M. Ioannou (Rapporteur), Judges;
22.4.1994, p. 20) and Ð Commission Directive 94/51/EC                A. Saggio, Advocate-General; R. Grass, Registrar, made an
of 7 November 1994 adapting to technical progress                    order on 9 July 1998, the operative part of which is as
Council Directive 90/219/EEC on the contained use of                 follows:
genetically modified micro-organisms (OJ L 297,
18.11.1994, p. 29), the Grand Duchy of Luxembourg has                1. The appeal is dismissed.
failed to fulfil its obligations under those Directives Ð the
Court (Sixth Chamber), composed of: H. Ragnemalm
(Rapporteur), President of the Chamber, R. Schintgen,                2. The appellants shall pay the costs.
P. J. G. Kapteyn, J. L. Murray and K. M. Ioannou, Judges;
A. La Pergola, Advocate-General; R. Grass, Registrar, has            (1) OJ C 357, 22.11.1997.
given a judgment on 16 July 1998, in which it:
1. declares that, by failing to adopt, within the prescribed
     period, the laws, regulations and administrative
     provisions necessary to comply with Commission
     Directive 94/51/EC of 7 November 1994 adapting to                                 ORDER OF THE COURT
     technical progress Council Directive 90/219/EEC on
     the contained use of genetically modified micro-                                       (Third Chamber)
     organisms, the Grand Duchy of Luxembourg has                                            of 14 July 1998
     failed to fulfil its obligations under Article 2 of that
     Directive;                                                      in Case C-399/97: Glasoltherm SARL v. Commission of
                                                                     the European Communities, EÂlectriciteÂ de France and
2. orders the Grand Duchy of Luxembourg to pay the                                  HLM Colomiers Habitat SA' (1)
     costs.                                                                        (Inadmissibility of the application)
                                                                                              (98/C 312/04)
(1) OJ C 331, 1.11.1997.
                                                                                     (Language of the case: French)
                                                                       (Provisional translation; the definitive translation will be
                                                                              published in the European Court Reports)
                   ORDER OF THE COURT
                       (Fourth Chamber)
                                                                     In Case C-399/97: Glasoltherm SARL, in liquidation,
                          of 9 July 1998                             established at Orsay (France), represented by Pascal
in Case C-317/97 P: Smanor SA and Hubert SeÂgaud                     Penciolelli, of the EÂvry Bar, whose address is at 18 Avenue
and Monique SeÂgaud v. Commission of the European                    de la LibeÂration, 91130 Ris-Orangis (France), v.
                         Communities (1)                             Commission of the European Communities (Agents:
                                                                     Richard B. Wainwright and Olivier Couvert-Castera,
(Order of the Court of First Instance Ð Failure to initiate          assisted by Nicole Coutrelis), EÂlectriciteÂ de France,
infringement proceedings Ð Action for a declaration of               established in Paris, and HLM Colomiers Habitat SA',
failure to act and for damages Ð Appeal Ð Manifest                   established at Colomiers (France) Ð the Court (Third
                         inadmissibility)                            Chamber), composed of: C. Gulmann (Rapporteur),
                          (98/C 312/03)                              President of Chamber, J. C. Moitinho de Almeida and J.-P.
                                                                     Puissochet, Judges; J. Mischo, Advocate-General; R.
                (Language of the case: French)                       Grass, Registrar, has made an order on 14 July 1998, the
                                                                     operative part of which is as follows:
  (Provisional translation; the definitive translation will be
          published in the European Court Reports)                   1. The action is inadmissible.
In Case C-317/97 P: Smanor SA, a company incorporated                2. The application for legal aid is dismissed.
under French law, established at Saint-Martin-d'EÂcublei,
France, and Hubert SeÂgaud and Monique SeÂgaud, residing
at Saint-Martin-d'EÂcublei, represented by Laurence                  3. Glasoltherm SARL in liquidation shall pay the costs.
Roques, of the Val-de-Marne Bar, 7-9 Rue du GeÂneÂral de
Larminat, CreÂteil, France Ð appeal against the order of             (1) OJ C 55, 20.2.1998.
the Court of First Instance of the European Communities
(Second Chamber) of 3 July 1997 in Case T-201/96