CELEX: C1995/054/07
Language: en
Date: 1995-03-04 00:00:00
Title: JUDGMENT OF THE COURT (Sixth Chamber) of 19 January 1995 in Case C-66/94: Commission of the European Communities v. Kingdom of Belgium (Failure by a Member State to fulfil its obligations - Failure to transpose a directive)

4.3.95                [JN                   Official Journal of the European Communities                                   No C 54/5
2. consideration of the question has disclosed no factor of            said directives and Articles 5 and 1 89 of the EC Treaty — the
     such a kind as to affect the validity of Article 2 (3) of         Court ( Sixth Chamber), composed of: F. A. Schockweiler,
     Regulation (EEC) No 2237/85.                                      President of the Chamber, G. F. Mancini, C. N. Kakouris,
                                                                       J. L. Murray ( Rapporteur) and G. Hirsch, Judges; P. Leger,
Case C-353/93                                                          Advocate General; R. Grass, Registrar, has given a judgment
                                                                       on 19 January 1995, in which it:
1 . Article 3 (3) of Commission Regulation (EEC)
     No 1626/85 of 14 June 1985 on protective measures                 1 . declares that by failing to adopt within the prescribed
     applicable to imports of certain Morello cherries is to be              period the laws, regulations and administrative
     interpreted as meaning that if the competent authorities                provisions necessary to comply with Council Directive
     have doubts as to whether the import price declared is                   91 /687/EEC of 11 December 1991 amending Directives
     the true one, they make take all necessary measures to                   64/432/EEC, 72/461 /EEC and 80/215/EEC as regards
     estasblish that price;                                                   certain measures relating to swine-fever and with
                                                                              Council Directive 91 /688/EEC of 11 December 1991
2. consideration of the question has disclosed no factor of                   amending Directive 72/462/EEC on health and­
     such a kind as to affect the validity of Article 3 (3) of                veterinary inspection problems upon importation of
     Regulation (EEC) No 1626/85;                                             bovine, ovine and caprine animals and swine, fresh meat
3 . Article 3 (3) of Regulation (EEC) No 1626/85 is to be                     or meat products from third countries the Kingdom of
     interpreted as meaning that the phrase 'the exporter in                  Belgium has failed to fulfil the obligations regarding
     the country in which the products originated' refers                     their transposition imposed on it by Article 4 of
     exclusively to an exporter whose undertaking is                          Directive 91 /687/EEC and Article 2 of Directive
     established in the country of origin of the goods.                       91 /688/EEC;
(!) OJ No C 232, 28 . 8 . 1993 .                                       2 . order the Kingdom of Belgium to pay the costs.
(2 ) OJ No L 209, 6 . 8 . 1985 , p. 24 .
(3 ) OJ No L 49, 27. 2 . 1986, p. 1 .                                  (M OJ No C 103 , 11 . 4 . 1994 .
(4 ) OJ No  L  99, 16 . 4 . 1988, p . 12 .                             (2 ) OJ No L 377, 31 . 12 . 1991 , p. 16 .
(5)  OJ No  L  290, 19 . 10 . 1982, p . 28                              (3 ) OJ No L 377, 31 . 12 . 1991 , p . 18 .
(6 ) OJ No  L  73 , 21 . 3 . 1977, p. 1 .
( 7) OJ No  L  156, 15 . 6 . 1985 , p. 13 .
                JUDGMENT OF THE COURT                                                   JUDGMENT OF THE COURT
                            (Sixth Chamber)                                                   of 24 January 1995
                         of 19 January 1995                            in Case C-359/93: Commission of the                   European
in    Case     C-66/94: Commission of the              European                Communities v. Kingdom of the Netherlands ( ! )
           Communities v. Kingdom of Belgium ( x )                      (Tender notices for public supply contracts — Review
(Failure by a Member State to fulfilits obligations — Failure               procedure — Notification — Technical specifications)
                      to transpose a directive)                                                    ( 95/C 54/08 )
                              ( 95/C 54/07)
                                                                                         (Language of the case: Dutch)
                 (Language of the case: French)
(Provisional translation; the definitive translation will be            (Provisional translation; the definitive translation will be
         published in the European Court Reports)                                  published in the European Court Reports)
In Case C-66/94: Commission of the European                             In Case C-359/93 : Commission of the European
Communities (Agent: Gerard Rozet) v. Kingdom of Belgium                 Communities (Agent: H. van Lier) v. Kingdom of the
(Agent: Jan Devadder) — application for a declaration that              Netherlands (Agents: J. W. de Zwaan and T. Heukels ) —
by failing to bring into force the laws, regulations and                application for a declaration that the Kingdom of the
administrative provisions necessary to comply with Council              Netherlands has failed to fulfil its obligations under Council
Directive 91/687/EEC of 11 December 1991 amending                       Directive 77/62/EEC of 21 December 1976 coordinating
Directives 64/432/EEC, 72/461/EEC and 80/215/EEC as                     procedures for the award of public supply contracts (2 ), as
regards certain measures relating to swine-fever (2) and with           amended by Council Directives 80/767/EEC ( 3 ) and
Council Directive 91 /688/EEC of 11 December 1991                       88/295/EEC (4), and also under Article 30 of the EEC
amending Directive 72/462/EEC on health and veterinary                  Treaty, — the Court, composed of: G. C. Rodriguez Iglesias,
inspection problems upon importation of bovine, ovine and               President, P. J. G. Kapteyn (President of Chamber), G. F.
caprine animals and swine, fresh meat or meat products                  Mancini, C. N. Kakouris, J. L. Murray, D. A. O. Edward
from third countries (3 ) and/or by failing to communicate              (Rapporteur) and G. Hirsch, Judges; G. Tesauro: Advocate
them to the Commission, the Kingdom of Belgium has failed               General; R. Grass, Registrar, has given a judgment on
to fulfil its obligations under the penultimate articles of the         24 January 1995 , in which it: