CELEX: C2001/289/35
Language: en
Date: 2001-10-13 00:00:00
Title: Case C-324/01: Action brought on 28 August 2001 by the Commission of the European Communities against the Kingdom of Belgium

C 289/18               EN                   Official Journal of the European Communities                                      13.10.2001
Action brought on 14 August 2001 by the Commission                     wright and Joëlle Adda, acting as Agents, with an address for
of the European Communities against the Kingdom of                     service in Luxembourg.
                            Belgium
                        (Case C-319/01)                                The applicant claims that the Court should:
                        (2001/C 289/34)                                —     declare that, by omitting to take all the measures necess-
                                                                             ary in order to ensure the full and proper transposition
                                                                             of Articles 1, 4(5), 5(4), 6, 7, 12, 13, 14, 15, 16(1), 22(b)
An action against the Kingdom of Belgium was brought                         and (c) and 23(2), in conjunction with Annexes II, IV, V
before the Court of Justice of the European Communities                      and VI, of Council Directive 92/43/EEC of 21 May 1992
on 14 August 2001 by the Commission of the European                          on the conservation of natural habitats and of wild fauna
Communities, represented by Götz zur Hausen and Joelle                       and flora (1), the Kingdom of Belgium has failed to comply
Adda, acting as Agents.                                                      with its obligations under that directive and under the
                                                                             third paragraph of Article 249 of the Treaty establishing
                                                                             the European Community;
The applicant claims that the Court should:
—     Declare that, by failing to adopt and bring into force           —     order the Kingdom of Belgium to pay the costs.
      within the prescribed period the laws, regulations and
      administrative provisions necessary to comply with
      Council Directive 97/11/EC of 3 March 1997 amending
      Directive 85/337/EEC on the assessment of the effects of         Pleas in law and main arguments
      certain public and private projects on the environment (1),
      the Kingdom of Belgium has failed to fulfil its obligations
      under that directive;                                            The Commission observes that the time-limit for transposition
                                                                       of the directive expired on 5 June 1994 without Belgium
—     Order the Kingdom of Belgium to pay the costs.                   having transposed, by means of provisions establishing a
                                                                       precise legal framework, the provisions listed above, save as
                                                                       regards the ‘Bruxelles-Capitale’ region, which on 26 October
                                                                       2000 adopted a decree with regard to the conservation of
Pleas in law and main arguments                                        natural habitats and wild fauna and flora. As regards the
                                                                       concepts defined in Article 1 of the directive, these need to be
The mandatory nature of the provisions of the third paragraph          transposed on account of their importance for the purposes of
of Article 249 and the first paragraph of Article 10 of the EC         interpreting the other provisions of the directive. Lastly, as
Treaty requires Member States to adopt the measures necessary          regards Articles 15 and 16(1) of the directive, the Commission
to transpose directives addressed to them into their domestic          considers that a Member State may not decline to transpose
law in such a way that, before the expiry of the period                those provisions unless it has waived in advance its right to
prescribed for doing so, they are fully effective. That period,        avail itself of the derogation possibilities afforded therein.
which is laid down in Article 3(1) of Directive 97/11/EC,
expired on 14 March 1999 without Belgium having
implemented all its provisions throughout the national terri-          (1) OJ L 206 of 22.7.1992, p. 7.
tory.
(1) OJ 1997 L 73, p. 5.
                                                                              Removal from the register of Case C-224/99 (1)
Action brought on 28 August 2001 by the Commission                                               (2001/C 289/36)
of the European Communities against the Kingdom of
                            Belgium
                                                                       By order of 19 July 2001 the President of the Court of Justice
                                                                       of the European Communities has ordered the removal from
                        (Case C-324/01)                                the register of Case C-224/99: Commission of the European
                                                                       Communities v French Republic.
                        (2001/C 289/35)
                                                                       (1) OJ C 226 of 7.8.1999.
An action against the Kingdom of Belgium was brought before
the Court of Justice on 28 August 2001 by the Commission
of the European Communities, represented by Richard Wain-