CELEX: C1997/331/34
Language: en
Date: 1997-11-01 00:00:00
Title: Removal from the register of C-145/95

1 . 11 . 97             1 EN 1               Official Journal of the European Communities                                   C 331 /17
Action brought on 30 September 1997 by the Commission                            Removal from the register of C-145/95 ( J )
of the European Communities against the Grand Duchy of                                              ( 97/C 331/34 )
                              Luxembourg
                             Case C-339/97 )                            By order of 10 July 1997, the President of the Court of
                                                                        Justice of the European Communities ordered the removal
                             ( 97/C 331/33 )
                                                                        from the register of Case C-145/95 ( Reference for a
                                                                        preliminary ruling from the Pretura Circondariale di
An action against the Grand Duchy of Luxembourg was                     Roma, Sezione Distaccata di Castelnuovo di Porto ( Rome
brought before the Court of Justice of the European                     District Magistrates ' Court, Castelnuovo di Porto
Communities on 30 September 1997 by the Commission                      Division)): Città Convenienza Bergamo Sri v. Sindaco del
of the European Communities, represented by Götz zur                    Commune di Naviglio.
Hausen, Legal Adviser, acting as Agent, with an address
for service in Luxembourg at the office of Carlos Gomez                 (>) OJ C 174, 8 . 7. 1995 .
de la Cruz, of the Commission's Legal Service, Wagner
Centre, Kirchberg.
The Commission claims that the Court should :
                                                                                 Removal from the register of C- 146/95 ( 1 )
1 . declare that, by failing to adopt the laws,        regulations                                  ( 97/C 331 /35 )
       and administrative provisions necessary         to comply
       with Commission Directive 94/1 5/EC of 15       April 1994       By order of 10 July 1997, the President of the Court of
       adapting to technical progress for the           first time      Justice of the European Communities ordered the removal
       Council    Directive      90/220/EEC  on   the    deliberate     from the register of Case C-146/95 ( Reference for a
       release into the environment of genetically modified             preliminary ruling from the Pretura Circondariale di
       organisms (*) and Commission Directive 94/5 1/EC of              Roma, Sezione Distaccata di Castelnuovo di Porto (Rome
       7 November 1994 adapting to technical progress                   District Magistrates' Court, Castelnuovo di Porto
       Council Directive 90/219/EEC on the contained use of             Division)): Città Convenienza Bergamo Sri v. Sindaco del
                                                                        Commune di Torino .
       genetically modified micro-organisms (2 ), the Grand
       Duchy of Luxembourg has failed to fulfil its
       obligations under those Directives;                              H OJ C 174 , 8 . 7. 1995 .
2 . order the Grand Duchy of Luxembourg to pay the
       costs .
                                                                                 Removal from the register of C-3 17/95 H
Pleas in law and main arguments adduced in support:
                                                                                                    ( 97/C 331 /36 )
Pleas in law and main arguments correspond to those set                 By order of 8 August 1997, the President of the Court of
out in Case C-320/97 ( 3 ); the period prescribed for                   Justice of the European Communities ordered the removal
transposition expired on 30 June 1994 (Directive 94/15/                 from the register of Case C-3 17/95 ( Reference for a
EC ) and 30 April 1995 ( Directive 94/51 /EC ).                         preliminary ruling from the Simvoulio tis Epikratias
                                                                        ( Council of State, Greece )): Canadane Cheese Trading
(') OJ L 103 , 22 . 4 . 1994, p . 20 .                                  AMBA, Adelfi G. Kouri AEVE v. Ministers of ( 1 )
( 2 ) OJ L297, 18 . 11 . 1994 , p. 29 .                                 Commerce, ( 2 ) Finance, ( 3 ) Health, Welfare and Social
( 3 ) See p. 13 of this Official Journal.                               Security, and (4 ) Agriculture.
                                                                        (') OJ C 333 , 9 . 12 . 1995 .